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| Chauvin trial: ‘This wasn’t policing. This was murder,’ says prosecution in closing arguments – live | Chauvin trial: ‘This wasn’t policing. This was murder,’ says prosecution in closing arguments – live |
| (32 minutes later) | |
| Jury to start deliberations once closings conclude and will be sequestered until it reaches a verdict – follow the latest trial news live | Jury to start deliberations once closings conclude and will be sequestered until it reaches a verdict – follow the latest trial news live |
| Prosecutor Jerry Blackwell has started the state’s rebuttal argument in Derek Chauvin’s murder case. When Blackwell’s rebuttal ends, jurors will start deliberating. | |
| “You can believe your eyes, ladies and gentlemen,” Blackwell says. “It was homicide.” | |
| “Reasonable officer” are not “magic words,” Blackwell says. “Reasonable is as reasonable does.” | |
| Blackwell’s reference to “reasonable officer” alludes to Eric Nelson, Chauvin’s defense attorney. During his closing, Nelson repeatedly claims that Chauvin’s actions were those of a “reasonable officer.” | |
| That is, Nelson has argued that Chauvin’s use-of-force was justified based upon George Floyd’s behavior early in his encounter with police as well as the growing crowd. | |
| Derek Chauvin’s lawyer, Eric Nelson, has just completed his closing argument. Nelson has said that several things might have gone differently on the day of George Floyd’s death. | Derek Chauvin’s lawyer, Eric Nelson, has just completed his closing argument. Nelson has said that several things might have gone differently on the day of George Floyd’s death. |
| Paramedics didn’t move sooner with resuscitation efforts nor did they give him Narcan, a drug that is administered during a suspected opioid overdose. | Paramedics didn’t move sooner with resuscitation efforts nor did they give him Narcan, a drug that is administered during a suspected opioid overdose. |
| “I am no suggesting to you that the ambulance, paramedics did anything wrong,” he says. “It shows that human beings make decisions in highly stressful situations that they believe to be right in the very moment it’s occurring.” | “I am no suggesting to you that the ambulance, paramedics did anything wrong,” he says. “It shows that human beings make decisions in highly stressful situations that they believe to be right in the very moment it’s occurring.” |
| “There’s lots of what ifs,” after an incident, Nelson says. “Lots of them.” | “There’s lots of what ifs,” after an incident, Nelson says. “Lots of them.” |
| “When you take into consideration the presumption of innocence, and proof beyond a reasonable doubt, I would submit to you that it is nonsense to suggest none of these other factors have any role that is not reasonable,” he says, alluding to Floyd’s health, drug use, and his claim earlier about possible carbon monoxide poisoning. “The state has failed to prove its case beyond a reasonable doubt.” | “When you take into consideration the presumption of innocence, and proof beyond a reasonable doubt, I would submit to you that it is nonsense to suggest none of these other factors have any role that is not reasonable,” he says, alluding to Floyd’s health, drug use, and his claim earlier about possible carbon monoxide poisoning. “The state has failed to prove its case beyond a reasonable doubt.” |
| Lawyers and the judge are now discussing legal issues. The prosecution’s rebuttal will begin very soon. | Lawyers and the judge are now discussing legal issues. The prosecution’s rebuttal will begin very soon. |
| Court has resumed following a short break. Derek Chauvin’s lawyer, Eric Nelson, is resuming his closing argument. | Court has resumed following a short break. Derek Chauvin’s lawyer, Eric Nelson, is resuming his closing argument. |
| Chauvin is charged with second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the death of George Floyd during a 25 May 2020 arrest. | Chauvin is charged with second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the death of George Floyd during a 25 May 2020 arrest. |
| While the Derek Chauvin trial is on break, after a long morning and a late stop for lunch, here is a recap of the main points today as the prosecution and defense present their closing arguments. | While the Derek Chauvin trial is on break, after a long morning and a late stop for lunch, here is a recap of the main points today as the prosecution and defense present their closing arguments. |
| Chauvin, a former Minneapolis police officer, denies charges of second degree and third degree murder, and manslaughter in the killing of George Floyd last May. | Chauvin, a former Minneapolis police officer, denies charges of second degree and third degree murder, and manslaughter in the killing of George Floyd last May. |
| “Officers are human beings capable of making mistakes in highly stressful situations,” Chauvin defense says in a key point after two hours of presenting its arguments. It was a significant admission of potential error. | “Officers are human beings capable of making mistakes in highly stressful situations,” Chauvin defense says in a key point after two hours of presenting its arguments. It was a significant admission of potential error. |
| Eric Nelson, Derek Chauvin’s lead defense lawyer, began his closing arguments mid-to-late morning in the court room in downtown Minneapolis. | Eric Nelson, Derek Chauvin’s lead defense lawyer, began his closing arguments mid-to-late morning in the court room in downtown Minneapolis. |
| Prosecutor Steve Schleicher earlier argued how Chauvin’s actions fall into the specific charges against him. “The state does not need to prove that he intended to kill George Floyd,” he said. | Prosecutor Steve Schleicher earlier argued how Chauvin’s actions fall into the specific charges against him. “The state does not need to prove that he intended to kill George Floyd,” he said. |
| The prosecution spells out the meaning of each of the three charges against Chauvin and describes how the state believes he is guilty. | The prosecution spells out the meaning of each of the three charges against Chauvin and describes how the state believes he is guilty. |
| Closing arguments began soon after 9am local time (10am ET), with the prosecution telling the jury that Chauvin’s use of force was improper, and that George Floyd died from a lack-of-oxygen as his breathing was being restricted by Chauvin and the other two officers pressing on him while he was handcuffed on the street in south Minneapolis last May 25. | Closing arguments began soon after 9am local time (10am ET), with the prosecution telling the jury that Chauvin’s use of force was improper, and that George Floyd died from a lack-of-oxygen as his breathing was being restricted by Chauvin and the other two officers pressing on him while he was handcuffed on the street in south Minneapolis last May 25. |
| The judge presiding over Derek Chauvin’s trial has just called a lunch break. Eric Nelson, Chauvin’s lawyer, will resume his closing argument after court resumes. | The judge presiding over Derek Chauvin’s trial has just called a lunch break. Eric Nelson, Chauvin’s lawyer, will resume his closing argument after court resumes. |
| Derek Chauvin’s lawyer has been addressing the second major theme of this case: George Floyd’s cause of death. Prosecutors contend that Floyd died from a lack of oxygen because Chauvin kept his knee on his neck for nine minutes and 29 seconds during an arrest last May. | Derek Chauvin’s lawyer has been addressing the second major theme of this case: George Floyd’s cause of death. Prosecutors contend that Floyd died from a lack of oxygen because Chauvin kept his knee on his neck for nine minutes and 29 seconds during an arrest last May. |
| Chauvin’s lawyer, Eric Nelson, contends that a confluence of factors, including Floyd’s health problems and drug use, caused his death - not asphyxia. | Chauvin’s lawyer, Eric Nelson, contends that a confluence of factors, including Floyd’s health problems and drug use, caused his death - not asphyxia. |
| “There’s no evidence of any brain injury” consistent with an asphyxial death, he has told jurors. | “There’s no evidence of any brain injury” consistent with an asphyxial death, he has told jurors. |
| Nelson pointed to the county medical examiner’s report which listed “complicating” factors including artery and blood-pressure related problems, as well as the presence of fentanyl and methamphetamine, under Floyd’s listed cause of death. | Nelson pointed to the county medical examiner’s report which listed “complicating” factors including artery and blood-pressure related problems, as well as the presence of fentanyl and methamphetamine, under Floyd’s listed cause of death. |
| “If something is insignificant to death,” Nelson says, authorities won’t list it on a death certificate. | “If something is insignificant to death,” Nelson says, authorities won’t list it on a death certificate. |
| “No single factor one over the other played any more of a role,” Nelson says. | “No single factor one over the other played any more of a role,” Nelson says. |
| “You have to analyze the evidence in the broader context.” | “You have to analyze the evidence in the broader context.” |
| Nelson’s closing also addresses prosecution witnesses’ contention that Floyd didn’t have high enough levels of fentanyl and methamphetamine in his system to have overdosed. | Nelson’s closing also addresses prosecution witnesses’ contention that Floyd didn’t have high enough levels of fentanyl and methamphetamine in his system to have overdosed. |
| “I’m not suggesting that this is an overdose death, it’s a multi-factoral process.” | “I’m not suggesting that this is an overdose death, it’s a multi-factoral process.” |
| After nearly two hours, we have arrived at a seeming twist in Eric Nelson’s closing argument. | After nearly two hours, we have arrived at a seeming twist in Eric Nelson’s closing argument. |
| While continuing to insist that Derek Chauvin’s actions toward George Floyd were justified, he seems to say that human fallibility might have played a role in the former officer’s decisions that day. | While continuing to insist that Derek Chauvin’s actions toward George Floyd were justified, he seems to say that human fallibility might have played a role in the former officer’s decisions that day. |
| “Simply because someone isn’t stabbing you or punching you or shooting at you, it doesn’t mean that you can’t use force,” he says, again pointing to departmental policy that permits non-deadly use of force. | “Simply because someone isn’t stabbing you or punching you or shooting at you, it doesn’t mean that you can’t use force,” he says, again pointing to departmental policy that permits non-deadly use of force. |
| He implores jurors to consider the situation from the officer’s perspective, and also says: “You have to take into account that officers are human beings capable of making mistakes in highly stressful situations.” | He implores jurors to consider the situation from the officer’s perspective, and also says: “You have to take into account that officers are human beings capable of making mistakes in highly stressful situations.” |
| As KARE 11’s Danny Spewak notes, this might be the first time Nelson has recognized the possibility of a mistake. | As KARE 11’s Danny Spewak notes, this might be the first time Nelson has recognized the possibility of a mistake. |
| “This was an authorized use of force, as unattractive as it may be,” Nelson also says. “And this is reasonable doubt.” | “This was an authorized use of force, as unattractive as it may be,” Nelson also says. “And this is reasonable doubt.” |
| Did Chauvin “intentionally apply unlawful force? That’s what you’re being asked to decide,” Nelson says. | Did Chauvin “intentionally apply unlawful force? That’s what you’re being asked to decide,” Nelson says. |
| “Did he purposefully purposefully apply unlawful force to another person?” he continues, alluding to language in the statutes that Chauvin is charged under. “Did he intentionally perform an act that was imminently dangerous.? | “Did he purposefully purposefully apply unlawful force to another person?” he continues, alluding to language in the statutes that Chauvin is charged under. “Did he intentionally perform an act that was imminently dangerous.? |
| Nelson argues that the presence of body-worn cameras and spectators undermine the notion that Chauvin would purposefully do anything unlawful. | Nelson argues that the presence of body-worn cameras and spectators undermine the notion that Chauvin would purposefully do anything unlawful. |
| “Do people do things [unlawful] intentionally and purposefully when they know they’re being watched?” he says. | “Do people do things [unlawful] intentionally and purposefully when they know they’re being watched?” he says. |
| Chauvin’s lawyer, Eric Nelson, is presenting his argument that Derek Chauvin might have rightfully perceived the crowd as a risk. As Chauvin was restrained on the ground, onlookers gathered, with some calling out to police officers that Floyd was in distress. | Chauvin’s lawyer, Eric Nelson, is presenting his argument that Derek Chauvin might have rightfully perceived the crowd as a risk. As Chauvin was restrained on the ground, onlookers gathered, with some calling out to police officers that Floyd was in distress. |
| Nelson is making this point as it’s part of his position that scenes are in a constant state of flux, making appropriate use-of-force situational. Nelson has contended that Chauvin’s use-of-force with George Floyd was reasonable given the circumstances. | Nelson is making this point as it’s part of his position that scenes are in a constant state of flux, making appropriate use-of-force situational. Nelson has contended that Chauvin’s use-of-force with George Floyd was reasonable given the circumstances. |
| “Never underestimate a crowd’s potential,” Nelson says, then referring to Minneapolis police department training materials. | “Never underestimate a crowd’s potential,” Nelson says, then referring to Minneapolis police department training materials. |
| “Most crowds are complaint,” he says, reading from the training materials. He further reads aloud: “Crowds are very dynamic creatures and can change rapidly.” | “Most crowds are complaint,” he says, reading from the training materials. He further reads aloud: “Crowds are very dynamic creatures and can change rapidly.” |
| Nelson concedes that this guidance is largely for large crowds, such as protests, but that the principles applies to “any crowd.” | Nelson concedes that this guidance is largely for large crowds, such as protests, but that the principles applies to “any crowd.” |
| “You never under estimate a crowd’s potential,” he reiterates. | “You never under estimate a crowd’s potential,” he reiterates. |
| “A reasonable police officer has to be aware and alert of his surroundings,” he says. “A reasonable police officer considers his department’s training.” | “A reasonable police officer has to be aware and alert of his surroundings,” he says. “A reasonable police officer considers his department’s training.” |
| Derek Chauvin’s lawyer, again emphasizing the notion of a “reasonable police officer,” says that “non-deadly force can be used to physically manage a person.”This attorney, Eric Nelson, has also taken issue with the prosecution’s repeated use of “nine minutes and 29 seconds”—the amount of time Chauvin kept his knee against George Floyd’s neck. | Derek Chauvin’s lawyer, again emphasizing the notion of a “reasonable police officer,” says that “non-deadly force can be used to physically manage a person.”This attorney, Eric Nelson, has also taken issue with the prosecution’s repeated use of “nine minutes and 29 seconds”—the amount of time Chauvin kept his knee against George Floyd’s neck. |
| “That’s not the proper analysis,” Nelson says. “The 9 mins and 29 seconds ignores the previous 16 minutes and 59 seconds” where Floyd resists. | “That’s not the proper analysis,” Nelson says. “The 9 mins and 29 seconds ignores the previous 16 minutes and 59 seconds” where Floyd resists. |
| “It says, in that moment at that point, nothing else that happened before should be taken into consideration,” Nelson says of prosecutors’ emphasis on the time Chauvin’s knee was pressed against Floyd’s neck. “A reasonable police officer would in fact take into account the last 16 minutes and 59 seconds.” | “It says, in that moment at that point, nothing else that happened before should be taken into consideration,” Nelson says of prosecutors’ emphasis on the time Chauvin’s knee was pressed against Floyd’s neck. “A reasonable police officer would in fact take into account the last 16 minutes and 59 seconds.” |
| “Human behavior is unpredictable and nobody knows it better than a police officer. Someone can be compliant one second and fighting the next,” he says. | “Human behavior is unpredictable and nobody knows it better than a police officer. Someone can be compliant one second and fighting the next,” he says. |
| Nelson also argues that even if a person stops kicking and punching, under police use-of-force guidelines, it “doesn’t mean you can’t control them with your body weight.” | Nelson also argues that even if a person stops kicking and punching, under police use-of-force guidelines, it “doesn’t mean you can’t control them with your body weight.” |
| Derek Chauvin’s attorney is going into his detailed argument as to why he used appropriate use of force in restraining George Floyd. | Derek Chauvin’s attorney is going into his detailed argument as to why he used appropriate use of force in restraining George Floyd. |
| Eric Nelson, in his closing, is saying that a “reasonable police officer” did not know what would happen given what he describes as Floyd’s “active resistance” in being arrested. | Eric Nelson, in his closing, is saying that a “reasonable police officer” did not know what would happen given what he describes as Floyd’s “active resistance” in being arrested. |
| Nelson says that a “reasonable police officers understands the intensity” of the officers’ struggle with Floyd. | Nelson says that a “reasonable police officers understands the intensity” of the officers’ struggle with Floyd. |
| Earlier, Nelson also says that Nelson’s use-of-force guidance includes “controlled takedowns” and “conscious neck restraint.” | Earlier, Nelson also says that Nelson’s use-of-force guidance includes “controlled takedowns” and “conscious neck restraint.” |
| “He has, per his training, these techniques at his disposal.” | “He has, per his training, these techniques at his disposal.” |
| Derek Chauvin’s lawyer has used the argument that George Floyd might have suffered from carbon monoxide poisoning to make a point about how jurors should weigh evidence. | Derek Chauvin’s lawyer has used the argument that George Floyd might have suffered from carbon monoxide poisoning to make a point about how jurors should weigh evidence. |
| Remember, Chauvin’s attorney, Eric Nelson, brought an expert witness last week to talk about other factors that might have contributed to Floyd’s death. This witness, forensic pathologist Dr David Fowler, told jurors that carbon monoxide from the tailpipe near Floyd’s head—he was restrained prone against the ground during his fatal encounter with police—might have contributed to his death. | Remember, Chauvin’s attorney, Eric Nelson, brought an expert witness last week to talk about other factors that might have contributed to Floyd’s death. This witness, forensic pathologist Dr David Fowler, told jurors that carbon monoxide from the tailpipe near Floyd’s head—he was restrained prone against the ground during his fatal encounter with police—might have contributed to his death. |
| Prosecutors re-called their expert witness, Dr Martin Tobin, to rebut Fowler’s testimony; they have contended that Floyd died from a lack of oxygen. | Prosecutors re-called their expert witness, Dr Martin Tobin, to rebut Fowler’s testimony; they have contended that Floyd died from a lack of oxygen. |
| That the defense has used carbon monoxide to explain, in part, Floyd’s death has come to a surprise for many. | That the defense has used carbon monoxide to explain, in part, Floyd’s death has come to a surprise for many. |
| “Take the time and conduct an honest assessment of the facts in this case,” Nelson has implored jurors.”We have to be intellectually honest about the evidence.” | “Take the time and conduct an honest assessment of the facts in this case,” Nelson has implored jurors.”We have to be intellectually honest about the evidence.” |
| Dr Tobin “told you we can completely disregard, we know conclusively” that Floyd didn’t have carbon monoxide poisoning because his blood-oxygen saturation was 98 percent, Nelson says. | Dr Tobin “told you we can completely disregard, we know conclusively” that Floyd didn’t have carbon monoxide poisoning because his blood-oxygen saturation was 98 percent, Nelson says. |
| We “could get up and argue to you we know this isn’t asphyxiation because George Floyd had a 98 percent oxygen level,” he says, “But that’s not intellectually honest.” | We “could get up and argue to you we know this isn’t asphyxiation because George Floyd had a 98 percent oxygen level,” he says, “But that’s not intellectually honest.” |
| “It doesn’t stack up against the rest of the evidence because of what we know.” | “It doesn’t stack up against the rest of the evidence because of what we know.” |
| Nelson has pointed to the fact that paramedics were manually breathing for Floyd, and re-oxygenating his blood during these efforts. | Nelson has pointed to the fact that paramedics were manually breathing for Floyd, and re-oxygenating his blood during these efforts. |
| Nelson’s efforts are part of his entreaties to jurors that they consider evidence in a global way, the big picture rather than snippets of video. | Nelson’s efforts are part of his entreaties to jurors that they consider evidence in a global way, the big picture rather than snippets of video. |
| “Essentially, what the state has to convince you, is the evidence in this case completely eliminates any reasonable doubt or in other words leaving only unreasonable doubt.” | “Essentially, what the state has to convince you, is the evidence in this case completely eliminates any reasonable doubt or in other words leaving only unreasonable doubt.” |
| “You need to review the entirety of the evidence of this case,” he says. | “You need to review the entirety of the evidence of this case,” he says. |
| “Take the time and conduct an honest assessment of the facts in this case.” | “Take the time and conduct an honest assessment of the facts in this case.” |
| Court has just resumed from a brief break in Derek Chauvin’s murder trial. The former Minneapolis police officer’s attorney, Eric Nelson, has just started his closing argument. | Court has just resumed from a brief break in Derek Chauvin’s murder trial. The former Minneapolis police officer’s attorney, Eric Nelson, has just started his closing argument. |
| Chauvin is facing charges of second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the death of George Floyd during a 25 May 2020 arrest. | Chauvin is facing charges of second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the death of George Floyd during a 25 May 2020 arrest. |
| Chauvin, who is White, kept his knee against the neck of Floyd, who is Black, for nine minutes and 29 seconds. Floyd, who was also restrained prone on the ground, died. | Chauvin, who is White, kept his knee against the neck of Floyd, who is Black, for nine minutes and 29 seconds. Floyd, who was also restrained prone on the ground, died. |