Chauvin Trial Lawyers Make Final Pitch 04/19 06:23

   

   MINNEAPOLIS (AP) -- Attorneys in the trial of a former Minneapolis police 
officer charged with killing George Floyd are set to make their closing 
arguments Monday, each side seeking to distill three weeks of testimony to 
persuade jurors to deliver their view of the right verdict.

   For prosecutors, Derek Chauvin recklessly squeezed the life from Floyd as he 
and two other officers pinned him to the street for 9 minutes, 29 seconds 
outside a corner market, despite Floyd's repeated cries that he couldn't 
breathe -- actions they say warrant conviction not just for manslaughter but 
also on two murder counts.

   For the defense, Floyd, who was Black, put himself at risk by swallowing 
fentanyl and methamphetamine, then resisted officers trying to arrest him -- 
factors that compounded his vulnerability to a diseased heart and raise 
sufficient doubt that Chauvin, who is white, should be acquitted.

   Each side will pull key testimony to support their narrative for what killed 
Floyd in a case that roiled America 11 months ago and continues to resonate. 
The anonymous jury will later deliver verdicts in a courthouse surrounded by 
concrete barriers and razor wire, in an anxious city heavily fortified by 
National Guard members and just days after fresh outrage erupted over the 
police killing of a 20-year-old Black man in a nearby suburb.

   The attorneys aren't limited by time, though legal experts say overlong 
arguments risk losing jurors' attention and may be less effective. Prosecutors 
Steve Schleicher and Jerry Blackwell will share the closing, with Schleicher 
leading off and Blackwell coming on for the last-word rebuttal of defense 
attorney Eric Nelson's closing.

   Chauvin, 45, is charged with second-degree murder, third-degree murder and 
second-degree manslaughter. Experts expect Schleicher to walk jurors through 
the elements of the charges. All three require the jury to conclude that 
Chauvin's actions were a "substantial causal factor" in Floyd's death -- and 
that his use of force was unreasonable.

   Schleicher can remind jurors of key testimony from a myriad prosecution 
medical experts who testified that Floyd died of asphyxiation caused by being 
pinned to the pavement. He and Blackwell can point to plentiful testimony from 
use-of-force experts who said Chauvin's actions were clearly improper, as well 
as Minneapolis Police Department officials saying they were outside his 
training.

   Video played a huge role at trial, both in buttressing the expert testimony 
and in driving home the emotional impact of Floyd's anguish and death. 
Prosecutors can re-play video during their closings, and experts say they 
expect it.

   Guilty verdicts must be unanimous, which means Nelson needs to raise doubt 
in the minds of just a single juror on the various counts. His closing is 
certain to return to the themes of his cross-examination of prosecution 
witnesses and the brief defense case he mounted.

   Nelson is sure to highlight how the county medical examiner, Dr. Andrew 
Baker, did not conclude that Floyd died of asphyxia -- putting him at odds with 
the prosecution's medical experts, even though Baker did call Floyd's death a 
homicide and testify that he believes Floyd's heart gave out in part due to 
being pinned to the ground.

   Nelson is also certain to remind the jury of Floyd's drug use, perhaps with 
the same language he frequently used during the testimony phase -- with 
questions that emphasized words such as "illicit." Despite the long duration of 
Floyd's restraint, he's likely to again portray Chauvin's use of force as 
dictated by "fluid" and "dynamic" factors that shouldn't be second-guessed, 
including the prospect that Chauvin was distracted by a threatening group of 
bystanders.

   Nelson is also likely to question perhaps the strongest single part of the 
state's case -- the video of Floyd's arrest, including bystander Darnella 
Frazier's video that largely established public perceptions of events. Nelson 
argued that camera angles can be deceptive, and used other views to suggest to 
jurors that Chauvin's knee wasn't on Floyd's neck at all times.

   "If I was Nelson, I'd do a lot of things, because a lot of things need to be 
done," Joe Friedberg, a local defense attorney not involved in the case, said. 
"He's in desperate trouble here."

   Fourteen jurors heard testimony, two of them alternates. If Judge Peter 
Cahill follows the usual practice of dismissing the last two chosen as 
alternates, the 12 who will deliberate will include six white and six Black or 
multiracial jurors.

   Second-degree murder requires prosecutors to prove Chauvin intended to harm 
Floyd. Third-degree murder requires proof that Chauvin's actions were 
"eminently dangerous" and done with indifference to loss of life. Second-degree 
manslaughter requires jurors to believe that he caused Floyd's death through 
negligence and consciously took the chance of causing severe injury or death.

   Each count carries a different maximum sentence: 40 years for second-degree 
unintentional murder, 25 years for third-degree murder, and 10 years for 
second-degree manslaughter. Sentencing guidelines call for far less time, 
including 12 1/2 years on either murder count.