Defense expert: Chauvin was “justified” in the actions he took with Mr. Floyd

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The State rested its case on day 12 attempting to prove its case beyond a reasonable doubt. The defense will only take three days and will attempt to convince the jury there is reasonable doubt.

Dr. Jonathan Rich, a Chicago-based cardiologist, testified on Monday that George Floyd’s heart was deprived of oxygen because of how he was restrained by Derek Chauvin.

CHAUVIN WAS JUSTIFIED, EXPERT SAYS

A national use-of-force expert testified on Monday. He said Chauvin “was justified” in the actions he took with Mr. Floyd.

The expert, Barry Brodd testified that Derek Chauvin did not use deadly force on George Floyd. He also testified officers are trained that when they get resistance from a suspect, it’s safer for the officer and the suspect to put them in a prone position facedown due to reduced mobility to harm officers or self.

“If the officer is justified in using the prone control, the maintaining of the prone control is not a use of force. It’s a control technique,” he testified.

“It doesn’t hurt.”

Additionally, he added that given the amount of resistance from George Floyd the officers would have been justified using even higher force than a prone hold.

His actions and met objectively reasonable standards.

“I felt that Derek Chauvin was justified, was acting with objective reasonableness, following Minneapolis Police Department policy and current standards of law enforcement,” Barry Brodd, a former police officer, testified.

Some legal observers believe the prosecutor effectively dismantled his testimony by getting him to admit what Chauvin did wasn’t even use of force and it wasn’t in line with department policy. Brodd agreed an officer would follow policy.

However, that doesn’t mean what Chauvin did was criminal. The jury will have to decide the issue.

The defense attorney rebutted many of the points.

CLOSING ON MONDAY

Judge Peter Cahill says closing arguments for Derek Chauvin’s murder trial are expected to happen on Monday, April 19.

The judge denied a request on Monday to sequester the jury after unrest escalated in Minneapolis following the fatal police shooting of Daunte Wright.

Hennepin County Chief Medical Examiner Dr. Andrew Baker told the court on Friday that while Floyd’s health and drug use may have contributed to his death, it was police officers’ actions that were the direct cause.

THE CHARGES

This information comes from Legal Insurrection.

609.19. Murder in the second degree.

609.223 Assault in the third degree.

609.205. Manslaughter in the second degree.

609.195. Murder in the third degree.

A more substantive discussion of those criminal charges can be found here, Chauvin Pre-Trial Day 1: 3d Degree Murder Throws Wrench Into Jury Selection Process, with additional discussion of the recently modified 3rd degree murder law of Minnesota discussed here, Chauvin Pre-trial Day 4 Midday: 3rd Degree Murder Reinstated, Sixth Juror Seated.

Here are the standardized jury instructions (CRIMJIG) relevant to the criminal charges in this case:

11.24 Murder in the Second Degree—Defined

11.25 Murder in the Second Degree—Elements

11.28 Murder in the Second Degree–While Committing a Felony–Defined

11.37 Murder in the Second Third Degree–Depraved Mind—Defined

11.38 Murder in the Second Third Degree–Depraved Mind–Elements

11.55 Manslaughter in the Second Degree—Defined

11.56 Manslaughter in the Second Degree—Elements

13.01 Assault–Intent to Cause Fear

13.02 Assault–Infliction of Bodily Harm

13.15 Assault in the Third Degree–Substantial Bodily Harm—Defined

13.16 Assault in the Third Degree–Substantial Bodily Harm–Elements

13.30 Assault in the Fourth Degree — On Firefighter, Emergency Medical Service Provider, School Official, Etc. — Elements

13.31 Assault in the Fifth Degree–Intent to Cause Fear or Inflict Bodily Harm–Defined


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