UnCommon Law

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11. The Defense Rests Its Case in the Derek Chauvin Trial Apr 15, 2021

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Defense attorney Eric Nelson has a big task to accomplish this week in the murder trial of former police officer Derek Chauvin as he set out to rewrite the narrative of George Floyd's final moments that prosecutors diligently laid out over a two-week period.

All told, the prosecution called nearly 40 witnesses to the stand over the two weeks, including fellow police officers, medical experts and eyewitnesses as young as nine years old. The defense took just two days to call seven witnesses.

Nelson argued that Floyd died of a sudden cardiac arrest caused by a combination of fentanyl, methamphetamine, high blood pressure, an enlarged heart, and adrenaline—and not by his restraint by Chauvin, who was filmed kneeling on Floyd’s neck and back for more than nine minutes.

Bloomberg Law reporter Ian Lopez joins [Un]Common Law host Adam Allington to discuss what Chauvin's defense team was trying to accomplish as the trial heads toward closing arguments and a verdict that could be returned as early as next week.

10. George Floyd: Minnesota's Spark of Life Testimony Explained Apr 13, 2021

Show notes

The prosecution wrapped up it’s case in the murder trial of Derek Chauvin on Monday, April 12.

Over the course of more than two weeks the jury heard extensive testimony about George Floyd's health problems and struggles with drug addiction. But thanks to an obscure legal doctrine, the jury was also allowed to hear testimony aimed at humanizing George Floyd.

Floyd’s younger brother, Philonise Floyd, took the stand on Monday to share some personal reminisces and reflections, which are permitted under Minnesota’s “Spark of Life Doctrine.”

To hear this kind of testimony during the evidentiary phase of a trial is unusual. That’s because whether George Floyd was a good brother, or liked to play basketball, or made snacks for his siblings, etc…none of that has any bearing on whether Derek Chauvin committed a crime. And, to be clear, it’s not supposed to.

So why is it allowed? Host Adam Allington speaks with Ted Sampsell-Jones, of the Mitchell Hamline School of Law.

9. Derek Chauvin Trial: What You Need to Know Apr 09, 2021

Show notes

Former Minneapolis police officer Derek Chauvin's trial has been a two-week whirlwind of emotional witness testimony so far, including police department officials, bystanders, medical experts, and an overwhelming amount of video evidence.Opening statements from the prosecution used a viral video of Chauvin kneeling on George Floyd's neck for more than nine minutes before his death to convince jurors that the killing was murder, while defense attorney Eric Nelson said the videos did not tell the full story. Witnesses as young as nine years old were called to the stand alongside expert witnesses, including doctors and a pulmonologist.

The chief of the Minneapolis Police Department opened the second week of the trial with his testimony, saying that the tactic used by Chauvin to restrain Floyd, pressing his knee into his neck, did not follow police policy.

“I absolutely agree that violates our policy,” testified Chief Medaria Arradondo at Chauvin’s trial.

Needless to say, a lot has happened in the courtroom, but we are still likely weeks away from a verdict. In this episode of [Un]Common Law, host Adam Allington and Bloomberg Government's Adam Taylor retrace some of the key moments from the first two weeks of Chauvin's trial.

8. Police Training and Use Of Force in the Derek Chauvin Trial Apr 07, 2021

Show notes

The chief of the Minneapolis Police Department testified this week that the tactic used by Derek Chauvin to restrain George Floyd, pressing his knee into his neck, did not follow police policy.

“I absolutely agree that violates our policy,” testified Chief Medaria Arradondo at Chauvin’s trial.

In the second week of testimony in the Chauvin trial, the state called law enforcement experts to testify about policies, procedures, and how officers are trained.

In this episode of [Un]Common Law, we explore the issue of police training, and whether Chauvin’s use of force can be explained by either his training, or as a reaction to events on the ground.

Laura Scarry, an attorney with DeAno and Scarry, LLC who has represented police officers, joins us to talk about how she relies on police training practices to defend her clients. And Randy Shrewsberry, a former police officer and the executive director of the Institute for Criminal Justice Training Reform, tells us about his organization’s studies on use of force.

7. Powerful Testimony From Opening Witnesses in Chauvin Murder Trial Apr 01, 2021

Show notes

Opening statements in the murder trial of Derek Chauvin, began this week.

During his opening statement Monday, Eric Nelson, the attorney for the former Minneapolis police officer Derek Chauvin, indicated that a key part of the defense strategy would be to argue that drugs and health problems caused Floyd's death.

Nelson also claimed that a crowd of onlookers who witnessed Floyd's death made the responding officers worry for their safety and diverted their attention from Floyd.

On Tuesday, Darnella Frazier, who was 17 when she recorded the viral video of Floyd’s death, was also called to testify for the prosecution.

In this episode of UnCommon Law Host Adam Allington speaks with Ekow Yankah, a professor of criminal law at the Cardozo School of Law in New York City and Sheila Bedi, a clinical law professor at Northwestern’s Pritzker School of Law and the director of the Community Justice and Civil Rights Clinic.

6. How ‘Lived Experience’ Impacted Chauvin Jury Selection Mar 26, 2021

Show notes

The jury in the trial of former Minneapolis police officer Derek Chauvin is noteworthy for its diversity. About 13.5 percent of Hennepin County, Minnesota is African American and, of the 15 jurors (including the three alternates), nine are White, four are Black and two are mixed race, according to the court.

Still, many experts, including Andrew Gordon, a Deputy Director at The Legal Rights Center in Minnesota, have noted that the process of seating the jury in the Chauvin case, as well as many other cases, often leaves African Americans out because it fails to seat jurors with "a diversity of lived experiences."

Gordon is our guest on this episode of [Un]Common Law.

5. All Eyes On Minnesota As Police Reforms Go Into Effect Mar 24, 2021

Show notes

Jury selection in the Derek Chauvin case wrapped up Tuesday, March 23.

Of the 15 jurors selected thus far, two are white men, three Black men, one Black woman, six are white women and two are multiracial women, according to the court.

George Floyd's death last May at the hands of Minneapolis police officers has made Minnesota ground zero for the debate over police reform, and specifically policies involving use of deadly force.

In the months since Floyd’s death a number of new state laws and policies have gone into effect and law enforcement experts are watching to see if the changes will be successful at rebuilding trust between police and communities of color, while also providing officers the protection they need to engage with dangerous suspects.

In this episode with speak with:

Stephen Joyce, Midwest Correspondent for Bloomberg Law.

Arthur Ago, a former public defender and director of the Criminal Justice Project at the Lawyers' Committee for Civil Rights Under Law.

4. ‘Defund the Police’ Efforts Pitting Cities Against States Mar 19, 2021

Show notes

In the aftermath of Floyd’s death, citizens across America took to the streets to demand police reform and accountability. Now almost a year later dozens of cities and states have changed policies, or enacted laws that restrict the use of violent force by police.

In addition to municipal and state level changes, in March the House of Representatives passed the George Floyd Justice in Policing Act of 2021, which was passed on March 3. What are some of the key aspects of that bill?

But while many Democrats are touting the bill, a broader pushback against the “defund the police” movement is springing up in a number of GOP-lead statehouses that aim discourage or punish cities seeking to cut police budgets, by withholding state funding.

In this episode we speak with: Ayanna Alexander, BLaw social justice reporter. Greg Casar, a member of the Austin City Council, and Robert Blaine, director of the Institute for Youth Education and Families at the National League of Cities.

3. Why It's Difficult to Prosecute Chauvin Despite Video Mar 17, 2021

Show notes

Prosecutors seeking to criminally charge police officers face a number of obstacles. There is a high bar when it comes to proving intent, and police officers are generally granted leeway in what many consider to be a difficult job that requires split second decision making. Moreover, law enforcement officers place citizens under restraint tens of thousands of times every day. And even then, in the rare cases when that action results in death, proving that someone died specifically because of the restraint is rarely cut and dry.

In this episode of [Un]Common Law, we talk with Professor Ekow Yankah, a criminal procedure expert at Yeshiva University’s Cardozo School of Law about the legal distinctions that make it difficult to criminally prosecute police. We also speak with Brad Colbert, a professor of law at Mitchell Hamline School of Law, about the specific differences between the charges Derek Chauvin is facing under Minnesota state law.

2. Who is Peter Cahill?: The Judge On The Chauvin Trial Mar 12, 2021

Show notes

The third-degree murder charge against Derek Chauvin have been reinstated. This is in addition to charges of second-degree murder and second-degree manslaughter. As of March 11, there was no appeal from defense, and jury selection is moving forward. But what do we know about the man overseeing the murder that launched last summer’s protests following the killing of George Floyd?

Speaking from behind a plexiglass shield and with cameras rolling for the entire world to watch, the spotlight is on Judge Peter Cahill. In the second episode of the new season of [Un]Common Law, we examine Cahill’s career and the events that led up to him being appointed to try one of the most significant court cases in a generation.

We talk to Mike Bryant, a personal injury and criminal defense attorney based in the Twin Cities, and Nekima Levy Armstrong, a Minneapolis-based civil rights lawyer. And reporter Lydia Wheeler also walks listeners through her recent profile story on Judge Cahill’s reputation and background.

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