THIS
THIS MORNING FORMER MINNEAPOLIS POLICE OFFICER DERRICK CHOVIN IS IN
JAIL AWAITING SENTENCE.
A JURY CONVICTED HIM ON ALL
THREE COUNTS OF MURDER AND
MANSLAUGHTER IN THE DEATH
GEORGE FLOYD CHOVIN BOND WAS
REVOKED AND HE WAS HANDCUFFED
AND USHERED OUT OF THE
COURTROOM AFTER THE VERDICT WAS
READ THE MAXIMUM SENTENCE YOU
COULD FACE 40 YEARS FOR SECOND
DEGREE MURDER.
TWENTY FIVE YEARS FOR THIRD
DEGREE MURDER AND 10 YEARS FOR
SECOND DEGREE MANSLAUGHTER.
BUT THAT DOESN'T MEAN HE WILL
SERVE A TOTAL OF SEVENTY FIVE
YEARS IN PRISON WHICH THAT ADDS
UP TO NINE YEARS.
LEGAL EXPERT WHITNEY TRAYLOR
MATTHEW PROFESSER IS HERE TO
BREAK DOWN WHAT WE CAN EXPECT
IN THE SENTENCING.
WHITNEY, GOOD MORNING.
GOOD MORNING, GARY.
GOOD MORNING, EVERYONE.
FIRST WHY DON'T YOU TALK ABOUT
THE SENTENCING OPTIONS THAT
THAT HE MAY FACE?
SURE.
GARY, YOU LISTED IT CORRECTLY.
IT WAS ON THE THREE CHARGES
ANYWHERE FROM 40 TO 10 YEARS.
NOW THOSE CHARGES ARE THOSE
SENTENCES WILL RUN TOGETHER.
SO THE MOST IS LOOKING AT
REALLY IS 40 YEARS NOW THERE IS
A PRESUMPTIVE SENTENCING
GUIDELINE OF TWELVE POINT FIVE
YEARS IN MINNESOTA FOR A FIRST
TIME OFFENDER WHICH THERE ARE
CHOVIN IS SO THAT IS SORT
OF THE PRESUMPTIVE NUMBER.
NOW WHAT'S HAPPENING NOW OVER
THE NEXT EIGHT WEEKS IS THAT
THE LAWYERS ARE GOING TO BE
BRIEFING THE JUDGE AND MAKING
ARGUMENTS TO THE JUDGE
REGARDING AGGRAVATED
CIRCUMSTANCES.
SO THE PROSECUTION IS GOING TO
SAY HEY, THERE WERE AGGREGATE
AGGRAVATING CIRCUMSTANCES
INCLUDING A CHILD WITNESSING AN
ABUSE OF POWER, GEORGE FLOYD
BEING IN A POSITION OF WEAKNESS
OR VULNERABILITY AND THOSE
THINGS COULD ACTUALLY ENHANCE
THE NUMBER OF YEARS THAT CHOVIN
DID.
SO THAT WILL BE THE ARGUMENT
AND ULTIMATELY THAT WILL BE UP
TO A JUDGE TO DECIDE IN EIGHT
WEEKS.
ALL RIGHT.
VERY GOOD.
SO NOW THIS HAS BEEN ALL OVER
SOCIAL MEDIA, THIS DISCUSSION
MONDAY THE JUDGE EXPRESSED
FRUSTRATION AT CONGRESSWOMAN
MAXINE WATERS OF CALIFORNIA FOR
TELLING PROTESTERS TO STAY IN
THE STREETS IF THE VERDICT WAS
ANYTHING BUT GUILTY.
SO CHOVIN ATTORNEY CLAIMED THAT
HER COMMENTS WERE GROUNDS FOR
MISTRIAL.
THE JUDGE DENIED THAT BUT HE
DID MENTION THAT IT COULD GIVE
THEM SOMETHING TO FILE AN
APPEAL ON.
SO MY QUESTION TO YOU HOW
LIKELY IS IT THAT THAT COULD
REALLY MAKE A DIFFERENCE?
WELL, IT WILL CERTAINLY BE A
BASIS FOR AN APPEAL.
THE JUDGE DENIED THE MOTION TO
DISMISS AS YOU MENTIONED BUT
SAID THIS COULD BE AND SAID
THIS ON THE RECORD THIS COULD
BE A BASIS FOR AN APPEAL TO
REVERSE THE WHOLE THING.
NOW THE QUESTION IS DID MAXIME
OTTER'S COMMENT TO THE JURY DID
IT INFLUENCE THE JURY?
AND I DON'T THINK IT DID.
I MEAN THE JURY KNEW
THE GRAVITY OF THE SITUATION.
I MEAN IF THEY WERE LIVING IN
AMERICA THEY UNDERSTOOD
THE CIRCUMSTANCES UNDER WHICH
THIS CASE WAS BEING PRESENTED.
SO I DO BELIEVE THAT WILL BE A
BASIS FOR AN APPEAL.
I HIGHLY DOUBT THAT IT WILL
HAVE THE IMPACT OR REVERSE
THE THE OUTCOME THAT WE SAW
YESTERDAY TAKING A BIGGER LOOK
AT THE IMPACT OF THIS VERDICT.
SO IS THIS DO YOU THINK THIS IS
A PRECEDENT?
WHERE DO YOU THINK WE GO FROM
HERE?
OH, BOY.
WELL, IT'S INTERESTING.
I MEAN I THINK THE STARTING
PLACE IS THE REACTION THAT WE
SAW YESTERDAY INCLUDING MYSELF
.
I MEAN IT WAS THIS COMPLETE
SIGH OF RELIEF AND I THINK
THAT'S NOTABLE BECAUSE AS A
LEGAL ANALYST AS A LAWYER
I WATCHED THE TRIAL AND
THE EVIDENCE WAS OVERWHELMING
AND SO ESSENTIALLY THE SYSTEM
WORKED THE WAY IT WAS SUPPOSED
TO.
AND I JUST THINK IT'S NOTABLE
THAT THERE'S SUCH EXCITEMENT
AND SUCH THERE WAS SUCH A
QUESTION OF WHETHER OR NOT IT
WOULD BE A GUILTY OR NOT GUILTY
VERDICT.
AND I THINK THIS IS JUST REALLY
ILLUMINATES SOME OF THE ISSUES
THAT WE HAVE IN THIS COUNTRY
AROUND RACE.
AND TO ME I THINK IT REALLY
HIGHLIGHTED THIS FEAR, THIS
FEAR THAT PARTICULARLY AROUND
BLACK MEN I MEAN THEY TALKED
ABOUT HE HAD SUPERTWINS YOU
KNOW, GEORGE FLOYD HAD
SUPERHUMAN STRENGTH AND HOW HOW
BIG HE WAS AND THEY EVEN SAID
THOSE THINGS ABOUT ELIJAH
MCCLAIN WHO WAS ONLY ONE
HUNDRED AND FORTY POUNDS.
AND I THINK THESE SORT
OF STEREOTYPES AND NARRATIVES
HAVE COME COME TO PLAY IN THESE
THE FEAR THAT WE'RE SEEING BOTH
FROM THE POLICE AND SOCIETY AT
LARGE I THINK IS REALLY
CONTRIBUTING TO THIS DIVIDE
THAT WE'RE SEEING AND AND WE
ARE COMPLETELY POLARIZED.
BUT I I'M HOPEFUL THAT THIS IS
A STEP IN THE RIGHT DIRECTION
AND THESE CONVERSATIONS REALLY
LEAD US TO A PLACE OF CONTACT.
I MEAN I THINK THE ONLY WAY WE
MOVE FORWARD IS TOGETHER AND
THE ONLY WAY WE DO THAT
TOGETHER IS IF WE ACTUALLY HAVE
CONTACT.
THE FOLKS WHO HAVE THESE FEARS
TOWARDS BLACK MEN I WOULD
ALMOST SAY WHO DO YOU HAVE IN
YOUR PERSONAL LIFE AND DO YOU
KNOW DO THE PEOPLE THE BLACK
MEN THAT YOU KNOW IN YOUR
PERSONAL LIFE REFLECT THE FEARS
THAT YOU HAVE?
AND SO I'M JUST HOPEFUL THAT WE
CAN LOWER THE TEMPERATURE AND
HOPEFULLY START TO MOVE FORWARD
TOGETHER BECAUSE THAT'S
THE ONLY WAY WE'RE GOING TO