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The jury needs to hear from him, that's the bottom line."įriedberg said Chauvin's testimony could also further the defense's argument that he placed his knee on Floyd's shoulder. "I don't think he has any choice but to testify," said Padden, who believes a conviction is more likely on third-degree murder than second-degree murder. Nelson told jurors Floyd was resisting arrest so forcibly that it rocked a parked police squad back and forth, and that Chauvin followed his training amid a threatening crowd.ĭefense attorney Mike Padden said Chauvin needs to testify to explain the reasoning behind his actions and to apologize, which could help negate the "depraved mind" element needed to convict him on third-degree murder. Nelson has argued that Floyd likely died of a drug overdose complicated by pre-existing health issues, including heart disease. Richard Zimmerman, the department's head of homicide, supported the state's claims. Testimony from several Minneapolis police leaders, including Chief Medaria Arradondo and Lt. Prosecutors have argued that Chauvin used excessive force and an unsanctioned maneuver when he knelt on Floyd. "So it will be a good thing, but I know that's not going to happen." " … He won't be able to handle what's thrown at him, because how can you explain that you had your knee on a man's neck for nine minutes? How can you explain that? There's no way to explain. In a recent interview, Floyd's brother, Philonise Floyd, and sister-in-law, Keeta Floyd, said they want to hear from Chauvin. The risk is so immense for him to testify." In cross-examination he'll just get beat up. " take him through every single second of that video and have him testify. "Chauvin doesn't come across as a character that you want to root for because of the video," said Joseph Daly, emeritus professor at Mitchell Hamline School of Law. Pleas for mercy from several horrified bystanders, including children and an off-duty Minneapolis firefighter, were also captured in the video.
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Other attorneys and legal scholars said there's little Chauvin can say to overcome a bystander's graphic video showing him kneeling on Floyd's neck for more than nine minutes as he pleaded for his life and repeatedly said he couldn't breathe.
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Related Read full coverage of the Derek Chauvin trial All four defendants, who were fired, are out on bond. 23 on charges of aiding and abetting second-degree murder and manslaughter.
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Alexander Kueng, Thomas Lane and Tou Thao - are scheduled to be tried Aug. Three other former officers who were at the scene of Floyd's May 25 arrest - J. Nelson has not said whether his client will testify.Ĭhauvin faces charges of second-degree murder, third-degree murder and second-degree manslaughter. Chauvin's attorney, Eric Nelson, is expected to begin calling witnesses for a few days of testimony before jurors begin deliberations. The issue is likely to arise soon as prosecutors cap off two weeks of testimony in their case early in the week. "You've got to remember that this is a case that really centers on Chauvin's state of mind, and the best person to tell us about that would be Chauvin, so you might really be forced to put him on in this case," said veteran defense attorney Joe Friedberg. Constitution, defendants have a right to refrain from testifying without penalty, but some local attorneys said there are compelling reasons for Chauvin to get on the witness stand. As former Minneapolis police officer Derek Chauvin's defense presents its case this week against charges that he murdered George Floyd, a question looms over his trial: Will Chauvin testify in his own defense?
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