Derek Chauvin-ism
Opening arguments and witness testimony began this week in the trial of Derek Chauvin, a former Minneapolis police officer charged with second-degree murder, third-degree murder, and manslaughter after pinning his knee on 46-year-old George Floyd's neck for nine minutes last spring.
The trial has garnered national and international attention; however, African Americans—with the greatest stake in its outcome—have little confidence that Chauvin will be found guilty because police officers who have shot black Americans seldom face serious consequences.
During pre-trial hearings, Chauvin’s defense attorney, Eric Nelson, submitted motions to protect the interests of his client and to cast doubt on the character of Floyd.
According to the LA Times, earlier this month, the defense asked Hennepin County Judge Peter Cahill to allow information about Floyd’s …“history of drug use and a previous arrest…”
“(Nelson) argued that new evidence makes the earlier arrest admissible: Drugs were found in December during a second search of the car Floyd was in, and were found in a January search of the squad car into which the four officers attempted to put Floyd.
“He also argued the similarities between the encounters are relevant: Both times, as officers drew their guns and struggled to get Floyd out of the car, he called out for his mother, claimed he had been shot before and cried, and put what appeared to be pills in his mouth. Both searches turned up drugs in the cars. Officers noticed a white residue outside his mouth both times, although that has not been explained.”
Judge Cahill ruled that “limited evidence” about the May 2019 arrest could be admitted. What that means we will see as the trial progresses.
Nelson also had requested a continuance because he believes that the recent $27 million settlement between the city of Minneapolis and the Floyd family would taint the jury pool.
“The fact that this came in the exact middle of jury selection, it’s perplexing to me,” Nelson said. “Whose idea was it to release this information?”
Despite the awful video footage of Floyd’s final moments, the yells of alarmed bystanders saying that Floyd was in serious distress, and the apparent lack of empathy from all officers on scene, I believe Chauvin will be found “not guilty” or guilty of second degree manslaughter.
Historically, interactions with police officers are most likely occur with persons with mental illness, the homeless, those with minor drug offenses, or young, black males; when these encounters turn deadly, police officers defend their actions by saying they felt threatened, even if no weapon was present.
Hence, jurors trust an officer’s judgment. Chauvin undoubtedly will benefit from this fact.
Day One: Donald Williams Testimony
Twitter was on fire with praise for Donald Wynn Williams II, 33, an entrepreneur, MMA fighter, and father. His testimony in the trial of ex-police officer Derek Chauvin has been described as “chilling,” “emotional,” and “unflappable.” I agree.
His description of the death of George Floyd on May 25, 2019 was straightforward, without hyperbole, and devoid of any anti-police bias.
Williams said that he knew that “something was not right” when he saw police cars parked near Cup Foods on 38th Street in Minneapolis, where he had been headed to buy a drink. “I said to myself, ‘we’re in the city; something must be going on. Should I get back in my car or not?’”
When he turned onto Chicago Avenue, he saw three people watching as police officers—Chauvin, J. Alexander Kueng, and Thomas Lane—subdued George Floyd. (Another officer, Tou Thao, controlled the crowd on scene.)
Williams, who had worked with police officers in a variety of security jobs, said that he took a minute to observe because his security training emphasizes assessing a situation before acting.
Minnesota Assistant Attorney General Matthew Frank, the lead prosecutor, spent several minutes establishing Williams’ expertise in wrestling and mixed martial arts; he has participated in amateur and professional competitions for both sports.
Eventually, Frank’s strategy was clear. He asked Williams to describe the difference between air chokes and blood chokes and to demonstrate the “shimmying” technique used to increase pressure on an opponent’s neck. With intense focus, Williams pointed out sections of the video that he believed showed Chauvin using this technique.
Williams clearly was affected by the insensitivity of the officers to Floyd’s pleas for air. When asked if he remembered anything that Officer Thao said, he gave a wry chuckle and stated “he did what American (sic) does, he blamed it on drugs (and) for (Floyd) being a black man on the ground.”
Protests, Prison Reform, Public Opinion
Former President Donald Trump’s pro-police, anti-protest rhetoric made him the perfect lightning rod for the frustration and anger of black Americans, which, in turn, energized national protests.
With him out of office (and out of sight for now), I believe that the public’s interest in criminal justice reforms, justice for victims of police shootings, and prison reform has waned.
Stories of men and women killed by police—at home, in custody, or walking or driving while black—are less likely to lead the nightly news or make the front pages.
Of course, advocacy organizations and community groups, including The Sentencing Project, the Equal Justice Initiative, and the Prison Policy Initiative, continue to work to reform (even eliminate) prisons, to change draconian sentencing laws, and to secure rights for ex-offenders.
However, favorable public support increases the likelihood that state and federal legislators are willing to reverse or to eliminate laws that have led to the incarceration of 2.1 million Americans, and disproportionately affected black Americans.
Black Americans await the outcome of the trial of ex-police officer Derek Chauvin charged with murder in the death of George Floyd—an incident that sparked protests around the world.
A not-guilty verdict might be the spark that re-ignites protests across this nation.