Lawyer argues for probation, no jail time


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Defense attorney Derek Chauvin, the former Minneapolis police officer convicted of killing George Floyd with a knee pressed to his neck, wrote that he should not be sentenced to prison or well below the maximum sentence because he is the product of a “broken system” in a lawsuit Wednesday, prosecutors argued in a memo filed on Wednesday that “Chauvin’s actions shocked the family of Mr. Floyd, bystanders who watched Mr. Floyd die, and the community. His behavior shocked the conscience of the nation.” Convicted of second and third degree murder and second degree manslaughter in Floyd’s death in May 2020, sparking mass protests and national accounts about systemic racism and police brutality, Chauvin is due to be sentenced on June 25, facing a maximum sentence. 30 years in prison because the judge overseeing the case concluded that he abused his position of trust and power, among other aggravating factors. The ear that ripped my heart out: George Floyd’s family struggles with loss A year after the murder, Chauvin has been in prison awaiting sentencing since April 21 and will get credit for his time. His attorney, Eric Nelson, wrote in the lawsuit that Chauvin is in solitary confinement in a maximum security prison because he was likely to be targeted by other inmates, and three other officers involved in the incident face charges of aiding and abetting Floyd’s murder. They are due to stand trial in 2022, and the four officers have been charged in federal court with violating Floyd’s civil rights while in detention. Chauvin first appeared in that case Tuesday, and meanwhile, the Minneapolis Police Department’s Department of Justice is investigating systematic violations of people’s civil rights. Defense attorney: Chauvin was a ‘common guy’ before the accident. In Wednesday’s dossier, Nelson wrote that Chauvin was born to a “loving mother, father and sister,” served in the military, and earned high marks in reviews during his 19 years as a police officer. “In the public eye, Mr. Chauvin has been reduced to this incident and has been portrayed as a dangerous man,” Nelson wrote. “However, beyond politics, Mr. Chauvin is still a human being. Prior to this incident, Mr. Chauvin was an ordinary man with a loving family and close friends. He was husband, stepfather, uncle, brother and son. “Mr. Chauvin has the support of his ex-wife and her family, and has received thousands of messages of support from around the world since his arrest,” Nelson wrote. “Mr. Chauvin has the support network he needs to succeed as he navigates this incident,” Nelson wrote. “Legal observers expected to ask for a sentence lower than the sentencing guidelines required. But they said the defense file was abusive because Nelson provided no evidence that Chauvin apologized and instead appealed for sympathy.” The way he did it, Chauvin should “deserve the highest punishment possible under the law for what he did,” said Chauvin, civil rights attorney and former president of the Minneapolis chapter of the National Association for the Advancement of Colored People (NAACP). Floyd’s hands were handcuffed, face down the street, after Minneapolis police officers responded to a grocery store complaint that he used a counterfeit $20 banknote. Chauvin knelt on Floyd’s back and neck for about 9 minutes while Floyd repeatedly cried outside, “I can’t breathe,” and onlookers recorded it on their cell phones. Even after Floyd had no pulse, Chauvin remained in place until a paramedic pushed him away so he could load Floyd on ag Orne. In defense of the maximum sentence, prosecutors wrote that Chauvin’s abuse of trust and the manner in which he killed Floyd, “was particularly outrageous because it was viewed by children, who risk being traumatized for the rest of their lives.” Joseph Daly, a professor at Mitchell Hamlin College of Law in neighboring St. Paul, said the sympathy appeal is unlikely to be effective. “He (Chauvin) continued to kneel on his body even after there was no pulse,” Daly said. He said that “this fact alone” requires a higher sentence, while the defense argument says an attendance investigation found Chauvin had no criminal history, it does not say Chauvin made a statement to the probation officer. This was a missed opportunity to express remorse, said Mary Moriarty, the former chief public defender for Hennepin County, with judges sometimes reducing prison sentences when a defendant accepts responsibility for his actions. Although the federal case means Chauvin is unlikely to admit responsibility, “you see the opposite in this note,” Moriarty said, “he thought he was doing his job,” she said. “There is absolutely no acceptance of responsibility” or regret for Floyd’s death. For Sarah Davis, executive director of the Center for Legal Rights in Minneapolis, the defense file is “a continuation of the highly racist defense strategy we saw throughout the trial.” During the trial, Nelson noted that the crowd, which was mostly black spectators, was an angry mob and focused on Floyd’s use of illegal drugs. The Nelson Report did not explain what “Broken System” Chauvin was a product of. Moriarty said the reference usually conjures up images of “enormous racial disparities and the system so designed from the enslavement of Jim Crow to mass incarceration.” ‘Broken system’ – people who cannot bail out of prison while awaiting trial and cannot easily be ‘appropriately dressed’ in court, as Nelson Chauvin described in his memo. Chauvin had “every advantage, including a female police officer.” Armstrong said it was clear Chauvin was “the poster child for breaking the system. We must stop the practice of allowing police officers to have so much power over black lives and so little accountability when they misuse it.” This power.” Chauvin has appealed his conviction. Nelson asserted throughout the trial that the overwhelming public interest had distorted the jury, and the judge should have changed venue or removed the jury. In another filing on Wednesday, Nelson said these factors had denied Chauvin a fair trial, and that a new trial should take place elsewhere. Justice system, send tips via direct message @latams or email tami(at)usatoday.com


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