The Argument for Relocating Derek Chauvin's Trial from Minneapolis

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Derek Chauvin, the former police officer charged with the murder of George Floyd, faced trial in a heavily fortified Minneapolis courthouse....

Jody Golden

Jody Golden

04 August 2023 11:50 am

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The Argument for Relocating Derek Chauvin's Trial from Minneapolis

Derek Chauvin's Trial in Minneapolis

Derek Chauvin, the former police officer charged with the murder of George Floyd, faced trial in a heavily fortified Minneapolis courthouse. The area was secured with barbed wire, concrete blocks, armored personnel carriers, and a squad of national guard troops. The heightened security measures were in place to prevent potential riots in the event of Chauvin's acquittal. Additional troops were stationed throughout Minneapolis to maintain order.

Chauvin's Request for Supreme Court Review

Derek Chauvin, the former police officer convicted of the murder of George Floyd, is seeking to have the Supreme Court review his case. Chauvin argues that his trial violated his Sixth Amendment right to a fair trial because of the potential for riots if the jury had acquitted him. He is requesting a retrial in a community where such unrest would not occur.

Details of George Floyd's Arrest

The article discusses the death of George Floyd on May 25, 2020, and the involvement of Derek Chauvin and three other Minneapolis police officers in his arrest. It mentions that there are some details about the incident that were not widely reported in the media. One such detail is that the Minneapolis Police Department trained its officers to use the restraint technique that Chauvin and the other officers used on Floyd. The article includes a photograph of this technique from the Minneapolis police training manual.

Relevance of Minneapolis Police Training Manual

The article discusses the Minneapolis Police Training Manual and its relevance to the trial of Derek Chauvin, the former police officer charged with the murder of George Floyd. Chauvin's attorney attempted to introduce a photograph into evidence, but the state objected, arguing that there was no evidence Chauvin was trained on the technique depicted in the photo. The court sustained the objection, but the article argues that whether Chauvin was trained on the technique is irrelevant. The main issue is whether the technique is an acceptable use of police force to restrain a suspect, and according to the Minneapolis Police Training Manual, it is deemed acceptable.

False Narrative and Cause of George Floyd's Death

The article discusses the false narrative surrounding the death of George Floyd and the trial of Derek Chauvin, the police officer involved. It states that the popular belief that Chauvin's knee on Floyd's neck caused his death is incorrect, as both the state's medical expert and Chauvin's medical expert agreed that Floyd died of a cardiac arrhythmia. The state's expert testified that the cardiac arrhythmia was caused by "positional asphyxia," specifically the weight of Chauvin's knee on Floyd's back, which restricted his chest from expanding enough to breathe in sufficient oxygen. However, the article mentions that academic studies have refuted the idea that placing weight on a suspect's back can cause positional asphyxia leading to death. It cites a 2017 study, co-authored by a University of Minnesota professor, which concluded that this theory has been "thoroughly debunked."

Factors Contributing to George Floyd's Death

The article highlights that the cause of death for individuals suffering from positional asphyxia is not the weight on their back, but rather other factors. These factors include high blood pressure, significant blockage in coronary arteries, an enlarged heart, recent use of fentanyl and methamphetamine, and stress. The state's medical experts admitted that George Floyd exhibited these conditions when he died, suggesting that these factors may have contributed to his cardiac arrhythmia.

Conviction and Impartial Jury

The article discusses the conviction of Derek Chauvin, the former police officer involved in the death of George Floyd. The jury had to believe two expert opinions presented by the state: that Chauvin used unreasonable force in restraining Floyd and that this force was a substantial cause of Floyd's death. These expert opinions were heavily contested during the trial. However, the jury reached a guilty verdict after deliberating for only one day. The article emphasizes the importance of the Sixth Amendment's guarantee of a trial before an impartial jury in this case.

Pre-Trial Publicity and Fair Trial

The Supreme Court has ruled that excessive pre-trial publicity can infringe upon a defendant's right to a fair trial. The concern is that potential jurors may be influenced by the media coverage and already consider the defendant guilty before the trial begins. In most cases, the trial court can identify and address any bias during the jury selection process. However, in certain situations where the pre-trial publicity is overwhelming and pervasive in the community, the Supreme Court has determined that the jurors would be inherently prejudiced against the defendant. In such cases, the court must relocate the trial to a location unaffected by the alleged crime or extensive media coverage.

Pre-Trial Publicity and Riots in Minneapolis

The article highlights the significant amount of pre-trial publicity surrounding the death of George Floyd, the riots in Minneapolis, and the charges against former police officer Derek Chauvin. The viral video of Chauvin and other officers using a restraint technique on Floyd gained widespread attention. The riots in Minneapolis lasted for six days and resulted in extensive damage, amounting to over $500 million, making it one of the most destructive riots in American history.

Challenges to Jury Selection

The media in the Minneapolis metropolitan area extensively covered the death of George Floyd and the trial of Derek Chauvin. The coverage focused on the "get off our neck" theme and portrayed Chauvin in a negative light. All 131 potential jurors for the Chauvin trial admitted to being exposed to this pre-trial publicity, and many were removed due to their resulting prejudice against Chauvin. However, despite this exposure, the trial court managed to seat 13 jurors to try Chauvin.

Challenges to Fair Trial in Minneapolis

The article discusses the challenges faced by Derek Chauvin, the former police officer charged with the murder of George Floyd, in receiving a fair trial in Minneapolis. It argues that the extensive pre-trial publicity surrounding the case made it impossible for Chauvin to receive a fair trial in the city and that the trial should have been moved elsewhere. However, the article suggests that the main issue was the jurors' personal safety concerns. It states that the jurors, who lived in the communities affected by the riots following Floyd's death, felt that their safety and that of their families was at risk if they were to acquit Chauvin. The article implies that this influenced their decision-making process and highlights the pressure they faced to convict Chauvin.

Personal Safety Concerns and Juror Protection

The potential jurors and seated jurors in the trial of Derek Chauvin, the former police officer charged with the murder of George Floyd, expressed concerns for their personal safety if they were to acquit Chauvin. The state recognized this threat and deployed soldiers to protect the courthouse during the entire trial, as well as throughout the city prior to the verdict. The threats continued even after the rioting that followed Floyd's death had ended, with protestors assaulting attorneys representing the other officers involved in the case before the trial began.

Brooklyn Center Riots and Juror Influence

The content provided is about a trial in Minneapolis involving former police officer Derek Chauvin, who is being charged in the death of George Floyd. During the trial, riots broke out in the Minneapolis suburb of Brooklyn Center due to another police incident. Soldiers were deployed to control the riots. One of the jurors in the Chauvin trial experienced these riots as she lived in Brooklyn Center. California Representative Maxine Waters spoke to the rioters, urging them to get "more confrontational" if Chauvin was acquitted. The article questions how active rioters would interpret a lawmaker encouraging more confrontational behavior when they are already engaged in rioting.

Juror Safety Concerns and Denial of Excusal

During a trial, a juror's identity was accidentally revealed, leading to concerns for his safety. The juror requested to be excused from the trial, but the court refused, acknowledging the validity of his concerns but still denying his request.

Relocating the Trial for Fairness

The Sixth Amendment of the United States Constitution prohibits the trial of a criminal defendant before a jury that has a personal stake in the outcome of the trial. In the case of Derek Chauvin, the former police officer charged with the murder of George Floyd, the extensive pre-trial publicity and the potential for riots and violence in Minneapolis justified moving the trial to ensure a fair and impartial jury. The article argues that the threats of violence towards jurors and the community they lived in made it necessary to relocate the trial.

Representation and Disclaimer

William F. Mohrman, an attorney based in Minneapolis, is representing Derek Chauvin in his appeal. Chauvin is the former police officer who was convicted of the murder of George Floyd. The article emphasizes that the views expressed by Mohrman are his own and do not necessarily reflect the stance of The Daily Wire. Additionally, the article mentions the Minneapolis Police Training Manual, although it does not provide specific details about its content.

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