04/26/2021
What’s Next in the George Floyds Trial?
https://www.npr.org/sections/trial-over-killing-of-george-floyd/2021/04/21/989465546/whats-next-in-the-trials-of-4-former-police-officers-over-george-floyds-murderof-4-former-police-officers-over-george-floyds-murder
While Officer Chauvin has now been found guilty to all three charges and awaits his sentencing to be held in June, as a criminal defense attorney, I cannot help but consider the strategy used by the defense. While Chauvin may be universally understood as “guilty” the job of his lawyer is still to provide zealous and effective representation. One interesting aspect of the trial was the defense lawyer's very curious decision not to call the defendant as his own witness. While many defense lawyers are conservative in this regard, mindful of the lengthy and scathing cross-examination their client may endure, this case likely demanded word from the defendant. To have any chance of beating any of the counts against him, particularly the top count, a jury needed to hear the words "I am sorry, I never meant for this to happen" The jury needed to hear about the officer’s intent. Whether they would credit such an explanation is, of course, a far different story but to sit mute while an avalanche of evidence is presented against you (including a graphic video tape) it seemed foolhardy to rely on a defense that you did not cause the death, or that Mr. Floyd’s death was precipitated by underlying medical issues rather than caused by your knee being pinned to his neck. I do not pretend to know what they defense lawyers knew, and there may be a larger basis for their decisions, but to use a football analogy, when it is 4th down and 30 yards to go, you need to throw deep. The foregoing is said from the perspective of a strategist reviewing a trial, the verdict of the jury no doubt holds the defendant accountable for his unconscionable action.
Derek Chauvin is scheduled to be sentenced in June. Later this summer, his three fellow former officers are slated to go on trial on charges of aiding and abetting murder.
