What you need to know about the trial of Derek Chauvin, former officer charged in death of George Floyd - Action News
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What you need to know about the trial of Derek Chauvin, former officer charged in death of George Floyd

Opening statements begin Mondayin the trial of a former Minneapolis police officer charged in the death of George Floyd, a Black man whose deathlast May sparked a series ofprotests around the world against police brutality and racial injustice.

Trial in Minneapolis, where Floyd was killed last May, could last 2 to 4 weeks

Opening statements begin Monday in the trial of former Minneapolis police officerDerek Chauvin. He is charged in the death of George Floyd, a Black man whose arrest, captured on video last May, and subsequent death sparked a series ofprotests around the world against police brutality and racial injustice. (Court TV/Associated Press)

Opening statements begin Mondayin the trial of a former Minneapolis police officer charged in the death of George Floyd, a Black man whose deathlast May sparked a series ofprotests around the world against police brutality and racial injustice.

Derek Chauvin, a 45-year-old white man,was recorded on video pressinghis knee on Floyd's neck for around nine minutes on May 25, 2020, while the 46-year old was handcuffed on the ground, pleading he couldn't breathe. Chauvin was later fired from the police force.

Three other officers who were at the scene that day and were also subsequently fired will stand trial together in August.

Chauvin's trial, being held at the Hennepin County Government Center in downtown Minneapolis,technicallybegan weeks ago with jury selection. But interest and media focusareexpected to be intense on Monday,with the court hearing opening statements from the prosecution and defence, a process thatcould last more than one day.

In case the trial attracts protests, the state has allocated $36 million US forsecurity around the courthouse and has activated the Minnesota National Guard.

WATCH | The charges against former police officer Derek Chauvin:

What could happen at Derek Chauvins murder trial

4 years ago
Duration 1:58
As the murder trial of Derek Chauvin gets underway, for the killing of George Floyd in Minneapolis, we take a close look at the three charges Chauvin faces, the burdens of proof, and what could sway the jury.

The trial, presided over byHennepin County District Court Judge Peter Cahill,will belivestreamed for broadcast on the Court TV website andsome TV channels a first for Minnesota. It could last anywhere fromtwo to four weeks.

Here'swhat else you need to know about the trial:

What are the charges against Chauvin?

Chauvinfaces two murder charges:second-degree unintentional murder and third-degree murder. Minnesota state law differentiates between intentional and unintentional second-degree murder.

The second-degree murder charge is punishable by up to 40 years in prison. Third-degree murder carries a 25-year maximum sentence. Chauvin is also charged with the lesser offence of second-degree manslaughter, which carriesamaximum of 10 years behind bars if convicted.

Wasn't the third-degree murder charge dismissed?

Chauvin was initially chargedwith third-degree murder,but Cahill dismissed it months later because, he argued, theprosecution would have to prove that Chauvin's actions were "eminently dangerous to other persons." Since Floyd was the only person who could have been endangered, Cahilldismissed the charge.

However, the Minnesota Court of Appeals said Cahillshould reconsider the prosecution's motion to reinstate the charge following an appeals court ruling of the case of Minneapolis police officer Mohamed Noor. Noor had beenfound guilty of third-degree murder in the death of Justine Ruszczyk Damond, a 40-year-old dual citizen of the U.S. and Australia.

Cahilllater reinstated the charge.

Matthew Frank, the assistant Minnesota attorney general, will leading the prosecution against Chauvin. (Court TV/Associated Press)

Who is prosecuting the case?

While MinnesotaAttorney General Keith Ellisonis expected tobe in court, Assistant Attorney General Matthew Frank is leading the prosecution. Frank oversees the criminal division of the state's Attorney General's Office. Theexperienced attorneyrecently won a guilty plea in the case of Lois Riess,a Minnesota woman who got life in prison without parole for killing her husband in 2018.

Who is defending Chauvin?

Eric J. Nelson, Chauvin's lead defence counsel, is a Minneapoliscriminaldefencelawyerwho has worked on other murder cases.He helped win an acquittal for a Minnesota man who was charged with fatally shooting his unarmed neighbour in 2017, The Associated Press reported.

Nelson also representedAmy Senser, the wife of former Minnesota Vikings tight end Joe Senser,who was convicted in the 2011 hit-and-run death of a Minneapolis chef. Nelson argued sheshould be sentenced to probation, but a judge gave her 41 months in prison.

Defense attorney Eric Nelson is representing Chauvin. (Court TV/Associated Press)

Who will be in the courtroom?

Hennepin County District CourtJudge Peter Cahill will preside over the trial. Cahillhas been a judge since 2007and has a reputation as beingno-nonsense, fair, decisive and direct, The Associated Press reported.

COVID-19 has forced limits onthe number of people inside the courtroom. Along withCahill, the jury and Chauvin, up to four members from each of the prosecution and defenceteams will be allowed inside. A court reporter and two members from the media are also included.

Hennepin County Judge PeterCahill is presiding over the Chauvin trial. (Court TV/Associated Press)

What do we know about thejury?

The jury, including alternates, is consideredunusually diverse by local standardsand includes nine people who are white and six who are Black or multiracial. Nine are women and six are men.

Who are some potential witnesses?

Some of the witnesses expected to testify includeDarnella Frazier, the teenager who filmed the video;the country medical examiner;the Minneapolispolice chief; and some of Floyd's friends and family.

Minneapolis Police Chief Medaria Arradondo could be a witness at the trial. (Richard Tsong-Taatarii/Star Tribune/Associated Press)

What must the prosecution prove to getconvictions?

The prosecution will likely make significant use of the videotape showing Chauvinkneeling onFloyd's neck, arguing this was an unreasonable use of force that caused his death.

To get a conviction on the second-degree murder charge, prosecutors must prove that Chauvin caused Floyd's death while committing or attempting to commit a felony. In this case, they will argue that the knee to the neck is that felony.

However, inMinnesota, that deathcan be "intentional" or "unintentional," meaning the prosecution doesn't have to prove that Chauvinintended to kill Floyd.

For the third-degree murder charge, prosecutors would have to convince the jury thatFloyd's death was caused by an act that was obviouslydangerous, though not necessarily a felony.

The prosecution will likely argue that Chauvinkneeling onFloyd's neck was an unreasonable use of force that caused his death. The defense is expected to counter that Chauvin used reasonable force to subdue Floyd, and that his death was a result of his underlying medical conditions and drugs found in his system. (Sylvia Thomson/CBC)

The manslaughter charge has a lower bar, requiring proof that Chauvin caused Floyd's death through negligence that created an unreasonable riskand consciously took the chance of causing severe injury or death.

What will beChauvin's defence?

Chauvin's legal team will likely argue that their clientused reasonable force to subdue Floyd.

Two autopsies were conducted on Floyd one by theHennepin County Medical Examiner's Office and another that was commissioned by Floyd's family. The county found that the cause of Floyd's death was "cardiopulmonary arrest complicating law enforcement subdual, restraintand neck compression."

The family's autopsy ruled Floyd died of"asphyxiation from sustained pressure."

But the defencewilllikely zero in on other findings of the autopsy. The medical examiner foundFloyd had underlying health conditions and that drugs, including fentanyl, were found in his system.

In court documents, Nelson has argued thatFloyd most likely died of "fentanyl or a combination of fentanyl and methamphetamine in concert with his underlying health conditions."

With files from The Associated Press