The video showing a former Minneapolis police officer pressing his knee to the neck of George Floyd could be a damning piece of evidence in the murder trial, but defence lawyers have options to defend their client, legal experts say.
The video showing a former Minneapolis police officer pressing his knee to the neck of George Floyd could be a damning piece of evidence in the murder trial, but defence lawyers have options to defend their client, legal experts say.
Mike Hatch, who was attorney general for Minnesota from 1999 to 2007, believes that the video evidence, showing Derek Chauvin pressing his knee on Floyd’s neck for nearly nine minutes, may be all the prosecution needs to seal the former police officer’s legal fate.
“I think all you have to do is show the tape and that pretty much does it,” said Mike Hatch, who was attorney general for Minnesota from 1999 to 2007.
Keith Ellison, the state’s current attorney general, cautioned that the case won’t necessarily be so simple for the prosecution and that it’s very difficult to convict police officers. In an interview with CNN, he said jurors generally tend to resolve doubts in favour of the police where there’s a credibility dispute.
Rose Briscoe, a criminal defence lawyer who practises in three states, including Minnesota, said in this particular case, she doesn’t believe Chauvin can use the defence often employed by police, that force or deadly force was used because they reasonably thought their life was in jeopardy.
“Mr. Floyd was on the ground with his hands behind his back and he had the weight of not just one officer, but more than one officer on him.”
Still, the case against Chauvin could hinge on causation and the role any pre-existing medical condition may have played in Floyd’s death, some legal analysts suggested.
“So if [the jury] believe that the underlying medical conditions is what ultimately led to his death, he’s going to get acquitted of the second degree,” said Christa Groshek, a criminal defence lawyer in Minneapolis.
Chauvin, whose caught-on-video treatment of the handcuffed Floyd spurred worldwide protests, has been charged with unintentional second-degree murder. His charges were recently upgraded from third-degree murder.
Meanwhile, the three other officers on the scene on May 25 have been charged with aiding and abetting a murder. All four officers were fired from the force last week.
A second-degree murder conviction in Minnesota carries a maximum sentence of 40 years. The charges of aiding and abetting a second-degree murder carry the same potential sentence.
‘Evidence is very damning’
“I would not want to be a defence attorney in this case,” said Briscoe. “I absolutely would not. The evidence is very damning for the defence.”
For prosecutors to secure a conviction against Chauvin, they must prove that he caused the death of Floyd while committing or attempting to commit a felony, Briscoe said. However, they don’t have to prove he intended to kill him.
“The argument could be made that