The jury has started deliberations in Derek Chauvin's trial in the death of George Floyd after prosecutors and Chauvin's lawyers presented their closing arguments on Monday and the judge provided instructions on the charges, which include second-degree murder.
The 12 jurors deliberated for four hours Monday and will resume Tuesday.
The case was handed over to the jury after nearly three weeks of witness testimony. Chauvin, a former Minneapolis police officer, declined to take the stand last week.
Jury ends first day of deliberations in Chauvin trial
The seven women and five men who will decide Derek Chauvin’s fate ended their first day of deliberations at 8 p.m. local time Monday after listening to closing arguments from prosecutors and defense lawyers.
The jury met for four hours.
Chauvin was charged with three crimes — second-degree unintentional murder; third-degree murder; and second-degree manslaughter. If convicted of the first, most serious charge, the former Minneapolis police officer faces a maximum prison term of 40 years.
During nearly three weeks of testimony, prosecutors argued that George Floyd died by asphyxia after Chauvin kneeled on his neck for more than nine minutes. Chauvin’s lawyers focused on Floyd’s drug use, medical history and bad heart.
The jury is expected to return to the Hennepin County Courthouse in Minneapolis on Tuesday morning.
Chauvin trial judge says Maxine Waters 'confrontational' protest remarks could fuel appeal
The judge in Derek Chauvin's murder trial in the death of George Floyd criticized recent comments by Rep. Maxine Waters, D-Calif., and said her words could cause the trial to be overturned on appeal.
The California Democratic congresswoman, who has long been a lightning rod, was already facing a torrent of criticism from Republicans for her comments over the weekend urging protesters in Minnesota to “get more confrontational” if Chauvin is not convicted, with several GOP lawmakers calling for Waters' expulsion from Congress.
Chauvin's lawyer asked the judge to declare a mistrial over Waters' comments, arguing that she had prejudiced the jury. Judge Peter Cahill denied that request, but said Waters' comments were "abhorrent" and said she may have handed the defense a lifeline anyway.
"I'll give you that Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned," Cahill said as arguments in the case concluded Monday and the jury began deliberations.
Jury now deliberating after closing arguments end in Chauvin trial
After three weeks of witness and expert testimony, the prosecution and the defense in the murder trial of Derek Chauvin have rested their cases and given closing arguments. Now it's the jury's turn to deliberate in the high-profile case of the death of George Floyd.
Floyd, a Black man, died May 25 after Chauvin, a white 19-year veteran of the Minneapolis Police Department, pressed his knee into Floyd's neck for more than nine minutes. The jury will have to decide whether Chauvin's actions played a significant role in Floyd's death.
Click here to read the full story on what's known about the members of the jury and what's before them as they consider whether to convict Chauvin, who was fired after the incident.
Prosecution rebuts defense in final words of Chauvin trial
The prosecution in the Derek Chauvin trial has delivered its rebuttal to the defense's more than two and a half hour closing arguments on Monday afternoon.
During the rebuttal, special prosecutor Jerry Blackwell told the jurors that he would be the final lawyer speaking to them and that he wouldn't "take too long." He told the jurors that although they had heard from 45 witnesses, that he believed there was a 46th witness in the case: common sense.
In the final moments of his rebuttal, Blackwell focused on the defense's argument that George Floyd died of an enlarged heart, among other health issues, instead implying Floyd's death was due to the size of Chauvin's.
"The reason George Floyd is dead is because Mr. Chauvin's heart was too small," Blackwell said.
Earlier in his rebuttal, Blackwell told the jurors that they could "believe their eyes" when deliberating the case.
Blackwell initially went after what he called "stories" that the defense had told, rather than what he described as truths. However, the defense objected to the use of the word "stories," which Judge Peter A. Cahill sustained. During the rebuttal, Blackwell attacked the defense's position that Floyd's death was caused by underlying health issues.
Dr. Andrew Baker, the chief medical examiner in Hennepin County since 2004, had previously testified that Floyd's heart disease and drug use contributed to his death, but police officers' restraint of his body and compression of his neck were still the primary causes.
Defense attorney Eric Nelson had argued that Floyd's death was caused by a combination of health issues in addition to Floyd's drug use, which Blackwell questioned, asking why the defense chose to focus on Floyd' drug use.
"Why are we talking about pills that are not in his system? We know what's in his blood stream already. We know he struggles with opioid addiction. Why are we talking about pills that we know were not in George Floyd. You have to decide that for yourselves ladies and gentleman," Blackwell said. "... the suggestion that he was somehow taking it in handcuffs in the police car, which makes no sense."
Blackwell later reiterated that there was no sign that Floyd died of a heart condition, and toward the end of his remarks, Blackwell asked the jurors not to lose sight of the facts.
"The unreasonable use of force is assault. Here was an assault and it contributed to the death of Mr. Floyd," Blackwell said.
These are the charges Derek Chauvin faces
Former Minneapolis Police Officer Derek Chauvin faces three charges in his trial in the death of George Floyd. They are second-degree murder, which has a maximum sentence of 40 years; third-degree murder, which has a maximum sentence of 25 years; and second-degree manslaughter, punishable by up to 10 years.
But the recommended sentence for someone like Chauvin, who does not have prior convictions, is 12.5 years for second and third-degree murder, and four years for manslaughter, according to the Minnesota Sentencing Guidelines.
To prove second-degree murder:
Prosecutors have to convince the jury that Chauvin caused the death of Floyd while committing a felony. In this case, prosecutors will allege that Chauvin committed third-degree felony assault. But they don't necessarily have to prove Chauvin’s intent was to cause Floyd’s death.
To prove third-degree murder:
Prosecutors have to convince the jury of Chauvin’s state of mind. Minnesota's third-degree murder statute reads: "Whoever, without intent…causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life…" Prosecutors have argued that Floyd said 27 times that he couldn’t breathe — and that bystanders repeatedly warned Chauvin to get off of Floyd. There was controversy surrounding this charge. The judge initially dismissed it before an appeals court forced him to reconsider. In Minnesota, the charge was historically used to prosecute drug dealers who weren’t targeting specific individuals. But recently, former Minneapolis Police Officer Mohamed Noor was convicted of the charge and that has established new legal precedent.
To prove second-degree manslaughter:
Prosecutors will need to show beyond a reasonable doubt that Chauvin was "culpably negligent" and took an "unreasonable risk" with Floyd's life when he restrained him and that his actions put Floyd at risk of death or great harm.
Defense tries to use medical examiner findings against prosecution
Derek Chauvin’s defense tried Monday to use the testimony of the medical examiner who performed George Floyd’s autopsy and determined his cause of death against the prosecution.
Attorney Eric Nelson pointed out during closing arguments that Dr. Andrew Baker initially avoided watching the bystander video because he didn’t want it to influence his autopsy. Baker, who has been the chief medical examiner in Hennepin County since 2004, did subsequently watch the video before determining Floyd’s cause of death.
During cross-examination, Dr. Baker acknowledged to the defense that he saw no physical signs of asphyxiation, which contradicted other prosecution expert witnesses who said in their assessments that Floyd died from asphyxia. Those experts also testified that bruises and other injuries do not need to be present to determine that asphyxia occurred.
The medical examiner previously testified that Floyd's heart disease and drug use contributed to his death, but police officers' restraint of his body and compression of his neck were still the primary causes.
"Mr. Floyd’s use of fentanyl did not cause the subdual or neck restraint, his heart disease did not cause the subdual or the neck restraint," Baker said.
Baker ruled Floyd’s cause of death was "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression." The manner of death was ruled a homicide.
Defense tells jurors state needs to prove multiple other factors did not cause Floyd’s death
Derek Chauvin’s defense told jurors Monday during closing arguments that the state needed to convince them beyond a reasonable doubt that multiple other factors, including George Floyd’s medical history and drug use, did not cause his death.
Attorney Eric Nelson argued that the prosecution had to prove the stress of being arrested, the adrenaline caused by that stress, heart disease, hypertension, excited delirium, a paraganglioma and drugs in his system — or any combination of those factors — didn't lead to Floyd’s death.
Nelson said testimony from prosecution medical experts on Floyd’s cause of death that excluded these possibilities, “flies in the absolute face of reason and common sense."
Multiple prosecution witnesses testified they believed Floyd died from a lack of oxygen due to Chauvin's restraint for more than nine minutes.
Nelson directly targeted Dr. Martin Tobin, a renowned pulmonologist, who was arguably the prosecution's strongest medical witness. Tobin testified that Floyd died of a lack of oxygen.
Nelson zeroed in on testimony from Tobin that Floyd used his knuckles to push himself up to try to breathe. Nelson said that Floyd was in a side recovery at the moment Tobin described, meaning he should have been able to breathe.
"His entire testimony is based on theory, speculation, assumption," Nelson said.
Defense: There is ‘absolutely no evidence’ Chauvin intentionally used unlawful force
Derek Chauvin’s defense argued Monday there was “absolutely no evidence that Officer Chauvin intentionally, purposefully applied unlawful force."
Attorney Eric Nelson said during closing arguments the evidence showed Chauvin was following his training as a police officer during his interaction with George Floyd.
"These are officers doing their job in a highly stressful situation, according to their training, according to the policies of the Minneapolis Police Department," he said. "And it's tragic, it's tragic.”
Defense argues bystanders distracted Chauvin at ‘critical moment’
Derek Chauvin’s defense argued Monday that concerns about the bystanders gathered around the scene of George Floyd’s fatal interaction with police distracted the former officer at the “critical moment” when Floyd took his last breath.
“As this crowd grew more and more upset or deeper into crisis, a very critical thing happens at a very precise moment,” attorney Eric Nelson told jurors Monday afternoon during closing arguments.
He said at that moment, Floyd took his last breath. At the same time, Nelson said Chauvin pulled out his can of pepper spray in response to the crowd’s reactions and another bystander who was an off-duty firefighter approached from behind, “startling him.”
“All of these facts and circumstances simultaneously occur at a critical moment,” Nelson said. “And that changed Officer Chauvin’s perception of what was happening.”
Throughout the trial, the defense has sought to portray the bystanders as a potential concern for the officers' safety and as a distraction.
