tv Ayman Mohyeldin Reports MSNBC June 25, 2021 12:00pm-1:00pm PDT
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we know that -- we saw that mr. floyd did not want to be in the backseat. that's it. that's the rub. it was the need to get him in that backseat no matter what. once he was pulled out of the backseat, he was find. went down on the ground. not fighting, not punching. and he was placed initially on his side. he is already handcuffed. he is placed on his side in the recovery position. like he should be. he is trying to breathe.
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he is on george floyd's back face down on the pavement. and officer king sat on mr. floyd's waist area and officer lane pulled his feet down. you can even see mr. floyd trying to pull his feet up. we all are going to fight to breathe. everybody knows that fear when you all of a sudden realize you're having trouble breathing, it is just in ate. he tries to pull his feet up. but he is held down the three officers. officer todd is watching. he is placed face down on the pavement so harshly that it rubs the skin off his face.
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he has injuries from the knuckles from trying to lift himself up. and he's telling officer chauvin, i can't breathe. i'm dying. and mr. chauvin's response is uh-huh. and all this time we imagine what mr. floyd is going through. we're going to talk about particular cruelty and torture. we appreciate what he is going through. we know he's suffocating. we know that feeling of not being able to breathe enough. he is begging and pleading and being ignored. his concerns are being dismissed by somebody who has taken custody but not care. he kept him in that prone position for 9 1/2 minutes. and was suffocated. no other way to say it. that's particularly cruel. that is more cruel on a it up call second degree unintentional
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murder. significantly more. this is not a momentary gunshot, punch to the face. this is 9 1/2 minutes of cruelty to a man who was helpless and just begging for his life. there were children present, standing only a few feet from the oufrz. these children who were ages 17 and one child age 9. it is particularly cruel to commit a crime in front of a child. we heard about how it can affect a young brain and how long it can take. you have a 9-year-old girl. how are they going to process
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this, you know, standing feet from a man being suffocated by police officers? such a stark sight that one of the churn says we have to call the police on the police. how do you process that? as a 9-year-old. the children are not only present watching a man die, we've all seen -- if you haven't, you need to, look at george floyd's face. he is dying. he is suffering. the children have to watch this. not only that, the police officers and there are people ash them wanting to help. and at one point i'm sure they got upset. at one point mr. chauvin points his mace, grabs his mace to keep them back. how is a child look at that. there is another officer screaming at them to get back.
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a typical second degree intentional murder. this court made a finding that the defendant committed the offense with the involvement of three or more other persons. and that's how they kept the bystanders at bay. i already talked a little bit about lane and king's role in hold mr. floyd down. they recognize that he is pulseless. it made no effort to dare of the person in their custody officer
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watched most of the sufficient indication. and then we went over to keep people from giving help. one person who identified as a medical trained firefighter for the city of minneapolis and that was dismissed. like we're going to believe her? these were all uniformed officers adding to the abuse of trust and authority. i know the defense asked the court for probation. i'm not going to spend a lot of time arguing that. i understand about -- i can't
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understand what his family members and friends are going through. i can't. but certainly not enough for departure to probation for second-degree murder. the findings that the court has made. certainly justify an upward departure because there are four of them not standing alone but in a sense not overlapping but coming together to show this is not the typical second-degree murder. this is egregious. from the top of the box, 180 months, we're asking the court to do a double departure to 360 months. i mention before this is sentencing. the this is the time for victims. right? this is the time for the loved ones of the victims.
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i commend this family. i commend all the loved ones, friends, people involved in this case for tolerating and being gracious. none of this, of course, can bring george floyd back. that is very true. put this is the time for criminal justice system to say we hear you. this is the time for their criminal justice system to say we recognize that this harm you're going through is real and while we can't feel what you're feeling, we know we can do what your criminal justice system should do and recognize the severity of this crime and reflect that in a sentence to be
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given. it's time for this criminal justice system to say we recognize this is more serious than the typical second degree unintentional murder. for reasons the court found reflect that and give this court more than adequate basis to do that. your honor, we ask the court to impose a sentence of 360 months commitment to the commission of corrections. as you know, your honor, there are no fines in murder cases. we would ask the court just to reserve the issue of rest constitution to clarify that with the family and present that could the court. for 30 days. thank you, you're honor. >> anything from the state? >> no, your honor. >> mr. nelson? >> i'm sorry.
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>> thank you, your honor. at this time the defendant's mother would like to address the court. >> if you could state your full name and spelling of each of your names and proceed when you're ready. >> yes. caroline, pawlenty. i am the mother of derek chauvin. i am here to speak on behalf of my entire family. on november 25th, 2020, not only did derek's life change forever but so did mine and my family's. he devoted 19 years of his life
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to minneapolis police department. it has been difficult for me to hear and read what the media, public and prosecution team believe derek to be an aggressive, heartless and uncaring person. i can tell you that is far from the truth. my son's identity has also been reduced to that as a racist. i want the court to know that none of these things are true and that my son is a good man. derek always dedicated his life and time to the police department even on his days off, he would call in to see if they
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needed help. derek is a quiet, thoughtful, honorable and selfless man. he has a big heart and has always put others before his own. the public will never know the loving and caring man he is. but his family does. even though i have not spoken publicly, i always supported him 100% and always will. derek has played over and over in his head the events of that day. to see the toll it has taken on him. i believe a lengthy stencil not serve derek well.
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and my second is when i was honored to pin your police badge on you. i remember you whispering to me, don't stick me with it. derek, i want you to know i have always believed in your innocence. i will never waiver from that. i have read numerous letters from people around the world that also believe in your innocence. no matter where you go or where you are, i will always be there to visit you. i promise you i will stay strong as we talked about and i want you to do the same for me. i'll do what you told me to do, take care of myself.
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so i will be here for you when you come home. remember there is no stronger bond or love than a mother's love. one final thought i want you to remember, remember you are my favorite son. thank you for your time. >> thank you very much, your honor. it is my intent that my remarks this afternoon be quite brief. i do not intend to relitigate the facts of this case.
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nor spend any substantial time looking at the law. the court is very familiar with the facts of this case. and the parties have fully briefed the court relevant to the sentencing factors. and we recognize that in any case, any sentencing that comes before the court, the court is tasked with a difficult job. the court must craft a sentence that serves the interests of justice. a rather nebulous term. the court must take into consideration the victim impact, public interest as well as the circumstances and the history of the defendant. in this case, more than any other that any of us have been involved in, that task is exceedingly more difficult. in my remarks, i just wish to briefly address each of those
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three considerations. starting with the public impact. as i believe we're all cognizant of, this case is at the epicenter of a cultural and political divide. we tried to keep a lot of that out of the courtroom during the trial and make this case about the facts. but we recognize what has happened as a result of this case. there is a group of people that will think your sentence is insufficient to satisfy justice. but there are an equal number of people that will view any sentence you pronounce as draconian or overbearing. either way, some percentage of the public will view your sentence as a miscarriage of justice.
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the intensity of the public interest in this case cannot be overstated. i trust that the volume of correspondence that each of us have received from the public at large is indicative of the very sentiments on both sides. as i was informed just yesterday, the attorney general's office established a website to accept community impact statements. again, in my understanding is in a little over two weeks they received over 1,000 submissions. again, on both sides. by my very best estimate, since my representation mr. chauvin began last summer, i received over 5,000 e-mails, over 1,000 voicemails and hundreds and hundreds of handwritten letters. again, from both sides. and i expect that your honor has
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likewise been inundated with public comment and scrutiny. the impact that this case has had on this community is profound. it goes far beyond what happened on may 25th 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 the 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 principled debate. and civil public discourse and ultimately leaves a positive effect on the city of minneapolis, the state of
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minnesota, the united states. while this court may consider the impact, it is for the same reasons that the court must turn to the foundational legal principles and remember that justice is brought. law is built on reason and common sense and it cannot be permitted to be assailed by public opinion. turn 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 is justifiably mourned by those whose lives he impacted. he is a son, a brother, a
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father, an uncle, and a friend to many. as the court heard today, the impact and the loss of his life of the loss of his life simply just can't be simplified. and it will take time. finally, your honor, the court must take into consideration just like it has to take into consideration the aggravating factors they need to take into consideration the mitigating factors. and the mitigating factors is set forth by the sentencing guidelines really point to the interrogatory analysis in this case. you may spend a lot of time arguing for a probation airy sentence that, is brief. but that being said, when we look at the trog factors, who is derek chauvin? derek chauvin spent 19 years as a minneapolis police officer. he loved being a police officer. i was contacted during the
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course of my representation and i've had numerous conversations with his fellow police officers or fellow police officers that worked with derek, some retired, some still active. and they told me that he was a solid police officer. that he did his job. that if somebody asked him to do a particular task, he never complained. i did it. he did it. one person told me that one of the sergeanted said if i asked him to dig a ditch, he would have picked up a shovel and never would have complained for a second. he would have done his job. he was decorated as a police officer. multiple life saving awards. he was decorated for valor. he was proud to be a police officer because what he liked to do was help people.
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and the statistics show the vast majority of police work is helping people. he was proud to be minneapolis police officer. he served his country of the united states -- in the united states army. and he, too, is a son, brother, and a father and a friend. he, too, his life, the life he's lived, he's not coming into this as a career criminal with six points, five points, four points. he is coming into this never having violated the law. he lived an honorable life. he attempted to live an honorable life.
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derek chauvin was not even scheduled to work the day of november 25th. he came in because they were short staffed. of his brain is littered with what ifs. what if i just not agreed go in that day? what if thing has gone differently? what if i never responded to that call? what if, what, what if? the truth of the matter is and the end result is that we are here after a jury verdict, finding him guilty of these offenses. and the courts' consideration should not only be focused on the aggravating factors but the mitigating factors as well. the guidelines were established for awe reason. and, yes, the court in circumstances like these has discretion to go beyond and aggravate a sentence beyond the
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presumptive sentences. but the sentencing guidelines don't dirn differentiate between second degree murders. someone robs a liquor store and a person dies in police custody. the law presumes the legislature presumes that the sentencing guidelines as established, this is sufficient penalty. for all of the second-degree murder categories or cases you would see. from 2019 back to 2010, a total of 90 people were sentenced for second-degree murder. those people had a zero criminal history score. 67% or 60 of the 90 people
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received a guideline sentence of 150 months. so two-thirds of all people in this same position received a guideline sentence. 20% received an aggravated sentence. 18 of the 90. and 12 -- 13% of the 12 individuals were granted mitigated departures. so if the legislature and the intent of the sentencing guidelines is to eliminate sentencing disparity, the law should presume that guide line sentence is what is appropriate in this case. judge may take -- you may take into consideration at this point these aggravating factors but you have to counter balance them which is the goal of the law with the mitigating factors.
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p i know this has been an incredibly difficult case for the floyd familiarly to have to endure. they state -- the state of minnesota, likewise, its prosecutors in this case have endured quite a bit. 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 the sentencing guidelines, applies the law in a reasoned manner and imposes a just sentence. >> thank you. mr. chauvin, would you join mr. nelson at the lectern? mr. chauvin this is your opportunity if you wish to give any input to the court and so i turn it over to you and your attorney.
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>> thank you, your honor. at this time due to some additional legal matters at hand, i'm not able to give a full formal statement at this time. but very briefly though, i do want to get my condolences to the floyd family. there is going to be some other information in the future that would of interest and i hope things will give you some peace of mind. thank you. >> i'll note that i did read your comments in the presentence investigation as well. >> thank you, your honor. >> all right. we're going to take a 15-minute recess so that i can complete the sentencing order based on what i heard today. and let's reconvene at 2:45. we're in recess. >> good afternoon, everyone.
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we're continuing our breaking news conference of the sentencing hearing for derek chauvin. it is in a 15-minute recess after nearly an hour of testimony. impact testimony that included members of george floyd's family as well as for the first time hearing from derek chauvin's mother in addition to the attorneys and at the very end as you heard there from derek chauvin himself. as we mentioned, we're now in that 15-minute recess. the sentencing hearing for former minneapolis police officer derek chauvin. convicted in the murder of george floyd. now out sued the courthouse there has been a growing number of supporters there. the watching this sentence hearing unfold. listening to it on their phones, sometimes reacting to the words as they were being played out. chauvin faces up to 40 years in prison for the murder of george floyd. the prosecution though asking for up to 360 months, that would be 30 years for kneeling on george floyd's neck for 9 1/2
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minutes. now the specific charges are second-degree murder, third degree murder and second degree manslaughter. of course, the murder was captured in a deeply disturbing video igniting a reckonning on racial disparities in america and fueling calls for police reform. we saw protests all around the world as we mentioned, we heard from four of george floyd's family members including his 7-year-old daughter. they called on the judge so give chauvin the maximum sentence and offered an emotional testimony on what george floyd's loss has meant for them as a family. take a listen. >> no no more birng day parties, no more graduations, holiday gatherings or other celebrations. laughter, hugs, guidance, advice sense of security and those opportunities to simply say i love you are forever gone. >> daddy is our daughter's first love. he would never be able to walk her down the aisle at her wedding, attend the magical
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moments of her life like a daddy-daughter dance, sweet 16 party, seeing her after prom, graduations, and she will never be able to have any personal memories with her father. >> if you could say anything to your daddy right now, what would it be? >> it would be i miss you and i love you. >> chauvin probably saw there had the opportunity to speak during his hearing. his remarks could be considered as evidence in future appearances. ending his appeal of this conviction. but his mother did speak on his behave. derek has played over in his head the events of that day. i've seen the toll it has taken on him. i believe a lengthy sentence sentence will not serve derek well. when you sentence my son, you will also be sentencing me.
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>> all right. we have comprehensive coverage of all this on the ground as well as reverend al sharpton who joins us now. host of "politics nation." . he was inside that courtroom throughout the sentencing hearing. rev, let's get a quick update from you as someone who witnessed that hearing. the emotion we saw play out from george floyd's family and others? >> we escorted the family to the courtroom and the lawyers and me as a minister. we are at the building. and it is very emotional. the brothers, the nephew that spoke who are here, his daughter that did a video who is not here, other members of the family are out sued with us. very motional to witness the sentencing of someone that has
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now been convicted. it is something that has all kinds of national and global ramifications. but to be here with the family, you talk about their brother. they're talking about their uncle. and they're talking about will his life and the way he was killed be weighed before this judge? this judge can either uphold the conviction, that this jury came to or undermine it and undercut it. but give him a sentence equal to the conviction that was found by this jury. so i think that they are clearly emotional and clearly hoping that this chapter, this part of what they're going through ends with justice. clearly, the other federal charges as well as the drive for the u.s. senate to pass the george floyd justice and policing act is the next
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chapter. they're going to determine either way that the senate do what the jury did and that is find that the life of the george floyds of this country matter. >> rev, i can get your reaction to something that the defense attorney for derek chauvin said which i thought was interesting only in the context because he said that because of the significance of this case, because of the way this case has now affected everything we consume from entertainment all the way to presidential politics, that regardless of what happens, the sentencing will be viewed by some as a miscarriage of injustice. and i want you to respond to that. is there a threshold where the family would feel this is justice, that anything below that is injustice? >> the family said they want to see the maximum case. they said it both in advance of the case.
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they said it once there was a conviction. they said it to me, to the judge. i think that they would want to see the maximum. clearly anything beneath what even the state laws of minnesota would say given that he was convicted of murder two and three and manslaughter would be not only insulting to the feeling that police would not be held accountable. but this would show grace and straight restraint through the last few months. has only asked for justice. not only has the public felt this as the defense attorney raised that some see it as an injustice, the jury found him guilty. he was judged by a jury of his peers. they said he was guilty of
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murder. the judge ought to answer the charge the jury as convicted him of. >> i want you to stay with me for a moment. if you have to go, i understand. that i want to bring into the conversation chuck rosenberg, a former u.s. attorney, senior fbi official and also an msnbc contributor. great to have with you us. i want to talk about the four aggravating factors that were outlined there. as i understood it from watching that hearing and reading in on this, there are the sentencing guidelines. there the is the presumptive sentence. the prosecution, both mr. blackwell and mr. frank making the case that there were four aggravating circumstances that the court acknowledged that say they would take this sentencing beyond the presumptive sentencing guidelines and thaur they're there on the screen. he abused his authority and trust in power and that crime committed was done so among a
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group of officers ape more importantly that crime committed was done in front of children who witnessed this and by extension the community now has been traumatized. is that a compelling case, legally speaking, to go beyond the presumptive sentencing? >> it is. to understand it best, let me give you some framework. sentencing guidelines exist, i think, in every state and certainly in the federal system. though set a presumptive sentence for the average case. what the prosecution argued here and they're right this is not the average case. so if the average case of second-degree murder in the state of minnesota for somebody who has no prior criminal record would be about 12 1/2, 13, 14 years. the argument. is this should be more. because he was an oufr and abused awe position of trust. because the crime was committed in front of children. because derek chauvin acted with
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particular cruelty, the average case, the midpoint case, they argue, doesn't suffice. and so here the judge has to determine whether or not those things happened. whether the prosecution is right. whether those are compelling arguments. he sat through the trial. he heard the evidence. and his ruling, as i understand it, is that there are aggravating circumstances here. to me that suggestion he's going to go above the midpoint. he may not go as high as the family wants, 40 years, the maximum. he may not go as high as the prosecution has asked for, 30 years. but i imagine he will go above the midpoint. this is not the ordinary case. an enhancement is warranted. >> what did you make of shashg derek chauvin's appeal at the very end? is that something the judge will take into consideration, you know, he said he's unautomobile to give a full statement. he did offer condole senses to the floud family. he said there will be
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information in the future that may "give you some peace of mind." >> yeah. i found that last statement bizarre and unsatisfying. i don't know what would give them peace of mind other than something that they cannot have which is george floyd back. there is a big difference between condolences, which doesn't take very much to offer and remorse which does. i understand that derrick shoef derek chauvin has other legal jeopardy. but will the judge find what he said compelling, i think not. he didn't express remorse. the i would have liked to hear. that i'm surprised that i didn't from this man. >> stay with me. i want to cross outside to the courthouse. shack, we had a small box of a live shot looking at people on their phones. lus ening to what is happening
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inside the courthouse. the timing may have been a little bit off. there definitely was some reaction to what was being said when we were hearing from derek chauvin's mother, when we were hearing from the floyd family. the you're there on the ground. tell us what you saw and heard play out unside the courtroom compared to what you saw outside. >> good point. if you look at that small box, they were listening to different feed. so they're about 30 seconds to a minute behind what you were actually lus ening. to the timing was off a little bit. let me give you an idea of where we are. the courthouse is right there. this is a group of people right in front of the courthouse. we'll go in a little fwoit see what is there. 100 or so people sitting around and glued to the hearing as it was happening. you see some of them still there now. there is a billing boom box essentially that was playing out the feed of the hearing, of the sentencing. and one thing that you notice is how the smood shifted over the
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time. in the beginning when you heard the victim impact statements, the statements from george floyd's daughter, brother, his nephew, you heard people -- you saw people, really looking down at their screens at times, really hanging on to every single word that was being spoken. once you saw eric nelson get the stand, people got a lull moran mated. sometimes people interrupted what was being said by chants of no justice, no peace. you saw a shift in tone. the bottom line that you see here is people are paying attention to what is happening. i'm asking people, what do you want to hear from the judge when he gives his sentence? and it's a range of opinions, i'll tell you. some people have been following closely and know the sentencing guidelines or at least more familiar with them. they say 20 years. 25 years. from a lot of people here, who just know what they saw from the trial, who just know the
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headlines, they say they want a maximum sentence. that's what you heard from the family when they made that plea to judge cahill. they want accountability. they want to see derek chauvin sentenced to a maximum sentence. that is the expectation for manufacture the people here right outside the courthouse. some people that are visiting here, heard the sentencing is happening and they came down to witness what they believe will be a moment. >> all right. i want everyone to know that we're waiting the return of judge peter cahill. the sentencing hearing has taken a 15-minute recess. we're about three minutes out from resumption. he will make his ruling after hearing impact statements from derek chauvin's family and his
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mother and himself and george floyd's family. i want to bring in the president of the naacp and frederic alexander. form president obama's task force and msnbc law enforcement analyst. i'll start with you. just get your reaction to what you heard play out. give me your overall take aways in the minute or so that we have. what stood out to you? >> of course the testimonials were very sad watching the trauma unfold in the courtroom. and just hearing george floyd's daughter talk about missing her dad and how she helped him brush his teeth. that really struck me as a mother. i was most distressed listening to carolyn powlenty, essentially
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express no empathy for george floyd or his family and being in denial about the heinous crime that her son derek chauvin committed against george floyd. >> your reaction to what you saw today from a legal perspective, law enforcement perspective and human level. >> from a law enforcement perspective is we saw a truly that took place. and mr. derek chauvin had a fair trial and his peers were on those juries. and they reached a conclusion of guilty. and what we're going to see play out here today is a judge who is going to make a decision as it relates to what his penalty should be. to be perfectly honest with you. quite frankly. the courts did exactly what they were supposed to do.
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so there was a tragic loss of life that was conducted in a very heinous way. i think most of us would agree with that. we saw witnesses certainly the family of george floyd who were never see a return of their son and their brother and their father ever again. and whatever penalty is meted out here by this judge is going to be based on what the law is there in the state of minnesota. so if we say that we are law and order types of people, then we have seen the law being executed. you can see it presently with that of the prosecution. but in all fairness, i think an objectist to everyone, i think it's important to keep in mind is that there was a judicial process there in the state of
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minnesota that carried out its job. everyone did their job. there was a conviction in whatever the court penalty may happen to be, that's what we'll owe subsequently have to accept. >> all right. you're looking at live pictures outside the hennepin county courthouse. the judge expected to return to the courtroom any minute now and give his sentence. i want to ask you about the aggravating factors that was cited by the defense attorney, excuse me, the prosecution, matthew frank on behalf of the floyd family. and that involved the presence of the other law enforcement officers, why, from your perspective is that an aggravating factor that should push the sentence beyond the sentencing guidelines from the presumptive sentence? >> i think when we look at this
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in retrospect the three other officers on that scene who quite frankly could have taken some action to prevent that political event coming to the tragic end that it came to. i think the fact that they did not but of course they're going to have their own day in court and they're going to have to make their own defense. i think when you look at that as an aggravating piece of all of this, it is not a good optic for that scene. it certainly was not a good optic for the public safety community at large because we all have a responsibility. if we see a fellow officer acting out in a way that is unbecoming, we have a responsibility. it shouldn't just be poll sichlt it should be within you. it should be ethical to you to say, hey, this has to stop. we're not going to do this. >> and they came out. i want to come back to a point that i thought was pretty interesting which was derek
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chauvin's mother speaking and not at least from my watching that and you could be wrong, but you tell me your opinion, not expressing any emotion to the floyd family about their loss as well in addition. and i'm wondering whether you noticed that as well. i know she defended her son, certainly emotionally. but it was also what she didn't say that i was wondering could that have been a factor in presenting to the judge? >> well, i certainly think it was a factor in derrick shoef derek chauvin's upbringing to realize the atrocities committed by her son against george floyd and many other people to simply say that a long sentence will be a sentence for her. that is absolutely absurd. and so it speaks to this notion of what is happening inside of white households when they have the opportunity to teach their children empathy, to teach them about racial justice, to teach them about compassion for other
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people. it was very distressing for me as a black woman that lives in minneapolis, who has been out on the front lines to witness the statement by his mother. in terms of the question that you raised earlier about the aggravating circumstances involving three or more officers being present. i think that aggravating factor speaks to what some of us feel is a gang culture mentality that exists within parts of many police departments. where you have a squad car that shows up on the scene. maybe they are dealing with someone in a judicious manner. suddenly when multiple squad cars show up, there is more attention and sometimes that leads to brutality on the parts of those officers. if we think back to what happened with rodney king, very similar in terms of multiple officers kicking and beating a black man lying in the prone position. >> we should note we're about four minutes behind schedule here in terms of the return of judge peter cahill to give that
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sentencing. we finally now have a live feed coming out of the courtroom. we'll keep an eye on it once the hearing resumes we'll take through live. let's talk post sentencing here. the floyd family talked about what justice means for them. but also the impact of this moment in the impact of this mo in our country and where we go forward. reverend al talked about that briefly. i want to get your thoughts. what does not just the immediate sentencing in delivering justice to the floyd family mean but what is it going to take? and does this set a precedent, do you think, for other cases of similar magnitude? >> well, i think that a sentence of 30 years or more would bring not a sense of justice. justice would be getting floyd back, which can't happen at this point, but a sense of accountability. derek chauvin became the first white officer in the state of minnesota to even be convicted for killing a black person. and so the fact the jury came back with three guilty verdicts in the case and now derek
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chauvin will be sentenced to prison has already made history -- >> we're back in session. >> i apologize to interrupt. let's go back into the hearing and listen to judge peter cahill deliver his sentence. >> first of all, i wanted to thank everybody for being here and providing the input you did. not just the people in the courtroom here but also those who provided written statements both from the floyd family and the defendant's family. i've read all of the impact statements that were submitted earlier and listened carefully to all the input here today, and it is truly appreciated that you took the time to stay with this case and to provide me with input. i have reviewed the presentence investigation and carefully considered all the facts in the case and the law, but my comments are actually going to be very brief. because most of it's going to be in writing.
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i have a 22-page memorandum that will be attached to the sentencing order. and why am i doing it in writing? to emphasize the fact that determining the appropriate sentence in any case, and in this case, is a legal analysis. it's applying the rule of law to the facts of an individual and specific case. and that is why as opposed to trying to being profound here on the record i prefer that you read the legal analysis that explains how i determined the sentence in this case. what the case or what the sentence is not based on is emotion or sympathy but at the same time i want to acknowledge the deep and tremendous pain that all of the families are feeling especially the floyd
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family. you have our sympathies. and i acknowledge and hear the pain that you are feeling. i acknowledge the pain of those not only in this courtroom but the floyd family who are outside this courtroom and other members of the community. it has been painful throughout hennepin county, throughout the state of minnesota, and even the country. but most importantly we need to recognize the pain of the floyd family. i'm not going to attempt to be profound or clever, because it's not the appropriate time. i'm not basing my sentence, also, on public opinion. i am not basing it on any attempt to send any messages.
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a trial court judge, the job of a trial court judge, is to apply the law to specific facts and to deal with individual cases. and so, mr. chauvin, as to count one, based on the verdict of the jury finding you guilty of intentional second-degree murder while committing a felony, it is the judgment of the court that you now stand convicted of that offense. pursuant to minnesota statute section 60904 counts two and three will remain unadjudicated as they are lesser offenses of count one. sentence for count one, the court commits you to the custody of the commissioner of corrections for a period of 270 months, that's 2-7-0. that is a ten year addition to the presumptive sentence of 150
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months. this is based on your abuse of a position of trust and authority and also the particular cruelty shown to george floyd. you were granted credit for 199 days already served. pay the mandatory surcharge of $78 to be paid from prison wages. you are prohibited from possessing firearms, ammunition, or explosives for the remainder of your life. provide a dna sample as required by law, register as a predatory offender as required by law, and you will receive a copy of the order and also the attached memorandum explaining the court's analysis. anything further from the state? >> if this needs to be done, we ask that it be executed forthwith. >> transported back to the doc or which ever custody currently holding him. anything from the defense? >> no, your honor. >> thank you. we are adjourned.
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>> former minneapolis police chief derek chauvin sentenced to 270 months according to judge peter cahill there inside the courtroom. you are just watching his sentence hearing. it has been adjourned. 270 months. by my count, 22 1/2 years with 199 days already served. quite a stunning moment there. not what the family had asked for. they had asked for the maximum sentence of 360 months, which would have been 30 years. we'll have reaction to all of that in just a moment. i do want to cross over to meagan fitzgerald in george floyd square for reaction to how that played out. meagan? >> reporter: there was a group watching closely as the judge delivered that verdict. a lot of sighs. there was a lot of disappointment. a lot of people not happy with what they heard. but the crowd, as you can see here, relatively calm.
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given the fact that just moments ago they were calling for 30 years. that's what they were chanting. i want to bring you out here and show you where we are. this is george floyd square and it has remained open to the community here to traffic or to cars to come through here. but the sentiment still remains in this area here. people coming here to remember george floyd's life. people coming here to pray and also to remember the lives of other people killed at the hands of police. today i talked to many people here who said, listen, it was important for them to be here because today in some ways was closure. i want to pull you over here to see more chants for george floyd. listen in real quick. >> no justice -- >> no peace! >> no justice! >> reporter: it's really apparent you can see the emotion that exists from the people who gathered here today to be here.
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in many ways this was sort of closure. it was the sentencing the wrapping up of this long experience that's been traumatic for a lot of people here. there are three more officers at that will be tried in the next coming months, next year in march. we're looking at a crowd relatively calm but disappointed because it's not the sentence they asked for and hoped for. >> stay with me. i want to go back to cedric alexander. your reaction to the sentencing, 270 months for former police officer derek chauvin? >> certainly for some people in the community, across the country, it will not be enough. to others it will suffice. but i think the key here is you heard me saying earlier, ayman, the fact that you had derek chauvin here convicted of this heinous act and sentenced based on a judge who was very clear the decision was not going to be
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based on emotion and was not going to be based on public opinion, but it appears from all appearance that he gave what he felt was appropriate. and derek chauvin had the opportunity, as any other american would have in this country, he had to -- he had to go to trial and he was convicted and he received this sentence. for those of us who like to say we believe in law and order, for those of us who like to say we believe in the rule of law, we just saw it carried out and the facts of what they are in this case and, unfortunately for the floyd family, they will never see their loved one again and, hopefully through all of this that we have witnessed and we have experienced since may 25th of 2020, is that not just for us to move forward but continue to look at how we're going to reform and reimagine policing in
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the future. as we move in this time that we're in. the courts have spoken and no one will be totally satisfy. the judge gave out 22 1/2 years to derek chauvin and that's closure to that case. the real story will continue as we move towards rehe form. >> cedric alexander, thank you for your insight and your analysis on that. it has been a historic hour, 22 1/2 years, former police officer derek chauvin, sentenced to prison. i'll see you back here next week. "deadline white house" with nicolle wallace after this break. hi, everyone. it's 4:00 in the east. we are picking up the coverage of breaking news from just a couple minutes ago. the decision from the judge delivering a sentence of 22 1/2 years in priso
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