Trial of Derek Chauvin


State of Minnesota v. Derek Michael Chauvin was an American criminal case in the District Court of Minnesota in 2021. Former Minneapolis police officer Derek Chauvin was tried and convicted for the murder of George Floyd, which occurred during an arrest on May 25, 2020, and led to global protests over racial injustice and police brutality. A 12-member jury found Chauvin guilty of unintentional second-degree murder, third-degree murder, and second-degree manslaughter. It was the first conviction of a white police officer in Minnesota for the murder of a black person.
The trial was held at the Hennepin County Government Center in Minneapolis, and it ran from March 8 to April 20, 2021. It was the first criminal trial in Minnesota to be entirely televised and the first to be broadcast live. The trial received extensive media coverage, with over 23 million people watching the verdict being announced on live television. Several protest marches and demonstrations were held up to and during the trial. Large crowds celebrated the guilty verdict announcement.
Chauvin was sentenced by the trial judge to years in prison for second-degree murder, 10 years more than the presumptive sentence under the sentencing guideline of years, due to Chauvin's abuse of power and his particular cruelty inflicted on Floyd. The first charge could have carried a maximum penalty of forty years in prison. Chauvin appealed his conviction, but the guilty verdict was upheld by the Minnesota Supreme Court. The United States Supreme Court declined to review the case.

Background

Murder of George Floyd

was one of four officers of the Minneapolis Police Department involved in the arrest of George Floyd on May 25, 2020, on suspicion of using a counterfeit $20 bill at a market. He also served as the field training officer for one of the other officers involved. While Floyd was handcuffed and lying facedown on the street, Chauvin knelt on Floyd's neck for nine minutes and 29 seconds. For part of the time, two other officers knelt on Floyd's back. During the final two minutes, Floyd was motionless and had no pulse.
A reading of the initial police report shows no mention of Floyd's treatment when he was arrested. The misleading report reads, a "medical incident during police interaction." Many believe Chauvin would never have been convicted if the mobile phone video taken by
Darnella Frazier had not surfaced.
Minnesota Governor Tim Walz publicly thanked Frazier saying, "Taking that video, I think many folks know, is maybe the only reason that Derek Chauvin will go to prison".
Two autopsies found Floyd's death to be a homicide. At the time of his murder, Floyd also had recovered from COVID-19 and suffered from heart disease, and had fentanyl and methamphetamine in his system.

Arrest, charges, and bail

Chauvin was arrested on May 29, 2020, and initially charged with third-degree murder and second-degree manslaughter, making him the first white police officer in Minnesota to be charged with murdering a black civilian. On June 3, charges were amended to include second-degree murder, specifically unintentional second-degree murder while attempting to commit felony assault. Chauvin was released on conditional bail on October 7, 2020 after posting a bond of $1 million. Court documentation provided that his release was supervised and would be forfeited if he declined to appear before a magistrate, refused to appear in court on scheduled dates, left the state of Minnesota without court approval, or had contact with Floyd's family.

Pre-trial proceedings

On August 29, 2020, Chauvin's attorneys filed a motion to dismiss the case, claiming that Floyd most likely died as a result of drug use and preexisting medical conditions. On the same day, prosecutors moved to increase potential sentences for the four officers beyond the guidelines for all four accused, arguing that Floyd was vulnerable while being held down on the ground in handcuffs and was treated cruelly.
On November 12, 2020, Judge Cahill initially ruled that Chauvin and the other three officers would be tried together. On January 11, 2021, Cahill ruled that Chauvin would be tried separately from the other officers.
On October 22, 2020, Cahill dismissed the third-degree murder charge, but not the second-degree unintentional murder and second-degree manslaughter charges. On March 11, 2021, on appeal, Cahill reinstated the third-degree murder charge against Chauvin. The decision came after the Minnesota Supreme Court on March 10, denied the defense's petition for review of a Court of Appeals decision requiring Cahill to reconsider reinstating the charge.
On March 19, 2021, after considering that drugs discovered in the SUV where Floyd was detained were confirmed to contain his DNA, Cahill allowed the defense to present limited evidence from Floyd's May 2019 arrest, disallowed a forensic psychiatrist the prosecution wanted to testify that Floyd was acting like a normal scared person during the arrests, and dismissed a motion to postpone the trial in light of the civil settlement's publicity.

Trial

Judge and attorneys

Judge Peter Cahill presided over the case. Cahill has been a judge since 2007 and previously worked as both a public defender and prosecutor.
On May 31, 2020, Governor Tim Walz announced that Attorney General Keith Ellison would lead the prosecution instead of County Attorney Michael O. Freeman. Freeman was the subject of protests and was later disqualified from working on the case.
Ellison was usually present in the courtroom but did not take part in making legal arguments.
The prosecution team included Minnesota Assistant Attorney General Matthew Frank, serving as the lead prosecutor, Jerry W. Blackwell, Steven Schleicher, and Erin Eldridge. Ellison brought in a team of attorneys from Hogan Lovells after Georgetown Law School Professor Neal Katyal, a former acting Solicitor General of the United States, offered to assist in crafting strategy and motions. Katyal said that Ellison invited the mother of Eric Garner to the prosecution's daily meeting and that her presence highlighted how the Chauvin case was also an effort "to achieve a measure of justice for all the Black families who have lost loved ones to police violence but never saw a courtroom." Blackwell, a civil rights and corporate torts attorney, joined the prosecution team pro bono. He is known for his ability to present complex legal issues in plain English to jurors. Chauvin was represented by defense attorney Eric Nelson, compensated by the Minneapolis Police and Peace Officers Association, which provides services to its members. Nelson is one of a dozen lawyers assigned in rotation for current and former members requiring job-related legal services.

Jury

On December 22, 2020, prospective jurors in Hennepin County were mailed a questionnaire asking about their views on the criminal justice system, the police, and social movements. The questionnaire also asked prospective jurors to disclose how many times they viewed videos of Floyd's murder and whether they participated in the George Floyd protests.
The trial was held at the Hennepin County Government Center in Minneapolis. On March 8, 2021, jury selection was delayed until at least March 9, pending consideration of the third-degree murder charge against Chauvin. Jury selection began on that day, with the third-degree murder issue still unresolved by the Court of Appeals. During jury selection, prospective jurors were questioned about their views on Black Lives Matter, Blue Lives Matter, and defunding the police. Jurors were also questioned about Minneapolis' $27 million settlement with Floyd's family, with two seated jurors excused after news of the settlement changed their ability to be impartial. Some potential jurors expressed fear of retribution if they were to return an unpopular verdict. Twelve anonymous jurors and three alternates were seated as of March 23, with six white, four black, and two multi-racial jurors selected. On the third day of trial, a juror had a "stress-related reaction" but declined medical attention.

Opening statements

Opening statements from the prosecution and the defense were heard on March 29, 2021. Prosecutor Jerry Blackwell started opening statements saying that "Mr. Chauvin betrayed his badge" while defense attorney Eric Nelson said that "Chauvin did exactly what he had been trained to do". Nelson's opening statement drew attention to the eyewitnesses who watched Floyd's death, who he characterized as an unruly and threatening crowd.

Prosecution case

The prosecution began its case on March 29, 2021, and rested on April 13 after 11 days of testimony from 38 witnesses.

Prosecution witnesses

About 400 people were included on a list of prospective trial witnesses, but only 38 were called on to testify. The prosecution's witnesses were:
  • Jena Scurry, a 911 dispatcher who received the call about Floyd using a counterfeit bill; she viewed Floyd's arrest via live video, and was concerned about the manner of his arrest, leading her to call a police sergeant about the arrest.
  • Alisha Oyler, a bystander who filmed Floyd's murder.
  • Donald Williams II, a bystander and professional MMA fighter, who testified that Chauvin's kneeling on Floyd's neck was applying a "blood choke", that Chauvin was "shimmying to actually get the final choke in" on Floyd, that the arrest procedure was "torture", and that he called 911 on Chauvin because he believed he had "witnessed a murder".
  • Darnella Frazier and three other underage witnesses who witnessed Floyd's murder testified off-camera. Frazier is the witness who recorded the widely circulated video that challenged the initial police report. She testified that Floyd was "terrified, scared, begging for his life", and saying "I can't breathe", while Chauvin "just stared at us" with "this cold look".
  • Genevieve Hansen, a bystander and EMT-certified firefighter of the Minneapolis Fire Department, who witnessed Floyd's condition and wanted to treat him but was not allowed. Hansen said she saw that Floyd "had an altered state of consciousness", because he was not responding to the "painful stimuli" of Chauvin's knee on his neck. She wanted to check Floyd for consciousness, start chest compressions, as well as render other medical attention, but was denied access to Floyd by the police.
  • Christopher Martin, an employee at Cup Foods who allegedly received the counterfeit bill from Floyd. Martin said "it would appear that was high" but that he was able to talk and communicate.
  • Christopher Belfrey, a bystander parked behind Floyd's SUV who began recording a video after seeing officer Lane point a gun at Floyd.
  • Charles McMillian, a bystander who had a conversation with Floyd when Floyd was in the police car.
  • Lt. Jeff Rugel, head of the MPD's business technology unit, who was familiar with police body camera footage.
  • Courteney Ross, Floyd's girlfriend, who testified that Floyd struggled with an opioid addiction after using opioids to treat back pain, that he had once been hospitalized for an overdose, and that he was in the car with a supplier at the time of his arrest. She cried while describing her relationship with Floyd.
  • Seth Bravinder and Derek Smith, Hennepin paramedics who responded to the scene of Floyd's murder and testified that they saw no signs of breathing or movement by Floyd when they arrived, that they detected no heartbeat once they were allowed access to Floyd, and that they failed to resuscitate Floyd. Smith said that when they arrived, he believed Floyd was already dead.
  • Capt. Jeremy Norton of the MFD, who responded to the scene and reported what happened to his supervisors. Norton said he "was worried that a man had been killed in police custody".
  • Ret. Sgt. David Pleoger, a police supervisor. 911 dispatcher Scurry called him to report her concern about the arrest. Pleoger arrived at the scene after Floyd was taken away in an ambulance. Pleoger testified that the arresting officers "could have ended their restraint" of Floyd once he stopped resisting them while handcuffed on the ground.
  • Sgt. Jon Edwards of the MPD, who testified that he responded to the crime scene, told Lane and Kueng to turn on their body cameras, and attempted to interview witnesses.
  • Lt. Richard Zimmerman, an MPD homicide investigator and its most senior officer. Zimmerman testified that Chauvin's kneeling on Floyd's neck for an extended period of time was "totally unnecessary" and that such a move "can kill". Zimmerman further testified that once suspects are handcuffed, "the threat level goes down all the way", and the police "need to get them out of the prone position as soon as possible because it restricts their breathing".
  • Bradford Wankhede Langenfeld, the Emergency Medicine resident physician at Hennepin County Medical Center who pronounced Floyd dead. He testified that for any person whose heart had stopped, the chance of survival decreases by 10%–15% every minute that cardiopulmonary resuscitation is not attempted.
  • Medaria Arradondo, chief of the MPD. Arradondo testified that Chauvin violated department policy, training and ethics by continuing to restrain Floyd in that manner at various stages: when Floyd had ceased resisting, was "no longer responsive", and was "motionless". Alongside citing the "sanctity of life" and the "duty of care", Arradondo added that Chauvin had violated department policy by not deescalating the situation when possible, and by not providing immediate medical attention to Floyd.
  • Inspector Katie Blackwell, who was the commander of the MPD's training division at the time of Floyd's murder. Blackwell testified that MPD policy was to train officers to use their arms to carry out a neck restraint on a suspect, instead of using an officer's knee like Chauvin did. She also testified that during the entirety of Chauvin's tenure with the department, MPD officers "were taught about positional asphyxia", and hence instructed to move suspects onto their sides "as soon as possible" once they are "under control".
  • Sgt. Ker Yang, an MPD crisis trainer who explained that listening is key to crisis intervention and that officers "shall de-escalate" when "it is safe and feasible".
  • Lt. Johnny Mercil, the state's expert on MPD use-of-force policy and training, testified that officers are trained to use the least amount of force to get control of a suspect and to de-escalate their restraint once the suspect is under control. He also said kneeling on Floyd's neck violated police policy, ethics, and training.
  • Officer Nicole Mackenzie, medical support coordinator, is the state's MPD expert on medical issues. Defense attorney Nelson questioned her about agonal breathing which she explained as ineffective irregular gasps for air. Nelson questioned as to whether it can be confused with effective breathing during "certain circumstances where there's a lot of noise, or a lot of commotion". She replied in the affirmative but under further questioning by the prosecution when asked if a hostile crowd could excuse an officer from giving emergency medical aid Mackenzie replied, yes but only "if an officer was being physically assaulted". She also testified that even if a person can speak it does not suggest that they are breathing adequately.
  • Sergeant Jody Stiger of the Los Angeles Police Department, a national expert on use-of-force by police. Stiger testified that the video showed Chauvin not changing the force he applied to Floyd's neck area during the restraint. According to Stiger, "no force was reasonable in that position" where Floyd was prone and handcuffed. In that position, Floyd was "not attempting to resist, not attempting to assault officers, kick, punch", opined Stiger. The pressure exerted by Chauvin's body weight in that position may "cause positional asphyxia and could cause death", said Stiger. Stiger testified that Chauvin executed a pain compliance technique on Floyd's wrist and knuckles, even though Floyd was prone, not resisting, and apparently unable to comply; this technique was applied for an excessive period of time. Although Stiger said that a name-calling crowd could be viewed as "a potential threat", Stiger also testified that for the bystanders to Floyd's arrest: "I did not perceive them as being a threat", as most of their verbal remarks were due to "concern" for Floyd. While Stiger agreed with defense attorney Nelson's assertion that police were trained to place a knee between the shoulder blades of suspects, Stiger disagreed with Nelson's assertion that Chauvin had placed his knee "on" Floyd's shoulder blades, rather than "above" them.
  • Special Agent James Reyerson of the Minnesota Bureau of Criminal Apprehension testified that he interviewed Minneapolis Chief Arradondoas during the investigation into Floyd's murder.
  • McKenzie Anderson, a BCA forensic scientist who processed Floyd's SUV and the officers' squad car and tested eight stains positive for Floyd's DNA, including seven blood stains.
  • Breahna Giles, a BCA chemical forensic scientist who testified that pills found inside Floyd's SUV contained fentanyl and methamphetamine.
  • Susan Neith, a forensic chemist who testified that three pills found inside the SUV and squad car contained a fentanyl concentration of less than 1% and a methamphetamine concentration of 1.9 to 2.9%, whereas "the majority of time" Neith sees "90 to 100% methamphetamine".
  • Martin J. Tobin, pulmonologist, critical care specialist, physiologist, and recognized expert in respiratory failure who said lack of oxygen to the brain and heart led to Floyd's death. Tobin testified that Floyd died of low levels of oxygen caused by asphyxiation that resulted in brain damage and cardiac arrest, and that he did not die of a fentanyl overdose.
  • Daniel Isenschmid, a forensic toxicologist who testified that the ratio of fentanyl to norfentanyl in Floyd's blood was 1.96 ng/ml, below the average of 9.05 in postmortem cases and 3.2 in DUI cases, adding that overdose victims rarely have norfentanyl in their blood. He also testified that Floyd's level of methamphetamine was in the bottom 5.9% of a sample of DUI methamphetamine cases.
  • Bill Smock, a legal forensic medicine specialist, surgeon, and former emergency room doctor who testified that Floyd died from a lack of oxygen and not a fentanyl overdose.
  • Lindsey Thomas, a forensic pathologist. She testified that there was "no evidence" that indicated that Floyd "would have died that night except for the interactions with law enforcement". Thomas said that the many videos of Floyd's arrest did not show signs of a death from a fentanyl overdose, as those deaths typically feature a person becoming "very sleepy" and then "peacefully stops breathing"; the videos also did not show Floyd experiencing a sudden death, as from a heart attack.
  • Andrew Baker, the chief Hennepin County medical examiner, who performed the official autopsy on Floyd's body. He testified that he stood by his autopsy finding that Floyd's death was a homicide caused by "cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression". He said Floyd's heart disease, fentanyl intoxication and methamphetamine use were contributing causes but not direct causes because they "did not cause the subdual or the neck restraint". He said he did not believe the neck compression he saw in the videos could have restricted air or blood flow to Floyd's brain, but that it contributed to physiological stress, increased adrenaline, and elevated blood pressure.
  • Jonathan Rich, a medical expert in cardiology, testified that despite seeing coronary artery blockage in Floyd's heart the heart is able to create new paths for blood to circulate and he saw nothing to suggest that a cardiac event played a role in his death. He also testified that he saw no evidence to suggest that a drug overdose caused Floyd's death.
  • Philonise Floyd, younger brother of George Floyd, who recalled the close relationship between his brother and their mother.
  • The final witness, Seth Stoughton, a law professor and former police officer, spoke as a use-of-force expert. Using the "reasonable officer" standard he testified that Chauvin's level of force was disproportionate to the circumstances. "No reasonable officer would have believed that this was an appropriate, acceptable or reasonable use of force."