Derek Chauvin is on trial for George Floyd’s death. The American criminal justice system is not

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But over the next four weeks, the debate in Chauvin’s trial in a courthouse in Hennepin County, Minnesota, will shift to legal details. How exactly did Floyd die medically? How aware was Chauvin that Floyd could die? What does “culpable negligence” really mean?

With opening statements in the trial beginning Monday, the gap between the societal issues at stake and the legal ones will be particularly wide, said Laura Coates, senior legal analyst at CNN.

“The ideas of excessive force in general, the ideas of police reform, the ideas of police responsibility, the ideas of systemic injustice, the ideas of the treatment of black victims by white defendants – all of which will be addressed and will be the elephants in the chamber, but in court, none of that can overshadow the government’s burden of proof in this particular trial, ”Coates said.

Derek Chauvin is the culprit. Not the American legal system. Not all police officers. ‘

These are the people at the center of Derek Chauvin's trial
Chauvin has pleaded not guilty to charges of accidental second-degree murder, third-degree murder, and second-degree manslaughter.

In a Minnesota first, the trial will be broadcast live in its entirety to meet Covid-19 attendance restrictions, giving audiences a rare glimpse into the most significant case of the Black Lives Matter era.

Just by getting to the start of the trial, Floyd’s case is more advanced than most of the deaths of black people in police custody. Many such deaths do not lead to charges for the officers involved, including in the cases of Michael Brown, Eric Garner and Tamir Rice. The cases that came to trial were not broadcast to the masses.
Perhaps the most analogous case to Floyd’s, was the 2013 televised trial of George Zimmerman, the neighborhood watch volunteer charged with the murder of 17-year-old Trayvon Martin. It was Zimmerman’s acquittal in that trial that led to the start of #BlackLivesMatter as a hashtag and movement.

Now, eight years later, the return to televised courtroom may be a test of how much has changed since then – and how far the American legal system is able to adapt to shifts beyond the walls of the courtroom.

How two lives collided

George Floyd passed out and died on May 25, 2020 under the knee of former Minneapolis police officer Derek Chauvin.
Floyd, 46, was born in North Carolina and grew up in Houston and moved to Minnesota as an adult for a fresh start, working as a security guard at a restaurant.
Derek Chauvin, 45, had been an officer in the Minneapolis Police Department since 2001, until he was fired after Floyd’s death.
Their lives collided on May 25, 2020, when police were called about a man who had used a fake $ 20 bill at a Minneapolis store. Two officers were directed to a parked car with Floyd in the driver’s seat, and they handcuffed him and induced him to be put in the back of a police car, according to the amended complaint.
Minneapolis will pay George Floyd's estate $ 27 million after city council votes to settle lawsuit with family

Chauvin and another officer then arrived on the scene and struggled to get Floyd into the vehicle, the complaint said. Chauvin reportedly pulled Floyd to the floor in a prone position and placed his knee on Floyd’s neck and head. His knee stayed there even when Floyd pleaded, “I can’t breathe,” said “I’m dying,” and eventually stopped breathing, the complaint says. He was pronounced dead in a hospital shortly afterwards.

The final moments of Floyd’s life, captured on video by shocked and angry bystanders, illustrated in clear images of what black Americans have long said about the ways in which the criminal justice system dehumanizes black people.

His death sparked massive protests under the banner of Black Lives Matter in cities across the country, as well as incidents of looting and unrest.

“Your family will miss you George, but your country will always remember your name,” Reverend Al Sharpton said at Floyd’s funeral. “Because your neck was one that represents all of us, and how you suffered is how we all suffer.”

What the trial will focus on

In this image from video, attorney Eric Nelson, left, former Minneapolis police officer Derek Chauvin, right, and Nelson's assistant Amy Voss, back, introduce themselves to jurors on Monday, March 22, 2021 at the Hennepin County Courthouse in Minneapolis.

Still, the trial won’t debate Floyd’s symbolism or Black Lives Matter’s merits. Instead, it will focus on two things: cause of death and Chauvin’s intent.

The Hennepin County Medical Examiner autopsy listed Floyd’s cause of death as heart failure due to “law enforcement subdual, restraint and neck compression,” and ruled it a murder. The medical examiner, Dr. Andrew Baker, also noted Floyd’s arteriosclerotic and hypertensive heart disease, fentanyl poisoning and recent methamphetamine use as “other important conditions.”

Chauvin’s lawyers have argued that those other circumstances were the real cause of death.

In a filing last August reviewing this defense, attorney Eric Nelson stated that Chauvin was acting within police policy and had no intention of harming Floyd. He argued that Floyd’s cause of death was not Chauvin’s knee, but was the result of a drug overdose along with pre-existing heart problems, a previous Covid-19 infection, and other health problems.

To get a guilty verdict, prosecutors must prove beyond a reasonable doubt that Chauvin caused Floyd’s death. Thus, a range of forensic pathologists are expected to take the stand to debate this issue, including a likely controversial cross-examination of Dr. Baker.

Judge settles third-degree murder charge against Derek Chauvin in George Floyd's death

The three charges differ mainly in the way they interpret Chauvin’s intent and thinking during the arrest.

The charge of second-degree murder says that Chauvin deliberately assaulted Floyd with his knee, which inadvertently caused Floyd’s death. The third-degree murder charge – which has been added to the case in recent weeks – says Chauvin acted with a “depraved mind, disregarding human life.” And the charge of second-degree manslaughter says Chauvin’s “guilty negligence” caused Floyd’s death.

Combined, the charges give jurors three different ways to decide how liable Chauvin is for Floyd’s death – if at all. – and how well he understood the risk to Floyd.

The defense has not indicated whether Chauvin will testify in his own defense. But given the importance of his thinking towards the charges, he can do this to explain his behavior and win the jurors’ sympathy.

“He will almost certainly take the stand and say, ‘We had no idea this man could die. We were just trying to control him until the medics got there,’ said Richard Frase, a professor of criminal law at the University of London. Minnesota Law School.

“He doesn’t have to convince the world he’s innocent,” Coates said. “He must sow a seed of reasonable doubt in the mind of one juror.”

Six men and nine women have been chosen to serve on the jury, and 12 of them will ultimately decide Chauvin’s fate.

The charges should be viewed as separate, so Chauvin could be convicted of all, some, or none of them. If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree murder.

However, the actual sentences would likely be much less, as Chauvin has no previous convictions. Minnesota sentencing guidelines recommend about 12.5 years in prison for each murder charge and about four years for manslaughter charges.

Other accused agents will not testify

Plexiglass barriers were placed throughout the Hennepin County Government Center for the trial.

Thomas Lane, J. Alexander Kueng and Tou Thao, all former Minneapolis police officers, were also on the scene with Chauvin and are charged with complicity in second degree murder and complicity in second degree manslaughter.

They plead not guilty, and their joint trial will take place this summer. They are not expected to testify at Chauvin’s trial.

The jury has been selected for Derek Chauvin's trial. This is what we know about them

Given the unrest and looting that followed when Floyd died, local and state authorities have taken important security measures in place in what they call “Operation Safety Net.” The Hennepin County Government Center is surrounded by fences and barricades, and the building will be vacant except for those participating in Chauvin’s trial and approved personnel.

“Residents should expect a gradual increase in law enforcement and National Guard presence as the trial progresses,” Minneapolis Mayor Jacob Frey said Thursday.

Plus, Covid-19’s precautions have reshuffled the inside of the court.

Everyone attending the trial must distance themselves from others and wear a mask, although witnesses and attorneys are allowed to remove their masks during witness statements and other court statements. Plexiglass has also been applied around the courtroom.

Due to limited space, only one member of Floyd and Chauvin’s family can attend the trial each day. Despite all the global ramifications of the case, this remains at its core a deeply personal tragedy for the Floyd family.

“We need justice because the things my family is going through, no one else in life will experience,” Floyd’s brother, Philonese Floyd, told CNN earlier this month. “We are now torn and broken down.”

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