But in the next four weeks, the debate at the Chauvin trial within a Hennepin County, Minnesota, courtroom will shift to legal specifics. As exactly Floyd died, medically speaking? How aware was Chauvin that Floyd could die? What does “culpable negligence” really mean?
As the opening statements begin on Monday, the gap between the social issues at stake and the legal issues will be particularly wide, said CNN senior legal analyst Laura Coates.
“The ideas of excessive force in general, the ideas of police reform, the ideas of police responsibility, the ideas of systemic injustice, the ideas of treating black victims at the hands of white defendants – all of these will be addressed and it could be the elephants in the room, but in court none of this can overshadow the burden of government proof in this particular trial, “said Coates.
“Derek Chauvin is the defendant. Not the American justice system. Not all policemen.”
For the first time in Minnesota, the trial will be broadcast live in its entirety to accommodate Covid-19’s attendance restrictions, giving the public a rare insight into the most important case of the Black Lives Matter era.
Now, eight years later, the return to a televised court may offer a testament to how much has changed since then – and how much the American justice system is able to adjust to changes outside the court walls.
How two lives collided
Chauvin and another police officer arrived at the scene and struggled to get Floyd into the vehicle, the complaint said. Chauvin allegedly pulled Floyd onto the floor face down and put his knee on Floyd’s neck and head. His knee remained there even when Floyd pleaded, “I can’t breathe”, said “I’m about to die” and finally stopped breathing, says the complaint. He was pronounced dead in a hospital shortly afterwards.
The final moments of Floyd’s life, captured on video by shocked and angry viewers, illustrate in clear images what black Americans have long said about the ways in which the criminal justice system dehumanizes blacks.
His death sparked massive protests under the Black Lives Matter flag in cities across the country, as well as incidents of looting and unrest.
What the trial will focus on
However, the trial will not debate Floyd’s symbolism or the merits of Black Lives Matter. Instead, he will focus mainly on two things: the cause of death and Chauvin’s intention.
Chauvin’s defense lawyers argued that these other conditions were the real cause of death.
To get a guilty verdict, prosecutors need to prove, beyond any reasonable doubt, that Chauvin caused Floyd’s death. Therefore, a number of forensic pathologists are expected to position themselves to debate this issue, including a likely controversial interrogation by Dr. Baker.
The three charges differ mainly in the way they interpret Chauvin’s intent and mindset during imprisonment.
Combined, the charges give jurors three different ways to decide how responsible Chauvin is for Floyd’s death – if applicable – and how well he understood the risk for Floyd.
The defense has not indicated whether Chauvin will testify in his own defense. But, given the importance of his mentality to the charges, he can do this to try to explain his behavior and win the sympathy of the jurors.
“He will almost certainly take a stand and say, ‘We had no idea that this guy could die. We were just trying to keep him under control until the doctors got there,'” said Richard Frase, professor of criminal law at the University of Escola Minnesota law firm.
“He doesn’t need to convince the world that he is innocent,” said Coates. “He has to plant a seed of reasonable doubt in the mind of a judge.”
Six men and nine women were chosen to sit on the jury, and in the end, 12 of them will decide Chauvin’s fate.
The charges must be considered separate, so Chauvin can be convicted of all, some or none. If convicted, Chauvin faces up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder and up to 10 years for wrongful death in second degree.
Other accused police officers will not testify
Thomas Lane, J. Alexander Kueng and Tou Thao, all former Minneapolis Police officers, were also at the scene with Chauvin and are accused of assisting and encouraging second-degree murder and assisting and complicating second-degree manslaughter.
They pleaded not guilty and their joint trial will be held this summer. They must not testify at Chauvin’s trial.
Given the turmoil and looting that followed when Floyd died, local and state officials took important security measures for the trial in what they are calling the “Operation Safety Net”. The Hennepin County Government Center is surrounded by fences and barricades, and the building will be empty, except for the participants in the Chauvin trial and the approved team.
“Residents should expect a gradual increase in law enforcement and the presence of the National Guard as we move through the trial,” said Minneapolis Mayor Jacob Frey on Thursday.
In addition, Covid-19’s precautions reorganized the interior of the court.
All who attend the trial must distance themselves from others and wear masks, although witnesses and lawyers can remove their masks during depositions and other court statements. Plexiglass was also installed around the court.
“We need justice because of the things that my family is going through, no one else will go through in life,” Floyd’s brother Philonese Floyd told CNN earlier this month. “We are torn and destroyed now.”