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Tuesday, April 13, 2021

‘Consider Your Eyes,’ Prosecutor Tells Jury on First Day of Derek Chauvin Trial

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MINNEAPOLIS — For almost a yr, the nation’s understanding of George Floyd’s dying has come largely from a grotesque video of a white Minneapolis police officer kneeling on Mr. Floyd’s neck for greater than 9 minutes. It has grow to be, for a lot of, a painful encapsulation of racism in policing.

However because the homicide trial of the officer, Derek Chauvin, opened on Monday, his lawyer tried to persuade jurors that there was extra to learn about Mr. Floyd’s dying than the stark video.

The case was about Mr. Floyd’s drug use, the lawyer, Eric J. Nelson, argued. It was about Mr. Floyd’s measurement, his resistance of cops and his weakened coronary heart, the lawyer stated. It was about an more and more agitated crowd that gathered at an intersection in South Minneapolis, which he stated diverted Mr. Chauvin’s consideration from Mr. Floyd, who was Black. This, Mr. Nelson asserted, was, partially, an overdose, not a police homicide.

Prosecutors, nevertheless, stated that the case was precisely what it appeared to be — and precisely what the video, with its graphic, indelible moments, had revealed.

“You’ll be able to imagine your eyes, that it’s murder,” Jerry W. Blackwell, one of many prosecutors, advised jurors in a gap assertion. “It’s homicide.”

The clashing approaches got here on the primary day of the trial in a killing that surprised the nation and set off months of protests over racism and police abuse around the globe. Mr. Floyd’s dying, on Could 25, additionally set off unrest that engulfed massive parts of Minneapolis, and a few residents fear that such scenes may play out once more, relying on how this trial ends.

Prosecutors started their case by enjoying for jurors the broadly considered bystander video, however the protection group urged them to look past it to different points, adopting a tactic that has been utilized in earlier police instances involving damning video proof.

It was used within the case of Rodney King, who was crushed by Los Angeles cops in 1991, and within the deadly taking pictures of Laquan McDonald by a Chicago police officer in 2014, with combined outcomes. The officers in Mr. King’s case, who had been seen on video kicking him and beating him with batons, had been acquitted on state fees however convicted on federal civil rights fees. Jason Van Dyke, an officer whose taking pictures of Mr. McDonald was captured on dashcam video, was convicted of second-degree homicide, probably the most critical cost that Mr. Chauvin is now going through.

“Derek Chauvin did precisely what he had been educated to do over the course of his 19-year profession,” Mr. Nelson advised jurors throughout a gap assertion from behind a plastic barrier, erected to forestall the unfold of Covid-19. “The usage of power will not be enticing, however it’s a essential element of policing.”

The prosecution stated it could current reams of proof that Mr. Chauvin violated coverage, his coaching and broadly accepted apply.

The video might be probably the most explosive proof within the trial, however medical proof — and the actual scientific causes for Mr. Floyd’s dying — additionally appeared more likely to play a central function, the legal professionals instructed on Monday.

An post-mortem report, launched shortly after Mr. Floyd’s dying, labeled the dying as a murder and located that the trigger was “cardiopulmonary arrest complicating legislation enforcement subdual, restraint and neck compression” — primarily, that Mr. Floyd’s coronary heart stopped as a result of his physique was disadvantaged of oxygen following obstructed blood movement, and that the bodily restraint by Mr. Chauvin was a big issue. That post-mortem, by Dr. Andrew Baker, the Hennepin County health worker, additionally discovered that Mr. Floyd had fentanyl and methamphetamine in his system.

Prosecutors stated they’d current seven extra medical specialists to indicate that the reason for dying was asphyxia, and that asphyxiation is tough to detect. Pathologists employed by the Floyd household have attributed the dying to asphyxia.

Asphyxia would pin the blame extra definitively on Mr. Chauvin, whereas cardiopulmonary arrest may very well be attributable to many components. The protection argued that Mr. Floyd had died of hypertension, coronary heart illness, drug ingestion and “the adrenaline flowing by way of his physique.”

Mr. Blackwell stated Mr. Floyd’s conduct was not according to that of people that die of an opioid overdose, who he stated fall unconscious. As Mr. Chauvin pinned him to the bottom for 9 minutes and 29 seconds, Mr. Floyd had cried out that he couldn’t breathe, at one level calling for his mom.

“They’re not screaming for his or her lives,” Mr. Blackwell stated of somebody experiencing an overdose. “They’re not calling on their moms. They don’t seem to be begging: ‘Please, please. I can’t breathe.’”

He continued: “Crucial numbers you’ll hear on this trial are 9, two, 9. What occurred in these 9 minutes and 29 seconds when Mr. Derek Chauvin was making use of this extra power to the physique of Mr. George Floyd.”

Mr. Nelson, the protection lawyer, sought to downplay the importance that many individuals had drawn from the video.

“There isn’t a political or social trigger on this courtroom,” he stated. “However the proof is much larger than 9 minutes, 29 seconds.”

There are greater than 50,000 items of proof, Mr. Nelson stated, and the authorities interviewed greater than 200 civilian witnesses for the case.

Amongst three witnesses whom prosecutors known as to testify on Monday was a 911 dispatcher who noticed the arrest on a surveillance video feed and known as a police supervisor as a result of she was involved. The dispatcher, Jena Scurry, stated the police had been restraining Mr. Floyd for therefore lengthy that she requested somebody if the video footage “had frozen.”

For his half, Mr. Nelson targeted on Mr. Floyd’s actions on the night of his dying. Mr. Floyd had been accused of utilizing a pretend $20 invoice to purchase cigarettes from Cup Meals, a comfort retailer, which led a clerk to name the police. Mr. Floyd had taken tablets that contained methamphetamine and fentanyl, Mr. Nelson stated. He fell asleep in his automotive. He then struggled with cops, Mr. Nelson stated.

As soon as the officers acquired Mr. Floyd to the bottom, Mr. Nelson asserted, he was nonetheless resisting. Mr. Floyd was ultimately subdued, Mr. Nelson stated, however he appeared to dispute one of many central parts that has seemed to be proven within the video — that Mr. Chauvin was kneeling on Mr. Floyd’s neck.

“Mr. Chauvin used his knee to pin Mr. Floyd’s left shoulder blade and again to the bottom and his proper knee to pin Mr. Floyd’s left arm to the bottom,” he stated.

And as he was restraining Mr. Floyd, Mr. Chauvin and the three different officers on the scene grew cautious of the gang rising round them, and perceived a risk, Mr. Nelson stated. All 4 officers had been fired by the Police Division shortly after Mr. Floyd’s dying, and the opposite three face fees of aiding and abetting second-degree homicide.

“There’s extra to the scene than simply what the officers see in entrance of them,” he stated. “There are folks behind them. There are folks throughout the road. There are vehicles stopping, folks yelling.”

The chaotic environment prompted “the officers to divert their consideration from the care of Mr. Floyd to the risk that was rising in entrance of them,” Mr. Nelson continued, suggesting that these dynamics performed a consider how his consumer handled Mr. Floyd.

Because the trial started in Hennepin County District Court docket on Monday, a nervous vitality pervaded downtown Minneapolis, the place a number of authorities buildings, together with the courthouse, had been encased with concrete slabs and steel fencing. A helicopter whirred overhead for a lot of the sunny, windswept day.

Reporters gathered on a garden simply south of the courthouse, the place members of Mr. Floyd’s household and their legal professionals held a information convention earlier than the trial began.

“They are saying belief the system,” stated Terrence Floyd, one in every of Mr. Floyd’s brothers. “Effectively, that is your likelihood to indicate us we are able to belief you.”

Many supporters of the Floyd household stated that they had seen earlier instances by which video proof was not sufficient to safe a conviction in opposition to the police. Regulation enforcement officers have just lately killed about 1,000 folks a yr, specialists say, however fewer than 200 officers have been charged over the previous 15 years; fewer than 50 have been convicted.

“Allow us to be clear that it isn’t simply Chauvin on trial,” stated the Rev. Al Sharpton, who has been working with the Floyd household. “America’ capability to cope with police accountability is on trial.”

John Eligon, Tim Arango and Shaila Dewan reported from Minneapolis, and Nicholas Bogel-Burroughs from New York.

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