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tv   BBC News  BBC News  June 25, 2021 8:00pm-8:46pm BST

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is the right word. we have torture is the right word. we have all seen _ torture is the right word. we have all seen it — torture is the right word. we have all seen it. mr floyd did not want to be _ all seen it. mr floyd did not want to be in_ all seen it. mr floyd did not want to be in the — all seen it. mr floyd did not want to be in the back—seat. that is it. that _ to be in the back—seat. that is it. that is_ to be in the back—seat. that is it. that is the — to be in the back—seat. that is it. that is the rub. to be in the back-seat. that is it. that is the rub.— that is the rub. you are watching bbc world _ that is the rub. you are watching bbc world news. _ that is the rub. you are watching bbc world news. welcome - that is the rub. you are watching bbc world news. welcome to . that is the rub. you are watching | bbc world news. welcome to our that is the rub. you are watching - bbc world news. welcome to our pbs viewers in the us. you join us as we take live coverage of the sentencing in minneapolis. mr floyd was killed in may last year when chauvin? knelt on his neck for more than nine minutes. prosecutors have asked the court for a sentence of 30 years in prison. let's take you live to the court room in minneapolis is the live feed from inside the courtroom he has been paying tribute to those involved in the case. let's listen back in. he involved in the case. let's listen back in. , , ., , ., back in. he is trying to breathe. and then quickly _ back in. he is trying to breathe. and then quickly placed - back in. he is trying to breathe. and then quickly placed him - back in. he is trying to breathe. and then quickly placed him on| back in. he is trying to breathe. i and then quickly placed him on the ground face down and he pointed his left me on ms back facedown on the
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pavement and officer can sat on mr floyd's waste area and he pulled his feet down. you can even see mr floyd trying to put his feet up. everybody knows that fear when you all of a sudden realised you're having trouble breathing. if inmates. we want to survive. we know we have to breathe. as an automatic reaction when you begin to feel like that is threatened. and you can see mr floyd going through that. he tries to pull his feet up. but he is held down by the three officers while officer tyler is looking out and goes to keep the people who want to help her way. he is placed facedown on the pavement so harshly that it rubs the skin of his face. he had injuries to his face from being facedown on their pavement. he had injuries to his knuckles from trying to lift
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himself up. and he is telling officer derek chavin that he can't breathe. i am dying. and derek chavin's response was yes. and all this time can you imagine what george floyd is going through. really try to appreciate what he is going through. he knows he is suffocating. they don't know that feeling of not being able to breathe enough. he is begging and pleading and being ignored and his concerns are being dismissed by somebody who has taken custody but not care. he was kept in that prime position for nine and a half minutes. angela suffocated. there is no other way to say it. that's particularly cruel. that is more cruel than the typical second—degree unintentional murder. significantly more. this is not a
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momentary gunshot, a punch to the face, this is nine and a half minutes of cruelty to a man who was helpless and just begging for his life. this court found that there were children present standing only a few feet from these officers. these children who are ages 17 and one child age nine. why is that the aggravating factor? i think everybody can figure that out. it's particularly bad to commit a crime in front of children. we've heard a lot of academia about the development of the young brain and how long it can take them here we have got a couple of teenage girls, a nine—year—old girl, how are they going to process this? standing feet
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from and i'm being suffocated by police officers? such a stark site that one of the children even says, we have to call the police on the police. how do you process that is a nine—year—old? that children are now in present watching man die. we have all seen if you have not, you really need to look at george floyd's face as he is dying, he is suffering. the children have to watch this. but not on the back, the police officers and there are people around them wanting to help. at one point the medic got upset and one point derek chavin plaintiff mace, he grabs it to keep them back. how does a child look at that? as another officer screaming at them to get back. the typical
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second—degree unintentional murder does not involve children standing feet away watching nine mm —— man and a half minutes application of a man begging for his life. —— nine and a half minutes suffocation. this court also made a finding that the defendant committed the offence with the involvement of three or more other persons. they were involved directly in the restraint and one other kept the bystanders at bay. we've already talked a little bit about their role and holding mr george floyd down. they recognised that he was pulseless and george floyd was pulseless at 1.1 made no effort to take care of the person in their custody. officer towle watched
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most of the suffocation and went to vegas to keep people from getting help. one person who was identified as a medical trained firefighter for the city of minneapolis and that was dismissed like are you going to believe her? so they kept trained medical people from providing help. these were all uniformed police officers. adding to that abuse of trust and authority. your honour, i know the defence asked the court for probation. i'm not going to spend a lot of time arguing that. it is still outside of the realm of real possibility. this is a murder. i understand some of the arguments made on behalf of derek chavin. now, i cannot understand what his family members and friends are going
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through. i cannot. members and friends are going through. icannot. but members and friends are going through. i cannot. but excitingly not enough for a departure to probation for it second—degree murder. we believe that these four aggravating factors and the court has made sense anyjustify an upward departure because there are four of them not standing alone but in essence coming together to show this is not the typical second—degree murder. this is egregious. this justifies a double departure. from the top of the box which is 180 months, they are asking the court to do a double departure, recognising all for it to 360 months. as i mentioned, this is the time for victims. this is the time for the loved ones of the victim in the community to have a say. again, i
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command the family. i command all of the loved ones and friends and people that are involved in this case for tolerating and being gracious and none of these can bring george floyd back. that is very true. but this is the time where the criminaljustice system can save you here you this is the time for their criminaljustice system to say we recognise that this harm you are going through is real and while we cannot feel what you are feeling we know we can do and what your criminal justice system should do and recognise the severity of this crime and reflect that in the sentence to be given. it is time for the criminaljustice system to say we recognise this is more
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serious than a typical second—degree unintentional murder. for reasons the court found reflect that and get this court more than adequate basis to do that. your honour, we asked the court to impose a sentence of 360 months to the commissioner of corrections and as you know there are no findings in murder cases and he would ask that the court to reserve the issue of restitution and clarify that it is not —— family and present that to the court for 30 days. thank you your honour. anything further from the state? h0. anything further from the state? no, our anything further from the state? no, your honour- —
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thank you, your honour. at this time the defence's — thank you, your honour. at this time the defence's mother— thank you, your honour. at this time the defence's mother would - thank you, your honour. at this time the defence's mother would like - thank you, your honour. at this time the defence's mother would like to l the defence's mother would like to address— the defence's mother would like to address thethe defence's mother would like to address the court. _ the defence's mother would like to address the court. if— the defence's mother would like to address the court.— address the court. if you could state your _ address the court. if you could state your full _ address the court. if you could state your full name, - address the court. if you could| state your full name, spending address the court. if you could - state your full name, spending each of your— state your full name, spending each of your names and proceed when you are ready _ lam the i am the mother of derek chavin. i am i am the mother of derek chavin. am here to i am the mother of derek chavin. i am here to speak on behalf of of my entire _ am here to speak on behalf of of my entire familx — am here to speak on behalf of of my entire family. 0n _ am here to speak on behalf of of my entire family. on november- am here to speak on behalf of of my entire family. on november 25- am here to speak on behalf of of my| entire family. on november 25 2020 not on _ entire family. on november 25 2020 not on the _ entire family. on november 25 2020 not on the dead _ entire family. on november 25 2020 not on the dead derek— entire family. on november 25 2020 not on the dead derek chavin's - entire family. on november 25 2020 not on the dead derek chavin's life l not on the dead derek chavin's life changed _ not on the dead derek chavin's life changed forever, _ not on the dead derek chavin's life changed forever, but _ not on the dead derek chavin's life changed forever, but so _ not on the dead derek chavin's life changed forever, but so did - not on the dead derek chavin's life changed forever, but so did mine i not on the dead derek chavin's life i changed forever, but so did mine and my families — changed forever, but so did mine and my families. derek _ changed forever, but so did mine and my families. derek chavin _ changed forever, but so did mine and my families. derek chavin devoted i changed forever, but so did mine and my families. derek chavin devoted 19j my families. derek chavin devoted 19 years— my families. derek chavin devoted 19 years of— my families. derek chavin devoted 19 years of his _ my families. derek chavin devoted 19 years of his life — my families. derek chavin devoted 19 years of his life said _ my families. derek chavin devoted 19 years of his life said that _ years of his life said that minneapolis— years of his life said that minneapolis police - years of his life said that -
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minneapolis police department. it has been — minneapolis police department. it has been difficult _ minneapolis police department. it has been difficult for _ minneapolis police department. it has been difficult for me - minneapolis police department. it has been difficult for me to - minneapolis police department. it has been difficult for me to hear. has been difficult for me to hear and read — has been difficult for me to hear and read what _ has been difficult for me to hear and read what the _ has been difficult for me to hear and read what the media, - has been difficult for me to hearl and read what the media, public, has been difficult for me to hear- and read what the media, public, and prosecution _ and read what the media, public, and prosecution team _ and read what the media, public, and prosecution team they _ and read what the media, public, and prosecution team they leave - and read what the media, public, and prosecution team they leave derek i prosecution team they leave derek chavin _ prosecution team they leave derek chavin to _ prosecution team they leave derek chavin to he — prosecution team they leave derek chavin to he an _ prosecution team they leave derek chavin to be an aggressive, - chavin to be an aggressive, heartless, _ chavin to be an aggressive, heartless, and _ chavin to be an aggressive, heartless, and uncaring - chavin to be an aggressive, - heartless, and uncaring person. i can tell— heartless, and uncaring person. i can tell you — heartless, and uncaring person. i can tell you that _ heartless, and uncaring person. i can tell you that is _ heartless, and uncaring person. i can tell you that is far— heartless, and uncaring person. i can tell you that is far from - heartless, and uncaring person. i can tell you that is far from the l can tell you that is far from the truth — can tell you that is far from the truth my— can tell you that is far from the truth. my son's _ can tell you that is far from the truth. my son's identity - can tell you that is far from the truth. my son's identity has - can tell you that is far from thei truth. my son's identity has also been _ truth. my son's identity has also been reduced _ truth. my son's identity has also been reduced to _ truth. my son's identity has also been reduced to that _ truth. my son's identity has also been reduced to that as - truth. my son's identity has also been reduced to that as a - truth. my son's identity has alsoj been reduced to that as a racist. truth. my son's identity has also. been reduced to that as a racist. i want _ been reduced to that as a racist. i want this— been reduced to that as a racist. i want this court _ been reduced to that as a racist. i want this court to _ been reduced to that as a racist. i want this court to know— been reduced to that as a racist. i want this court to know that - been reduced to that as a racist. i want this court to know that none j been reduced to that as a racist. i. want this court to know that none of these _ want this court to know that none of these things — want this court to know that none of these things are _ want this court to know that none of these things are true. _ want this court to know that none of these things are true. and - want this court to know that none of these things are true. and that - want this court to know that none of these things are true. and that my. these things are true. and that my son is— these things are true. and that my son is a _ these things are true. and that my son is a good — these things are true. and that my son is a good man. _ these things are true. and that my son is a good man. derek- these things are true. and that my son is a good man. derek chavin . son is a good man. derek chavin always— son is a good man. derek chavin always dead _ son is a good man. derek chavin always dead -- _ son is a good man. derek chavin always dead —— dedicated - son is a good man. derek chavin always dead —— dedicated his- son is a good man. derek chavin| always dead —— dedicated his life and time — always dead —— dedicated his life and time to— always dead —— dedicated his life and time to police _ always dead —— dedicated his life and time to police department. always dead —— dedicated his life i and time to police department even on his— and time to police department even on his days — and time to police department even on his days off— and time to police department even on his days off he _ and time to police department even on his days off he would _ and time to police department even on his days off he would call- and time to police department even on his days off he would call in - and time to police department even on his days off he would call in to i on his days off he would call in to see if— on his days off he would call in to see if they— on his days off he would call in to see if they needed _ on his days off he would call in to see if they needed help. -
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on his days off he would call in to see if they needed help. derek. see if they needed help. derek chavin — see if they needed help. derek chavin is — see if they needed help. derek chavin is a _ see if they needed help. derek chavin is a quiet, _ see if they needed help. derek chavin is a quiet, thoughtful, i chavin is a quiet, thoughtful, honourable, _ chavin is a quiet, thoughtful, honourable, and _ chavin is a quiet, thoughtful, honourable, and selfless- chavin is a quiet, thoughtful, i honourable, and selfless man. chavin is a quiet, thoughtful, - honourable, and selfless man. he has a bi- honourable, and selfless man. he has a big heart— honourable, and selfless man. he has a big heart and— honourable, and selfless man. he has a big heart and he— honourable, and selfless man. he has a big heart and he always _ honourable, and selfless man. he has a big heart and he always puts- a big heart and he always puts others — a big heart and he always puts others before _ a big heart and he always puts others before his _ a big heart and he always puts others before his own. - a big heart and he always puts others before his own. the - a big heart and he always puts. others before his own. the public will never— others before his own. the public will never know— others before his own. the public will never know the _ others before his own. the public will never know the loving - others before his own. the public will never know the loving and i will never know the loving and caring — will never know the loving and caring man _ will never know the loving and caring man he _ will never know the loving and caring man he is. _ will never know the loving and caring man he is. but- will never know the loving and caring man he is. but his - will never know the loving and i caring man he is. but his family does _ caring man he is. but his family does even— caring man he is. but his family does. even though _ caring man he is. but his family does. even though i _ caring man he is. but his family does. even though i have - caring man he is. but his family does. even though i have not. caring man he is. but his family- does. even though i have not spoken publicly— does. even though i have not spoken publicly i_ does. even though i have not spoken publicly i have — does. even though i have not spoken publicly i have always _ does. even though i have not spoken publicly i have always supported - does. even though i have not spoken publicly i have always supported him | publicly i have always supported him 100% _ publicly i have always supported him 100% and _ publicly i have always supported him 100% and all— publicly i have always supported him 100% and all israel. _ publicly i have always supported him 100% and all israel. derek _ publicly i have always supported him 100% and all israel. derek has - 100% and all israel. derek has played — 100% and all israel. derek has played over— 100% and all israel. derek has played over and _ 100% and all israel. derek has played over and over- 100% and all israel. derek has played over and over in - 100% and all israel. derek has played over and over in his- 100% and all israel. derek has i played over and over in his head 100% and all israel. derek has - played over and over in his head the events— played over and over in his head the events of— played over and over in his head the events of that — played over and over in his head the events of that day. _ played over and over in his head the events of that day. i— played over and over in his head the events of that day. i have _ played over and over in his head the events of that day. i have seen - played over and over in his head the events of that day. i have seen the i events of that day. i have seen the toll it's _ events of that day. i have seen the toll it's taking _ events of that day. i have seen the toll it's taking on _ events of that day. i have seen the toll it's taking on him. _ events of that day. i have seen the toll it's taking on him. i— events of that day. i have seen the toll it's taking on him. i believe - events of that day. i have seen the toll it's taking on him. i believe a i toll it's taking on him. i believe a lengthy— toll it's taking on him. i believe a lengthy sentence _ toll it's taking on him. i believe a lengthy sentence will— toll it's taking on him. i believe a lengthy sentence will not - toll it's taking on him. i believe a lengthy sentence will not serve . lengthy sentence will not serve derek— lengthy sentence will not serve derek well _ lengthy sentence will not serve derek well. when _ lengthy sentence will not serve derek well. when you - lengthy sentence will not serve| derek well. when you sentence lengthy sentence will not serve - derek well. when you sentence my son
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he will _ derek well. when you sentence my son he will always _ derek well. when you sentence my son he will always -- — derek well. when you sentence my son he will always —— also— derek well. when you sentence my son he will always —— also be _ derek well. when you sentence my son he will always —— also be sentencing. he will always —— also be sentencing me. he will always —— also be sentencing me i_ he will always —— also be sentencing me~ iwill— he will always —— also be sentencing me i will not — he will always —— also be sentencing me. i will not be _ he will always —— also be sentencing me. i will not be able _ he will always —— also be sentencing me. i will not be able to— he will always —— also be sentencing me. i will not be able to see - he will always —— also be sentencing me. i will not be able to see derek, | me. i will not be able to see derek, talk to— me. i will not be able to see derek, talk to him — me. i will not be able to see derek, talk to him on— me. i will not be able to see derek, talk to him on the _ me. i will not be able to see derek, talk to him on the phone, _ me. i will not be able to see derek, talk to him on the phone, or- me. i will not be able to see derek, talk to him on the phone, or give i talk to him on the phone, or give him our— talk to him on the phone, or give him our special— talk to him on the phone, or give him our special hug. _ talk to him on the phone, or give him our special hug. plus - talk to him on the phone, or give him our special hug. plus the - talk to him on the phone, or give| him our special hug. plus the fact that when— him our special hug. plus the fact that when he _ him our special hug. plus the fact that when he is _ him our special hug. plus the fact that when he is released, - him our special hug. plus the fact that when he is released, his- him our special hug. plus the fact. that when he is released, his father and i_ that when he is released, his father and i most — that when he is released, his father and i most likely— that when he is released, his father and i most likely will— that when he is released, his father and i most likely will not _ that when he is released, his father and i most likely will not be - that when he is released, his father and i most likely will not be here. l my happiest moment is when i give birth to _ my happiest moment is when i give birth to you — my happiest moment is when i give birth to you. and _ my happiest moment is when i give birth to you. and my _ my happiest moment is when i give birth to you. and my second - my happiest moment is when i give birth to you. and my second is -
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my happiest moment is when i givel birth to you. and my second is when i birth to you. and my second is when i was _ birth to you. and my second is when i was honoured _ birth to you. and my second is when i was honoured to _ birth to you. and my second is when i was honoured to put _ birth to you. and my second is when i was honoured to put —— _ birth to you. and my second is when i was honoured to put —— pain- birth to you. and my second is when i was honoured to put —— pain near. i was honoured to put —— pain near police _ i was honoured to put —— pain near police badge — i was honoured to put —— pain near police badge on _ i was honoured to put —— pain near police badge on you. _ i was honoured to put —— pain near police badge on you. i— i was honoured to put —— pain near police badge on you. i remember. i was honoured to put —— pain near. police badge on you. i remember you whispering _ police badge on you. i remember you whispering to — police badge on you. i remember you whispering to me _ police badge on you. i remember you whispering to me don't— police badge on you. i remember you whispering to me don't stick- police badge on you. i remember you whispering to me don't stick me - police badge on you. i remember you whispering to me don't stick me with| whispering to me don't stick me with it. whispering to me don't stick me with it derek, _ whispering to me don't stick me with it derek, i_ whispering to me don't stick me with it derek, iwant— whispering to me don't stick me with it. derek, i want you _ whispering to me don't stick me with it. derek, i want you to— whispering to me don't stick me with it. derek, i want you to know, - whispering to me don't stick me with it. derek, i want you to know, i've i it. derek, i want you to know, i've always _ it. derek, i want you to know, i've always believed _ it. derek, i want you to know, i've always believed in _ it. derek, i want you to know, i've always believed in your— it. derek, i want you to know, i've always believed in your in - it. derek, i want you to know, i've always believed in your in and - it. derek, i want you to know, i've always believed in your in and i. always believed in your in and i will never— always believed in your in and i will never waver— always believed in your in and i will never waver from - always believed in your in and i will never waver from that. - always believed in your in and i will never waver from that. i. always believed in your in and i. will never waver from that. i have read _ will never waver from that. i have read numerous _ will never waver from that. i have read numerous letters _ will never waver from that. i have read numerous letters from - will never waver from that. i have i read numerous letters from people around _ read numerous letters from people around the — read numerous letters from people around the world _ read numerous letters from people around the world that _ read numerous letters from people around the world that also - read numerous letters from people around the world that also believe i around the world that also believe in your— around the world that also believe in your innocence. _ around the world that also believe in your innocence. no— around the world that also believe in your innocence. no matter- around the world that also believe i in your innocence. no matter where you go. _ in your innocence. no matter where you go. where — in your innocence. no matter where you go. where you _ in your innocence. no matter where you go. where you are, _ in your innocence. no matter where you go, where you are, i— in your innocence. no matter where you go, where you are, i will- in your innocence. no matter wherej you go, where you are, i will always be there _ you go, where you are, i will always be there to — you go, where you are, i will always be there to visit _ you go, where you are, i will always be there to visit you. _ you go, where you are, i will always be there to visit you. i _ you go, where you are, i will always be there to visit you. i promise - you go, where you are, i will always be there to visit you. i promise you i be there to visit you. i promise you iwill— be there to visit you. i promise you i will stay— be there to visit you. i promise you i will stay strong _ be there to visit you. i promise you i will stay strong as _ be there to visit you. i promise you i will stay strong as he _ be there to visit you. i promise you i will stay strong as he talked - i will stay strong as he talked about — i will stay strong as he talked about and _ i will stay strong as he talked about and i_ i will stay strong as he talked about and i want— i will stay strong as he talked about and i want you - i will stay strong as he talked about and i want you to - i will stay strong as he talked about and i want you to do. i will stay strong as he talkedl about and i want you to do the i will stay strong as he talked - about and i want you to do the same for me _ about and i want you to do the same for me i_ about and i want you to do the same for me iwill— about and i want you to do the same for me i will do _ about and i want you to do the same for me. i will do what _ about and i want you to do the same for me. i will do what you _ about and i want you to do the same for me. i will do what you told - about and i want you to do the same for me. i will do what you told me i for me. i will do what you told me to do _ for me. i will do what you told me to do take — for me. i will do what you told me to do. take care _ for me. i will do what you told me to do. take care of— for me. i will do what you told me to do. take care of myself. - for me. i will do what you told me to do. take care of myself. so- for me. i will do what you told me to do. take care of myself. sol. to do. take care of myself. so i
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will be — to do. take care of myself. so i will be here _ to do. take care of myself. so i will be here for— to do. take care of myself. so i will be here for you _ to do. take care of myself. so i will be here for you when - to do. take care of myself. so i will be here for you when you . to do. take care of myself. so i- will be here for you when you come home _ will be here for you when you come home. remember— will be here for you when you come home. rememberthere _ will be here for you when you come home. rememberthere is- will be here for you when you come home. rememberthere is no- will be here for you when you come i home. remember there is no stronger bond or— home. remember there is no stronger bond or love _ home. remember there is no stronger bond or love than _ home. remember there is no stronger bond or love than a _ home. remember there is no stronger bond or love than a mothers _ home. remember there is no stronger bond or love than a mothers love. - bond or love than a mothers love. one final— bond or love than a mothers love. one final thought— bond or love than a mothers love. one final thought i— bond or love than a mothers love. one final thought i want— bond or love than a mothers love. one final thought i want you - bond or love than a mothers love. one final thought i want you to i one final thought i want you to remember, _ one final thought i want you to remember, remember- one final thought i want you to remember, rememberyou- one final thought i want you to remember, rememberyou are| one final thought i want you to i remember, rememberyou are my favourite — remember, rememberyou are my favourite son~ _ remember, rememberyou are my favourite son. thank— remember, rememberyou are my favourite son. thank you - remember, rememberyou are my favourite son. thank you for- remember, rememberyou are my favourite son. thank you for youri favourite son. thank you for your time _ favourite son. thank you for your time will— .mr . mr nelson. thank you very much, your honour. my intent on my remarks will be quite brief. i do not intend to relitigate the facts of this case. now i stand any substantial time looking at the
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law. the court is very familiar with the facts of this case and the parties have fully briefed the court relevant to sentencing factors and he recognised that in any case, and thinking that comes before the court, the court is taxed with a difficultjob. the court must craft a sentence that serves the interest of justice, a sentence that serves the interest ofjustice, a rather nebulous term. the court must take into consideration that they can impact, public interest, as well as the circumstances and history of the defendant. in this case, more than any other, that task is exceedingly more difficult. in my remarks today, i wish to briefly address each of those three considerations. starting
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with the public impact. as i believe we are all cognizant of, this case is at the epicentre of a cultural and political divide. we try to keep and political divide. we try to keep a lot of that out of the court and make his case about the facts. but we recognise what has happened as a result of this case. there are a great number of people who will review any sentence you pronounce as overly lenient and insufficient to satisfy justice. overly lenient and insufficient to satisfyjustice. but there are an equal number of people who will view any sentence you pronounce as draconian or overbearing. either way, some percentage of the public will view your sentence as a miscarriage ofjustice. the intensity of the public interest in this case cannot be understated. i
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trust that their volume of correspondence that each of us has received from the public at large is indicative of these very sentiments. on both sides. as i was informed just yesterday, the attorney general�*s office established a website to accept community impact statements and a my understanding a little over two weeks they received over a thousand submissions. again, on both sides. by my very best estimate, since my representation of derek chavin began last summer, i would estimate that i have received over 5000 e—mails, over a thousand voicemails, and hundreds and hundreds of handwritten letters. again from both sides. and i expect that your honour has likewise been inundated with public comment and
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scrutiny. the impact that this case has had on this community is profound. it goes far beyond what happened on may 25 of last year. it has been at the forefront of our national consciousness and it has weaved its way into every, nearly every facet of our lives. from the entertainment that we consume to their presidential politics. from protests to conspiracy theories. in the end, it is my sincere hope that when this proverbial dust settles, the community impact brings forth principal debate. and several public discourse. and ultimately leaves a positive effect on the city of minneapolis, the state of minnesota, and the united states. but
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nevertheless, while this court may consider the community impact, it is for these very same reasons that the court must turn to the foundation of legal principles and remember that justice is blind. it is built on reason and common sense, and it cannot be permitted to be assailed by public opinion. turning to the second consideration which is the victim impact. the death of george floyd. the death of george floyd was tragic. he is loved by his family members, he is loved by his friends, and his death isjustifiably members, he is loved by his friends, and his death is justifiably —— mourned by those whose rights he impacted. he is a sign, a brother, a father, an uncle, and a friend to
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many. and as the court heard today, the impact and the loss of his life simply, it cannot be simplified. it will take time. finally in your honour, the court must take into considerationjust honour, the court must take into consideration just like it has to take into consideration the aggravating factor is it me 50 consideration to mitigating factors. to mitigating factors is set forth by the guidelines just to the analysis in this case. and with that being said when we look at the factors, who is derek chavin? derek chavin spent 19 years as a minneapolis police officer. he loved being a police officer. i was contacted during the course of my
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representation and have had numerous conversations with his fellow police officers that worked with derek chavin. and they told me that he was a solid police officer. that he did hisjob. that if a solid police officer. that he did his job. that if somebody asked him to do a particular task he never complained, he did it. one person told me that if i had asked him to dig a ditch for eight hours he would have picked up a shovel and never complained for a second. and would have done hisjob. he was complained for a second. and would have done his job. he was decorated as a police officer. multiple life—saving awards, he was decorated for valour and he was proud to be a police officer because what he likes to do is help people. in statistics show the vast majority of police work is helping people. he was proud
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to be a minneapolis police officer. he served his country of the united states and united states army. he too is a son, brother, father, a friend. he too, his life, the navy estimates, he is not coming into this a career criminal. six points, five points, four points. he is coming into this never having violated the law. because he needs an honourable life and he attempted to live an honourable life. derek chavin was not even scheduled to work on may 25, 2020. he volunteered because they list short staffing at the time. i am now from numerous
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conversations that i've had with derek that his brain is littered with what it is. what if ijust did not agree to go in that day? what if things had gone differently? what if i never responded to that call? what if, what if, what if. the truth of the matter is and the end result is we are here afterjury verdicts finding him guilty of these offences and the courts consideration should not only be focused on the aggravating factors but the mitigating factors as well. the minnesota sentencing guidelines commission was established for a reason. and yes, the court in circumstances like these has discretion to go beyond and aggravate a sentence beyond the presumptive sentence is established by the sentencing guidelines. the
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sentencing guidelines do not differentiate between second—degree murder is. someone robs a liquor store, a police officer is involved and a person dies in police custody. the law presumes, the legislature presumes that the sentencing guidelines as established is a sufficient penalty for all of this second—degree murder cases and from 2019 7 2010 a total of 90 second—degree murder cases and from 2019 ? 2010 a total of 90 people were sentenced for second—degree murder. those people were people who had a zero vertical history score, more than 90 people were sentenced. you are watching the sentencing life in minneapolis of derek chavin, the
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police officer found guilty of the murder of george floyd. we will continue coverage for all of our reviewers on bbc world and bbc means here in the uk but now we will say goodbye to our reviewers on pbs. 13�*s goodbye to our reviewers on pbs. 13% or 12 goodbye to our reviewers on pbs. 17536 or 12 individuals were granted mitigated departures. so if the legislature and the intent of the sentencing guidelines is to eliminate thing sentencing disparity, the law should presume that the guideline sentence is what is appropriate in this case. the judge me take into consideration at this point, those aggravating factors and you have to counterbalance them which is the goal of the law with the mitigating factors. i know that this has been an incredibly difficult case for
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that george floyd family to have to endure. the state of minnesota likewise prosecutors in this case have endured quite a bit. likewise prosecutors in this case have endured quite a hit. as has derek chavin's family. this is a case that has changed the world to some degree. and i hope it's positive. but it's my hope that the court follows sentencing guidelines and applies the law in a reasoned manner and imposes a just sentence. derek chavin, would you join mr nelson— derek chavin, would you join mr nelson at— derek chavin, would you join mr nelson at the lectern? derek chavin, this is— nelson at the lectern? derek chavin, this is your— nelson at the lectern? derek chavin, this is your opportunity if you wish to give _ this is your opportunity if you wish to give any— this is your opportunity if you wish to give any input to the courts and so i to give any input to the courts and so i turn _ to give any input to the courts and so i turn it— to give any input to the courts and so i turn it over to you and your attorney — so i turn it over to you and your attorney-— so i turn it over to you and your attorne . ., ,, ., ., �*
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attorney. thank you, your honour. at this time there _ attorney. thank you, your honour. at this time there are _ attorney. thank you, your honour. at this time there are some _ attorney. thank you, your honour. at this time there are some additional l this time there are some additional le-al this time there are some additional legal matters — this time there are some additional legal matters at _ this time there are some additional legal matters at hand, _ this time there are some additional legal matters at hand, i— this time there are some additional legal matters at hand, i am - this time there are some additional legal matters at hand, i am not- this time there are some additionall legal matters at hand, i am not able to give _ legal matters at hand, i am not able to give a _ legal matters at hand, i am not able to give a bold — legal matters at hand, i am not able to give a bold statement _ legal matters at hand, i am not able to give a bold statement at - legal matters at hand, i am not able to give a bold statement at this - to give a bold statement at this time _ to give a bold statement at this time but— to give a bold statement at this time but very— to give a bold statement at this time. but very briefly— to give a bold statement at this time. but very briefly i- to give a bold statement at this time. but very briefly i want - to give a bold statement at this time. but very briefly i want to| time. but very briefly i want to give _ time. but very briefly i want to give my— time. but very briefly i want to give my condolences _ time. but very briefly i want to give my condolences to - time. but very briefly i want to| give my condolences to george floyd's— give my condolences to george floyd's family~ _ give my condolences to george floyd's family. it _ give my condolences to george floyd's family. it is _ give my condolences to george floyd's family. it is going - give my condolences to george floyd's family. it is going to. give my condolences to george floyd's family. it is going to bej floyd's family. it is going to be some _ floyd's family. it is going to be some other— floyd's family. it is going to be some other information - floyd's family. it is going to be some other information in- floyd's family. it is going to be some other information in thei floyd's family. it is going to be - some other information in the future that would _ some other information in the future that would be — some other information in the future that would be of— some other information in the future that would be of interest _ some other information in the future that would be of interest and - some other information in the future that would be of interest and i- some other information in the future that would be of interest and i hopel that would be of interest and i hope things— that would be of interest and i hope things that — that would be of interest and i hope things that will _ that would be of interest and i hope things that will give _ that would be of interest and i hope things that will give you _ that would be of interest and i hope things that will give you some - that would be of interest and i hope| things that will give you some peace of mind _ things that will give you some peace of mind thank— things that will give you some peace of mind. thank you. _ things that will give you some peace of mind. thank you. find— things that will give you some peace of mind. thank you.— of mind. thank you. and i did read our of mind. thank you. and i did read your comments — of mind. thank you. and i did read your comments in _ of mind. thank you. and i did read your comments in the _ of mind. thank you. and i did read | your comments in the investigation as well _ your comments in the investigation as well we — your comments in the investigation as well. we are going to take a 50 minute _ as well. we are going to take a 50 minute recess so that we can complete _ minute recess so that we can complete the sentencing order based on what _ complete the sentencing order based on what i _ complete the sentencing order based on what i heard today and let's reconvene _ on what i heard today and let's reconvene at 2:45 p:m.. we are in recess. — reconvene at 2:45 p:m.. we are in recess. . ., ~ ., ,., , recess. the court in minneapolis auoin recess. the court in minneapolis going into _ recess. the court in minneapolis going into recess _ recess. the court in minneapolis going into recess for _ recess. the court in minneapolis going into recess for 15 - recess. the court in minneapolis going into recess for 15 minutes| recess. the court in minneapolis l going into recess for 15 minutes as we await the sentencing of derek
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chavin. the former police officer found guilty earlier this year of the murder of george floyd. that was the murder of george floyd. that was the first time we have heard publicly from derek chavin given the opportunity by thejudge publicly from derek chavin given the opportunity by the judge in this case to make some comments himself. he kept them very brief and he gave his condolences to the george floyd family and then said cryptically they will be for the information to come at a later date but suggest that he was not a pretty to reveal that he was not a pretty to reveal that information for the moment. we also heard at length from the prosecutors and the defence in this case and also most importantly from the family of george floyd who spoke at length about the devastating impact that this has had on them and how setting the for one of his brothers he said he is not able to sleep in his bed that he was a trucker before the murder of his brother and immediately is happening in his life and make changed his life ever and every day he said
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since then he has begged forjustice to be served. let us hear more now from george floyd's brother. one yearago, one year ago, may 25 my brother george was murdered by derek shoving in broad daylight with the need to his neck for nine minutes and 20 seconds. i was a trucker and immediately my life changed forever. i began to speak to the world for george from the united nations, africa, canada, japan and so many other countries. every day i have begged for justice to other countries. every day i have begged forjustice to be served, reliving the execution of george
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while others begged and pleaded for officer chauvin to simplyjust allowed george to take a breath. i haven't had a real night sleep because of the nightmares i constantly have hearing my brother beg and plead for his life over and over again. beg and plead for his life over and overagain. even beg and plead for his life over and over again. even saying they're going to kill me, please officer, screaming for our mom. i have had to sit through each day of officer derek chauvin trial and watch the video of george for hours over and over again. video of george for hours over and overagain. foran video of george for hours over and over again. for an entire year i had to relive george being tortured to death every hour of the day only taking naps and not knowing what a good night sleep is anymore. i've been lifting my voice tirelessly every day so that george's death will not be in vain. honourable
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judge peter cahill, i thank you for allowing me to share this today. george's life mattered. so my family and i most of all my niece gianna. my and i most of all my niece gianna. my niece gianna, she needs closure. i'm asking that you please find it soon to give officer chauvin the maximum sentence possible charge that he has been found guilty for. my that he has been found guilty for. my family and i have given licence, we will never be able to get george back. that is our daughter's first love. he will never be able to walk gianna down the aisle at her wedding, attend those magical moments of her life like a daddy daughter dance, sweet 16 party, seeing her out for prom, graduations. and she will never be
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able to have any personal memories with her father. able to have any personal memories with herfather. with a able to have any personal memories with her father. with a smirk on able to have any personal memories with herfather. with a smirk on his face officer chauvin used excessive force and acted against his training. chauvin had set no regard for human life, george's life. i stand before you today asking you to please help us find closure by given chauvin the maximum sentence possible. making sure he does his time consecutively without the possibilities of parole, probation or getting out early for good behavior. thank you.- or getting out early for good behavior. thank you. thank you, sir. philonise floyd _ behavior. thank you. thank you, sir. philonise floyd the _ behavior. thank you. thank you, sir. philonise floyd the brother - behavior. thank you. thank you, sir. philonise floyd the brother of - philonise floyd the brother of derek, george floyd given his reaction at the sentencing bear. a reminder the sentencing of derek chauvin is in recess for 15 minutes
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and we will return to that is soon as it does get back underway. let's hear from as it does get back underway. let's hearfrom his nephew who as it does get back underway. let's hear from his nephew who was asked for the maximum sentence on the behalf of his family. fin for the maximum sentence on the behalf of his family.— for the maximum sentence on the behalf of his family. on monday, may 25, 2020 behalf of his family. on monday, may 25. 2020 george _ behalf of his family. on monday, may 25, 2020 george floyd _ behalf of his family. on monday, may 25, 2020 george floyd junior- behalf of his family. on monday, may 25, 2020 george floyd junior was - 25, 2020 george floyd junior was murdered — 25, 2020 george floyd junior was murdered by derek chauvin. malicious and insidious display of hate and abuse _ and insidious display of hate and abuse of— and insidious display of hate and abuse of power. chauvin kill george. not only— abuse of power. chauvin kill george. not only did — abuse of power. chauvin kill george. not only did he kill george but he also displayed a total lack of consideration for human life as he did so _ consideration for human life as he did so you — consideration for human life as he did so. you start, as are and millions— did so. you start, as are and millions up— did so. you start, as are and millions up across the country and the globe — millions up across the country and the globe witnessed. a year and one month— the globe witnessed. a year and one month later i stand here before you tasks _ month later i stand here before you tasks with _ month later i stand here before you tasks with the duty of express how george's_ tasks with the duty of express how george's death has impacted me personally and the rest of our family — personally and the rest of our family as _ personally and the rest of our family. as i rack my brain and thought— family. as i rack my brain and thought about what i could say today i thought about what i could say today i came _ thought about what i could say today i came to _ thought about what i could say today i came to this conclusion, it is humanly— i came to this conclusion, it is humanly impossible for me to stand here and _ humanly impossible for me to stand here and convey or articulate the right— here and convey or articulate the right words that will capture all
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that we — right words that will capture all that we are feeling was up and what we have _ that we are feeling was up and what we have felt over this. so please bear— we have felt over this. so please bear with— we have felt over this. so please bear with me as i attempt the impossible. the murder of george is forever— impossible. the murder of george is forever traumatised us. you may see us cry— forever traumatised us. you may see us cry but— forever traumatised us. you may see us cry but the — forever traumatised us. you may see us cry but the full extent of our pain— us cry but the full extent of our pain and — us cry but the full extent of our pain and trauma will never be seen with the _ pain and trauma will never be seen with the naked eye. the heartbreak in her— with the naked eye. the heartbreak in her goes — with the naked eye. the heartbreak in her goes far beyond any number of tears _ in her goes far beyond any number of tears we _ in her goes far beyond any number of tears we could ever cry. words simply — tears we could ever cry. words simply cannot express the pain, anguish — simply cannot express the pain, anguish and suffering that our family— anguish and suffering that our family and friends have endured since _ family and friends have endured since george's murder. it is been truly— since george's murder. it is been truly unimaginable. but not as nearly— truly unimaginable. but not as nearly on— truly unimaginable. but not as nearly on imaginable as a defendants decision— nearly on imaginable as a defendants decision to _ nearly on imaginable as a defendants decision to take the life of a human being _ decision to take the life of a human being with — decision to take the life of a human being with no regard for the effect may have — being with no regard for the effect may have on others. although chauvin will be _ may have on others. although chauvin will be sentenced today and spend time in _ will be sentenced today and spend time in prison he will have the luxury— time in prison he will have the luxury of— time in prison he will have the luxury of seeing his family again, talking _ luxury of seeing his family again, talking to — luxury of seeing his family again, talking to them and he will likely .et talking to them and he will likely get to— talking to them and he will likely get to spend time with them upon his release _ get to spend time with them upon his release. these are all luxuries that my cousin — release. these are all luxuries that my cousin gianna were of and chauvin made _ my cousin gianna were of and chauvin made the _ my cousin gianna were of and chauvin made the active decision to kill her
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father~ _ made the active decision to kill her father. there will be nobler birthday— father. there will be nobler birthday parties, no graduations, holiday— birthday parties, no graduations, holiday gatherings or other family celebrations. the laughter, hugs, guidance, — celebrations. the laughter, hugs, guidance, advice, sense of security and those — guidance, advice, sense of security and those opportunities to simply say i and those opportunities to simply say i love — and those opportunities to simply say i love you are forever gone. they— say i love you are forever gone. they say— say i love you are forever gone. they say time heals all and while i generally— they say time heals all and while i generally believe the saying it's challenging to do so giving is unfathomable circumstances. before i conclude _ unfathomable circumstances. before i conclude george's murder, this trial and everything in between has been tragically— and everything in between has been tragically devastating. 0ur and everything in between has been tragically devastating. our family is tragically devastating. 0ur family is forever— tragically devastating. our family is forever broken and one thing we cannot— is forever broken and one thing we cannot get— is forever broken and one thing we cannot get back is george floyd. it is the _ cannot get back is george floyd. it is the request of my family that the maximum _ is the request of my family that the maximum penalty for the crime for which _ maximum penalty for the crime for which the _ maximum penalty for the crime for which the defendant was convicted be imposed _ which the defendant was convicted be imposed. 0n which the defendant was convicted be imposed. on behalf of my family, friends, _ imposed. on behalf of my family, friends, community and support i wish _ friends, community and support i wish my— friends, community and support i wish my sincerest opportunity of gratitude — wish my sincerest opportunity of gratitude for this experience. george's_ gratitude for this experience. george's nephew brendan williams there. the court also heard from
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derek chauvin his mother. let's hear what she had to say for the first time that she has spoken publicly about her son. it time that she has spoken publicly about her son.— time that she has spoken publicly about her son. it has been difficult for me to hear _ about her son. it has been difficult for me to hear and _ about her son. it has been difficult for me to hear and read _ about her son. it has been difficult for me to hear and read what - about her son. it has been difficult for me to hear and read what the i for me to hear and read what the media, public and prosecution team believed derek to be an aggressive, heartless and uncaring person. i can tell you that is far from the truth. my tell you that is far from the truth. my son's identity has also been reduced to that as a racist. i want this court to know that none of these things are true and that my son is a good man.—
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son is a good man. let's speak to welcome to _ son is a good man. let's speak to welcome to you, _ son is a good man. let's speak to welcome to you, thanks - son is a good man. let's speak to welcome to you, thanks for- son is a good man. let's speak to welcome to you, thanks for being with us. we've heard some devastating impact testimony from the family of george floyd. what actual difference does it make to thejudge in the actual difference does it make to the judge in the sentencing or is that basically already decided now? i suspect is already decided. because what's happened is a lot of this information was already gathered in something called a presentencing investigation, psi is the abbreviation we use where people have already gathered information from the victims family, from chauvin's family and to some extent thejudge of it chauvin's family and to some extent the judge of it he has chauvin's family and to some extent thejudge of it he has is. this is one last opportunity for him to hear perspective. i doubt it changes anything. at 15 minute break that we are taking here, probably isjust for him to reflect as a judge just in case he heard something he didn't hear before. but my suspicion is this is more cathartic. i think for the two sides especially for the victim side. in terms of getting
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their chance to speak, that it will be at this point in terms of changing thejudges mind. and be at this point in terms of changing the judges mind. changing the “udges mind. and take us throu~h changing the judges mind. and take us through what _ changing the judges mind. and take us through what the _ changing the judges mind. and take us through what the maximum - changing the judges mind. and take - us through what the maximum sentence is because we heard from george floyd family that that is they want. okay. read memberthat floyd family that that is they want. okay. read member that chauvin was convicted on three separate charges which are generally the rule in minnesota is that for multiple convictions you serve concurrently not consecutively. the most serious offence with second—degree murder which carries a maximum of 48 years in prison. you heard it —— 40. you heard that guidelines, the presumptive sentence under minnesota law is 12 and a half years, 150 months. thejudge did law is 12 and a half years, 150 months. the judge did find as the prosecution pointed out for aggravating factors which justifies upward departure. the defence has asked for probation time served, prosecution has asked for 30 years. again, the maximum possible would be
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40 years in prison under second—degree murder. taste 40 years in prison under second-degree murder. 40 years in prison under second-decree murder. . ., ., second-degree murder. we also heard from derek chauvin's _ second-degree murder. we also heard from derek chauvin's lawyer— second-degree murder. we also heard from derek chauvin's lawyer asking - from derek chauvin's lawyer asking for or mitigating factors to be taken into consideration not least the fact that he's been a serving police officer for 19 years. so take us through his arguments. his argument _ us through his arguments. fl 3 argument was to say that we are looking at somebody as you pointed out here who has been a police officer for 19 years with apparently not a blemish on his record. at least as they way defence attorneys put it. pointing out that he was a loyal public servant, always wanted to be a police officer, has always been out there trying to go above and beyond the call of duty. and so what they are trying to say is, and put a little bitter words in the mall here, what happened was tragic with george floyd but overall we are looking at somebody who is derek chauvin who has been a law—abiding public servant for his entire life and to serve the public well for 19
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years as a police officer. that should count for something. chauvinist lawyer —— chauvin the lawyer also said that this is a political and cultural divide but also urge thejudge political and cultural divide but also urge the judge to almost put that aside to base this on the fact and the legalities that are at the centre of this, didn't he? he and the legalities that are at the centre of this, didn't he?- centre of this, didn't he? he did sa that. centre of this, didn't he? he did say that- l _ centre of this, didn't he? he did say that. i think _ centre of this, didn't he? he did say that. i think it's _ centre of this, didn't he? he did say that. i think it's important i say that. i think it's important because i have to think that there is the legaljustifications or legal arguments that the judge is going to give eventually for his sentencing. but i don't know whether i going to call this unconscious or subconscious or whatever but remember, cahill is an elective judge to eight elected judge. he will face an election in the future. because it is such a high—profile political case you have to wonder if somewhere in the back of his mind he is thinking that, i have to pronounce a sentence that the public will accept, that will view as legitimate. if not remember some of
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your listeners and viewers might recall a year ago minneapolis had significant property damage as a result of riots after george floyd stop. i have to wonder if the judge is thinking that if i don't come up with a sentence that passes the court of public opinion, not real court of public opinion, not real court of public opinion, not real court of public opinion, how will that be received and what impact would have? ithink that be received and what impact would have? i think eric nelson's effort was to try to tell the judge, bracket off to the side those political considerations, think about what the law, with the legislature has said is the presumptive sentence and do what is just in fear in the situation. and not make this a political statement. stay with us because ijust want not make this a political statement. stay with us because i just want to remind viewers that derek chauvin did speak briefly for the first time during these proceedings. of course he chose not to testify at the trial himself. let's hear again what he had to say a few moments ago. at had to say a few moments ago. git this time due to some additional
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legal matters at hand i am not able to give a full formal statement at this time. but very briefly though, i want to give my condolences to the floyd family. there is going to be some other information in the future that would be of interest. and i hope things will give you some peace of mind, thank you. what hope things will give you some peace of mind, thank you.— of mind, thank you. what did you make of those _ of mind, thank you. what did you make of those brief _ of mind, thank you. what did you make of those brief and - of mind, thank you. what did you | make of those brief and somewhat cryptic comments?— make of those brief and somewhat cryptic comments? they were cryptic. first off i never— cryptic comments? they were cryptic. first off i never expected _ cryptic comments? they were cryptic. first off i never expected him - cryptic comments? they were cryptic. first off i never expected him to - first off i never expected him to say anything today because first remember, he pled not guilty, he and his attorney are insistent he's not guilty. they are going to be appealing the case and there are federal charges that derek chauvin is facing. so anything that he says today would not help them in any of those matters. the part that was cryptic and i don't know what is
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referring to, you heard the same thing that i did when he said some information is going to come out at some point soon that the family may be interested in or something. i'm really curious and probably you are exactly what that is. i don't think any of us know what that is. yes. exactly what that is. i don't think any of us know what that is. yes, he did offer his — any of us know what that is. yes, he did offer his condolences _ any of us know what that is. yes, he did offer his condolences to - any of us know what that is. yes, he did offer his condolences to the - did offer his condolences to the family. i think that's a first end that he's done that is in it? it family. i think that's a first end that he's done that is in it? it is. that's the _ that he's done that is in it? it is. that's the closest _ that he's done that is in it? it is. that's the closest i've _ that he's done that is in it? it is. that's the closest i've heard - that he's done that is in it? it is. that's the closest i've heard himj that's the closest i've heard him get to in apology or sorry or something like that. certainly not in acknowledgement of guilt. again, he can't say i'm sorry for what i did because that certainly not could help them in an appeal or the next case. but at least it was some expression of some sympathy which is given for the last year everybody has wanted to hear his side of the story. this is the closest we've got to anything so far.— to anything so far. what is the leral to anything so far. what is the legal situation _ to anything so far. what is the legal situation now? _ to anything so far. what is the| legal situation now? obviously to anything so far. what is the - legal situation now? obviously we have the sentencing at any moment now. forgive me if i have to break into whatever you say next to go
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back to the court. the sensing sitting happened, he will no doubt be giving a custodial sentence as we know, he will go to prison and then there is an appeal can he appeal against the sentence and is appealing against the case, the verdict itself, isn't he? he’s appealing against the case, the verdict itself, isn't he? he's going to a- eal verdict itself, isn't he? he's going to appeal against _ verdict itself, isn't he? he's going to appeal against the _ verdict itself, isn't he? he's going to appeal against the verdict, - to appeal against the verdict, correct. what happens is after today he has approximately 60 days or his attorney has 60 days to file an appeal with the minnesota court of appeals. once that appeal has been filed then there will be a hearing and so forth just to give you a timeline, it could very well be to years approximately before we get a court of appeals decision. i presume at that point he might appeal to the minnesota supreme court and then, is not inconceivable to the us supreme court but we clearly have a long road to go before we can really say final, final. and then next year he along with the other three officers face charges and face a trial in a
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