NBC10, 4.15.2021 @ 7:15 PM
George Floyd Murder Trial / Derek Chauvin Trial Legal Commentary
The Defense Rests! Questions: The Strengths and Weaknesses of the Case, Upcoming Closings, Chauvin Not Testifying, Jury Waiting Until Monday for Closings
Anchor:
The defense rests, and now the murder trial of former Minneapolis police officer Derek Chauvin is in its final stages. Chauvin is the officer seen with his knee across George Floyd’s neck the day Floyd died. Today, the former officer told the judge that he would not testify. The prosecution’s lone rebuttal witness was a pulmonology expert who disputed testimony that carbon monoxide from the muffler of the car where George Floyd was pinned down could have played a role in his death.
Rebuttal Witness:
“It’s not possible, it’s simply wrong. It was at most two percent—at most two percent—which is normal, very normal.”
Anchor:
Court is now scheduled to reconvene at 9:00 AM Monday morning for closing arguments and jury instructions. Joining us tonight is defense attorney and NBC legal analyst, Enrique L1 Latoison. Enrique, thank you for being with us.
Enrique Latoison:
Thank you.
Anchor:
The defense wrapped up after two days of testimony compared to two weeks for the prosecution. Does that tell us anything about the strength of each side’s case here?
Enrique Latoison:
Well, the Commonwealth here had the burden to prove their case beyond a reasonable doubt. They kind of broke their case up into three parts. First, you had the testimony of witnesses—people who were there and saw what took place. Then, phase two was all the officers who testified, talking about department policies, training, things of that nature. And then they finished with the experts. That was their three-phase approach.
Now, the defense cross-examined every point from the Commonwealth. They did that throughout the trial, and when it was their turn, they moved straight to the experts. So, the trial ended up being shorter than anticipated—it was expected to be a month, but it’s been about three weeks now. But both sides knew what they were doing and stuck to their plan.
Anchor:
Derek Chauvin opted not to testify in his own defense. Will that help or hurt his case, in your opinion?
Enrique Latoison:
Everyone has the right to remain silent, and trial attorneys struggle with this—should the defendant testify or not? In this case, the defense was still able to get some of Chauvin’s testimony in through the body cam footage. The jury heard him say that he had to subdue Mr. Floyd and that Floyd was out of control.
There are two big charges here: manslaughter, which covers reckless behavior, and murder, which deals with malice and a depraved heart. I thought Chauvin’s testimony might have been needed to humanize himself and explain what he was doing, but ultimately, it’s his right to remain silent, and that’s what he chose.
Anchor:
Closing arguments are expected to begin Monday. Why not start closing arguments tomorrow, so the jury could have the weekend to deliberate?
Enrique Latoison:
The judge decided to take the weekend to finalize jury instructions. The prosecution, defense, and judge will have a charging conference to agree on the jury instructions. Also, the judge is planning to sequester the jury during deliberations, so he gave them the weekend and scheduled the closing arguments for Monday. After that, the jury will be sequestered.
Anchor:
What do you expect to see from each side during closing arguments?
Enrique Latoison:
I think the prosecution will stick to their strategy—they’ve been arguing that what the officer did was a substantial cause of George Floyd’s death. The defense has been using a scattershot approach, trying to argue that other factors, like drug use, contributed to Floyd’s death. I expect both sides to deliver very organized and passionate arguments on Monday.
Anchor:
It will definitely be an interesting week. Enrique L1 Latoison, thank you so much for your time today. We appreciate it.
Enrique Latoison:
Thank you.
Contact Enrique Latoison
(610) 999-1439