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Chauvin could face 30 years in prison. Wants to protect them: NPR


Defense attorney Eric Nelson (left) and defendant, former Minneapolis police officer Derek Chauvin, address Hennepin County Judge Peter Cahill at the Hennepin County Courthouse in Minneapolis, Minn., during their trial.

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Defense attorney Eric Nelson (left) and defendant, former Minneapolis police officer Derek Chauvin, address Hennepin County Judge Peter Cahill at the Hennepin County Courthouse in Minneapolis, Minn., during their trial.

Court TV/AP

Minneapolis – Prosecutors are seeking a 30-year sentence for a former Minneapolis police officer convicted of murder George Floyd’s death, but a defense attorney is seeking a sentence of probation and an already served time to Derek Chauvin, according to court documents filed Wednesday.

Chauvin is to be sentenced on June 25 after pleading guilty to manslaughter and manslaughter charges. Judge Peter Cahill previously ruled that the aggravating factors were In the death of Floyd. This gives him the discretion to sentence Chauvin above the limit recommended by state guidelines, which tops out at 15 years.

Prosecutors said Chauvin’s actions were serious and that the 30-year sentence would “justifiably account for the profound impact of the defendant’s conduct on the victim, the victim’s family and community.” He said Chauvin’s actions “shocked the conscience of the nation.”

Prosecutors wrote, “No sentence can undo the death of Mr. Floyd, and no sentence can undo the defendant’s actions. But the sentence the court has given must show that no one can by law.” is not above, and no one is below it.” “The defendant’s conviction must be fully accountable for his reprehensible conduct.”

Defense attorney Eric Nelson cited Chauvin’s age, lack of criminal record, and the support of family and friends in his request for a sentence of probation and time. He said Chauvin, 45, was the product of a “broken” system.

Mark Osler, a former federal prosecutor and now a professor at the University of St. Thomas’ School of Law, said it is not unusual for lawyers to make these types of requests as an “initial offer”. He said there is no chance of Chauvin getting the probation, and prosecutors are also unlikely to get the 30 years they are requesting.

He said that Nelson’s efforts to portray Chauvin as a good fit and law-abiding citizen for probation would probably face “brutal backlash from the government”, as Chauvin was also accused of tax evasion. has been applied. He said Nelson’s reference to Chauvin being the product of a broken system is “fascinating – most Americans think Chauvin is broken about our criminal justice system.”

Chauvin was convicted in April Second-degree unintentional manslaughter, third-degree manslaughter and second-degree manslaughter for pressing his knee against Floyd’s neck for nearly 9 1/2 minutes because the black man said he couldn’t breathe and was immobile done. Floyd’s death, captured on widely-viewed video, has set off demonstrations across the United States and beyond as protesters demand changes to policing.

Even though Chauvin was found guilty on three counts, he would only be sentenced in the most serious of cases – second-degree murder. Under the Minnesota Sentencing Guidelines, He faces a sentence of 12 1/2 years on that count without a criminal record. Cahill can punish him with a minimum sentence of 10 years, eight months or up to 15 years and stay within the guidelines.

But prosecutors asked what is known as an upward departure, saying there were several aggravating factors that warrant a higher sentence. Cahill agreed, that Chauvin treated Floyd with particular cruelty, abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that He knocked Floyd down in the presence of the children.

Prosecutors said even one of those factors would warrant a higher sentence.

Nelson wrote that the incident portrayed Chauvin as a “dangerous man”, who had served his community as an officer and had a loving family and close friends. He also disputed the court’s conclusion that aggravating factors were present, saying there was no evidence that Chauvin’s attack on Floyd involved an unnecessary form of pain or cruelty.

β€œHere, Mr. Chauvin was unaware that he was also committing a crime. Indeed, in his mind, he was performing his legitimate duty in assisting the other officers in the arrest of George Floyd,” Nelson wrote, Chauvin’s crime may be best described as an error committed in good faith based on his experience and the training he received – and it was not the intentional commission of a crime.

“Despite the notoriety surrounding this case, the court must look at the facts. They all point to one most important fact: Mr. Chauvin did not intend to cause the death of George Floyd. He believed that He was doing his job,” he said. wrote.

Regardless of the sentence that Chauvin receives, in Minnesota it is assumed that a defendant with good behavior will serve two-thirds of the sentence in prison and the rest on supervised release, commonly known as parole.

Nelson is also calling for a new trial for Chauvin – a fairly routine request following a conviction. They argued that widespread pre-trial publicity tarnished the jury pool and denied Chauvin the right to a fair trial. He also said that Cahill also abused his authority when he denied defense requests to move the trial from Minneapolis and separate the jury. And, he said the state had committed prosecution misconduct.

Nelson is also seeking a hearing to investigate whether juror misconduct took place. Nelson alleged that an alternative jury that made public comments indicated that she was feeling pressured to deliver a guilty verdict, and that another juror who deliberately did not follow the jury’s instructions and was unclear during jury selection. That juror, Brandon Mitchell, did not mention that he had attended the August 28 march in Washington, D.C. to honor Martin Luther King Jr.

Nelson alleged that Mitchell made comments in the media that indicated that he based his decision on outside influence.

Prosecutors have a week to respond in writing to those arguments.

Chauvin has also been indicted on federal charges alleging that he violated Floyd’s civil rights, as well as the civil rights of a 14-year-old he withheld in his 2017 arrest. Three other former officers involved in Floyd’s death were also charged with federal civil rights violations; They await trial in a state court for aid and abetment.

A federal trial date has not been set. Federal prosecutors are asking for more time To prepare for trial, saying the case is complicated because of the sheer volume of evidence and separate but coordinated state and federal investigations.

Disclaimer: The opinions expressed within this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of knews.uk and knews.uk does not assume any responsibility or liability for the same.

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