tv Newswatch BBC News June 25, 2021 8:45pm-9:01pm BST
8:45 pm
no doubt 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. 0nce 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
8:46 pm
federal indictment of which lets a presumably, if you work to be convicted there he could face an additional sentence also. find convicted there he could face an additional sentence also.- additional sentence also. and in terms of the _ additional sentence also. and in terms of the prosecution - additional sentence also. and in terms of the prosecution and i additional sentence also. and in i terms of the prosecution and what they wanted in terms of a sentence, just remind us of the four factors they want to be taken into consideration today.- they want to be taken into consideration today. they want to take into consideration _ consideration today. they want to take into consideration a - consideration today. they want to take into consideration a series i consideration today. they want to j take into consideration a series of factors that thejudge take into consideration a series of factors that the judge found. that this was a crime that took place in front of children, that it was an abuse of authority, that it was a crime that was particularly heinous. we are looking at, there's another factor to them for getting off the top of my head but a series of things that are sort of came down to say that look, you did something really bad as a police officer that you should have never done. you basically dishonored your badge, dishonored your oath, you did it in front of children and also you did it in a way that led to a very
8:47 pm
serious way of dying.- it in a way that led to a very serious way of dying. 0k, do state with us. serious way of dying. 0k, do state with us- we _ serious way of dying. 0k, do state with us. we will _ serious way of dying. 0k, do state with us. we will probably - serious way of dying. 0k, do state with us. we will probably come . serious way of dying. 0k, do state l with us. we will probably come back to you shortly. i want to speak now with a retired police captain spokesperson for the law enforcement action which advocates for criminal justice and drug policy reform. thanks for being with us. as we await for the sentencing tell us just how significant you think it will be. , ., , will be. oh, it will be as significant _ will be. oh, it will be as significant as _ will be. oh, it will be as significant as the - will be. oh, it will be as significant as the trial . will be. oh, it will be as. significant as the trial was. will be. oh, it will be as- significant as the trial was. every one around the world obviously have been watching and waiting to see that in this particular instance in america there will be justice done. and what doesjustice america there will be justice done. and what does justice look like to you? and what does 'ustice look like to ou? , , . and what does 'ustice look like to ou? , . . , and what does 'ustice look like to ou? , . ., , ., , and what does 'ustice look like to ou? , . . , ., , ., you? justice, really does not look like one case. _ you? justice, really does not look like one case. justice _ you? justice, really does not look like one case. justice does - you? justice, really does not look like one case. justice does not. you? justice, really does not look. like one case. justice does not look like one case. justice does not look like just a conviction or inappropriate sentencing. justice looks like now we have to be really cognizant of what is going on
8:48 pm
between vulnerable communities and the police all around the world but particularly in america. and we have to be good stewards of that and make sure that things are in place, policy, training, the right hires so that people remain safe. and that police can do with the hired to do which is to protect and to serve. [30 which is to protect and to serve. do ou which is to protect and to serve. do you think that the judges in a position in this case because we heard from eric nelson, chauvinist lawyer saying this is at the epicentre of a political and cultural divide but urge the judge to —— chauvin. these are law is built on reason and common sense. in other words, built on reason and common sense. in otherwords, do built on reason and common sense. in other words, do as you would for anybody else in the situation, don't take into account the political ramifications of this. i take into account the political ramifications of this.- take into account the political ramifications of this. i hear that. but i think— ramifications of this. i hear that. but | think it — ramifications of this. i hear that. but i think it was _ ramifications of this. i hear that. but i think it was one _ ramifications of this. i hear that. but i think it was one of- ramifications of this. i hear that. but i think it was one of george | but i think it was one of george floyd's brothers who so eloquently stated, we want this case to be treated as though it was one of us
8:49 pm
meeting someone black who was arrested. after hundreds of years in this country where black and brown people have taken the bulk of heavy sentencing and incarceration. we want to make sure that if we are going to be fair that mr everyone gets a particularly heavy sentence. in this case where he took the life of the man unnecessarily. find in this case where he took the life of the man unnecessarily. and the famil had of the man unnecessarily. and the family had called _ of the man unnecessarily. and the family had called for— of the man unnecessarily. and the family had called for the _ of the man unnecessarily. and the | family had called for the maximum sentence which in the case of murder is a0 years, second degree murder. do you think that's likely to happen realistically? i do you think that's likely to happen realistically?— realistically? i can't say. i don't know, realistically? i can't say. i don't know. i'm _ realistically? i can't say. i don't know, i'm really _ realistically? i can't say. i don't know, i'm really anxious - realistically? i can't say. i don't know, i'm really anxious as - realistically? i can't say. i don't know, i'm really anxious as is l know, i'm really anxious as is everyone else to hear with the judge is going to have to say when he delivers the sentence. are is going to have to say when he delivers the sentence.- delivers the sentence. are you anxious because _ delivers the sentence. are you anxious because of _ delivers the sentence. are you anxious because of the - delivers the sentence. are you - anxious because of the implications for how it will impact on the wider community or is it because of what could happen further down the line if this just sentence in your view isn't given? i
8:50 pm
if this just sentence in your view isn't given?— if this just sentence in your view isn't given? i don't have a feeling that they will _ isn't given? i don't have a feeling that they will not _ isn't given? i don't have a feeling that they will not be _ isn't given? i don't have a feeling that they will not be a _ isn't given? i don't have a feeling that they will not be a just - that they will not be a just sentence. i thought that the trial was a fair trial, i thought that it was a fair trial, i thought that it was held with all of the appropriate parameters. i thought the judge purported himself well. i have no reason to believe that derek chauvin will not get an appropriate sentence. you're right, i am anxious about what this will mean for us going forward as a people around the world. find going forward as a people around the world. �* ., going forward as a people around the world. �* . . ., ,~/ ~ world. and what impact do you think it's had since — world. and what impact do you think it's had since the _ world. and what impact do you think it's had since the trial, _ world. and what impact do you think it's had since the trial, since - world. and what impact do you think it's had since the trial, since the - it's had since the trial, since the murder, since the trial, what do you see that has changed within the black community and within wider communities in america? in black community and within wider communities in america?- black community and within wider communities in america? in the black communities in america? in the black community i — communities in america? in the black community i am _ communities in america? in the black community i am seeing _ communities in america? in the black community i am seeing two _ communities in america? in the black community i am seeing two things, i community i am seeing two things, i've seen greater hope. before it was you know there's nothing we can do, we've been doing this over and overfor so long and do, we've been doing this over and over for so long and when do we finally see a movement towards justice? so now we are seeing that.
8:51 pm
and we see that other people are seeing what we've been saying all along. i also see a sense of empowerment. the sense of empowerment. the sense of empowerment came not only with this trial but we also had an election and black people... trial but we also had an election and black people. . ._ trial but we also had an election and black people... sonia, we must to back and black people... sonia, we must go back to — and black people... sonia, we must go back to the _ and black people... sonia, we must go back to the court _ and black people... sonia, we must go back to the court where - go back to the court where proceedings are continuing. floyd family and the defendants family — floyd family and the defendants family. i've read all the impact statements that were submitted earlier _ statements that were submitted earlier and listen carefully at all the input — earlier and listen carefully at all the input today. it is truly appreciated that you took the time to stay— appreciated that you took the time to stay with this case and to provide _ to stay with this case and to provide me with import. i have reviewed — provide me with import. i have reviewed the presentence investigation and carefully considered all the facts the case and the — considered all the facts the case and the law. but my comments are actually _ and the law. but my comments are actually going to be very brief. because — actually going to be very brief. because most of it is going to be in writing _ because most of it is going to be in writing i_ because most of it is going to be in writing. i have a 22 page memorandum that is— writing. i have a 22 page memorandum
8:52 pm
that is can _ writing. i have a 22 page memorandum that is can he _ writing. i have a 22 page memorandum that is can be attached to it not attached — that is can be attached to it not attached to the sentencing order. why my _ attached to the sentencing order. why my doing it in writing? to emphasise the fact that determining the appropriate sentence in any case and in _ the appropriate sentence in any case and in this— the appropriate sentence in any case and in this case is a legal analysis _ and in this case is a legal analysis. it's applying the rule of law to _ analysis. it's applying the rule of law to the — analysis. it's applying the rule of law to the facts of an individual and specific case. and that is why as opposed — and specific case. and that is why as opposed to trying to be profound here on— as opposed to trying to be profound here on the — as opposed to trying to be profound here on the record i prefer that you read the _ here on the record i prefer that you read the legal analysis that explains howl read the legal analysis that explains how i determined the sentence in this case. what the sentence — sentence in this case. what the sentence is not based on is emotion or sympathy— sentence is not based on is emotion or sympathy but at the same time i want _ or sympathy but at the same time i want to— or sympathy but at the same time i want to acknowledge the deep and tremendous pain that all the families— tremendous pain that all the families are feeling. especially the floyd _ families are feeling. especially the floyd family. you have our
8:53 pm
sympathies. and i acknowledge and hear the _ sympathies. and i acknowledge and hear the pain that you are feeling. i acknowledge the pain not only of those _ i acknowledge the pain not only of those in _ i acknowledge the pain not only of those in the courtroom but the floyd family— those in the courtroom but the floyd family who _ those in the courtroom but the floyd family who are outside this courtroom and other members of the community — courtroom and other members of the community. it has been painful throughout the county and the state of minnesota and even the country. but most _ of minnesota and even the country. but most importantly we need to recognise — but most importantly we need to recognise the pain of the floyd family — recognise the pain of the floyd family. i'm not going to attempt to be profound or clever because it's not the _ be profound or clever because it's not the appropriate time. i'm not basing _ not the appropriate time. i'm not basing my— not the appropriate time. i'm not basing my sentence also on public opinion _ basing my sentence also on public opinion i— basing my sentence also on public opinion. i am basing my sentence also on public opinion. lam not basing my sentence also on public opinion. i am not basing basing my sentence also on public opinion. lam not basing it basing my sentence also on public opinion. i am not basing it on any attempt _ opinion. i am not basing it on any attempt to— opinion. i am not basing it on any attempt to send any messages. a trial court— attempt to send any messages. a trial court judge, attempt to send any messages. a trial courtjudge, the judge of the
8:54 pm
trial courtjudge, the judge of the trial court— trial courtjudge, the judge of the trial court judge trial courtjudge, the judge of the trial courtjudge is to trial courtjudge, the judge of the trial court judge is to apply the law to — trial court judge is to apply the law to specific facts and to deal with individual cases. and so mr chauvin, — with individual cases. and so mr chauvin, as _ with individual cases. and so mr chauvin, as account one based on the verdict _ chauvin, as account one based on the verdict of— chauvin, as account one based on the verdict of the — chauvin, as account one based on the verdict of the jury find you guilty of an— verdict of the jury find you guilty of an intentional second—degree murder— of an intentional second—degree murder while committing a felony under— murder while committing a felony under minnesota statute 619.19 subdivision it is a judgment of the court _ subdivision it is a judgment of the court that— subdivision it is a judgment of the court that you now stand convicted of that _ court that you now stand convicted of that offense. pursuant to minister— of that offense. pursuant to minister statute section 6090 for, counts _ minister statute section 6090 for, counts two — minister statute section 6090 for, counts two and three will remain on adjudicated — counts two and three will remain on adjudicated as they are lesser offences— adjudicated as they are lesser offences of count one. sentence for count _ offences of count one. sentence for count one _ offences of count one. sentence for count one the court commits you to the custody— count one the court commits you to the custody of the commissioner commissions for a period of 270 months — commissions for a period of 270 months. that is 270. that is a ten year— months. that is 270. that is a ten year addition _ months. that is 270. that is a ten year addition to the presumptive sentence — year addition to the presumptive sentence of 150 months. this is based _ sentence of 150 months. this is based on —
8:55 pm
sentence of 150 months. this is based on your abuse of a position of trust _ based on your abuse of a position of trust and _ based on your abuse of a position of trust and authority and also the particular— trust and authority and also the particular cruelty shown to george floyd _ particular cruelty shown to george floyd. your granted credit for 199 days already served. pay the militaries surcharge to be paid for prison— militaries surcharge to be paid for prison wages, you are presented from possessing _ prison wages, you are presented from possessing firearms, ammunition or exposures— possessing firearms, ammunition or exposures for the remainder of your lives _ exposures for the remainder of your lives. provide a dna sample as you are required — lives. provide a dna sample as you are required by law, registeras a predatory— are required by law, registeras a predatory offender as required by law and _ predatory offender as required by law and you will receive a copy of the order— law and you will receive a copy of the order and also the attached memorandum explaining the courts analysis _ memorandum explaining the courts analysis. anything further from the state? _ analysis. anything further from the state? if— analysis. anything further from the state? , ., , ., analysis. anything further from the state? , ., ., state? if this lease that i asked to be excused _ state? if this lease that i asked to be excused forthwith. _ state? if this lease that i asked to be excused forthwith. remandedl state? if this lease that i asked to i be excused forthwith. remanded to the custody of _ be excused forthwith. remanded to the custody of their _ be excused forthwith. remanded to the custody of their shirts _ be excused forthwith. remanded to the custody of their shirts are - be excused forthwith. remanded to the custody of their shirts are to - the custody of their shirts are to be transported back to the dar cf which _ be transported back to the dar cf which of— be transported back to the dar cf which of a — be transported back to the dar cf which of a is currently holding you. anything _ which of a is currently holding you. anything further? thank you. we are adjourned _ anything further? thank you. we are ad'ourned. ., anything further? thank you. we are
8:56 pm
ad'ourned. . , ,, adjourned. there we have derek chauvin former _ adjourned. there we have derek chauvin former police _ adjourned. there we have derek chauvin former police officer- chauvin former police officer sentence to 22 years and six months for the second degree murder of an unarmed black man, george floyd. the judge they're saying that he had a 22 page document that would explain all of the reasonings behind his decision but he didn't want to attempt to say anything as he said clever today because he wants it all written down. and he said the reasoning behind his decision, he said it wasn't a sentence based on public opinion, it wasn't based on any attempt to send any message but it was him applying the law to specific facts. let's speak to professor david scholz who teaches criminal law in minnesota. professor, what do you make of the sentence? it’s professor, what do you make of the sentence? �* , . ., , professor, what do you make of the sentence? 3 . ., , , professor, what do you make of the sentence? �*, . ., , , ' professor, what do you make of the sentence? �*, . . , , ' ., sentence? it's clearly be the 12 and a half year — sentence? it's clearly be the 12 and a half year presumptive _ sentence? it's clearly be the 12 and a half year presumptive sentence. l a half year presumptive sentence. nowhere near i'm going to argue the
8:57 pm
maximum the family wanted. again, you have to read the memorandum to see the justification out there. but it is certainly an upward departure from what the presumptive minimum or provided to you in our presumptive sentence would be. we talked about this before, whether this is a sentence that the public will perceive as fair and just, that's a really good question here. again, based upon what i presume will be factors that he outlines in that memorandum, is going to explain why the four aggravating factors merited an additional ten years as opposed to saying the presumptive or why he wasn't willing to go as far as 30 or perhaps as far as for two years. he left most of his reasoning, in fact all of his reneged two reasoning into a memo that robin is scrambled to read in a few minutes. aha, lat into a memo that robin is scrambled to read in a few minutes.— to read in a few minutes. a lot of readin: to read in a few minutes. a lot of reading to _ to read in a few minutes. a lot of reading to be _ to read in a few minutes. a lot of reading to be done. _ to read in a few minutes. a lot of reading to be done. he _ to read in a few minutes. a lot of reading to be done. he did - reading to be done. he did specifically say that he did take into consideration the abuser derek chauvin position and the particular cruelty that each shown to george floyd. cruelty that each shown to george flo d. , �* ~
8:58 pm
cruelty that each shown to george flo d. , �* " ~ , floyd. yes he did. and i think i was in important _ floyd. yes he did. and i think i was in important factor _ floyd. yes he did. and i think i was in important factor for _ floyd. yes he did. and i think i was in important factor for him - floyd. yes he did. and i think i was in important factor for him to - floyd. yes he did. and i think i was in important factor for him to look. in important factorfor him to look at. that abuse of trust, abuse of a party. but putting it in terms of what were thinking about here with 22 and half years, this is roughly the halfway point between no incarceration whatsoever and also what the maximum. at the same time if you think about it here, it still is almost a doubling of the presumptive minimum sentence that he has to receive. 22 and a half years for somebody who is what in his mid—forties? he's going to be in prison i'm assuming he stays up until the 605. i keep coming back to say that thejudge until the 605. i keep coming back to say that the judge said he wasn't considering politicalfactor5 but he did the sentence but nonetheless you still have to wonder how do people in minneapolis and really across the world who have been interested in this case, how did they perceive the fact that is not a0 years? is not for 30 years of prosecution asked
8:59 pm
for. �* , . . , for 30 years of prosecution asked for. k. ., , ., for. it's certainly not with the family asked _ for. it's certainly not with the family asked for. _ for. it's certainly not with the family asked for. we - for. it's certainly not with the family asked for. we will- for. it's certainly not with the family asked for. we will be i for. it's certainly not with the - family asked for. we will be hearing from them no doubt. i think they're going to be making a statement, having a press scarf conference outside the courtroom shortly. do you imagine and it's hard to put anyone in that position but while they asked for the maximum sentence you imagine they really thought they get a? i you imagine they really thought they aet a? ., �* ~' ~' , get a? i don't think... i think they ho ed get a? i don't think... i think they hoped they _ get a? i don't think... i think they hoped they would _ get a? i don't think... i think they hoped they would get _ get a? i don't think... i think they hoped they would get it, - get a? i don't think... i think they| hoped they would get it, obviously families believe that given the impact they should. that the officer should have been charge for that. i think it was a long stretch. the fact that the prosecution didn't even ask for a0 years recognise the fact that a0 years was can be difficult to get. 30 years was pushing it. we have a well defined system in minnesota for a presentencing investigation, looking at how much of a threat this person is to the public, looking at
9:00 pm
possibilities for rehabilitation, etc. from a legal point of view it would've been difficult to get up to a0 years. would've been difficult to get up to 40 ears. ., ~' ,, , . would've been difficult to get up to 40 ears. ., ,, i. , . ., 40 years. thank you very much for talkin: to 40 years. thank you very much for talking to us _ 40 years. thank you very much for talking to us and _ 40 years. thank you very much for talking to us and given _ 40 years. thank you very much for talking to us and given us - 40 years. thank you very much for talking to us and given us your - talking to us and given us your reaction to that sentencing. thank this is bbc news with the latest headlines for viewers in the uk and around the world. former minnesotta police officer derek chauvin is waiting to hear his sentence for the murder of george floyd. the court commits you to the commissionerfor a period of 270 months. that is 270. this commissioner for a period of 270 months. that is 270.— months. that is 270. this is the theme live _ months. that is 270. this is the theme live outside _ months. that is 270. this is the theme live outside the - months. that is 270. this is the theme live outside the court. i months. that is 270. this is the i theme live outside the court. they are expecting to hear from george floyd's family and legal representatives shortly. 159 people are now listed as missing after the collapse of a 12—storey building in miami.
13 Views
IN COLLECTIONS
BBC NewsUploaded by TV Archive on
![](http://athena.archive.org/0.gif?kind=track_js&track_js_case=control&cache_bust=304464658)