Derek Chauvin guilty on all counts in death of George Floyd

Defense attorney Eric Nelson argued for a mistrial over comments Rep. Maxine Waters made regarding the trial over the weekend.

“We’ve got to stay on the street, and we’ve got to get more active, we’ve got to get more confrontational,” Waters said at a demonstration in Brooklyn Center, Minnesota, on Saturday night when asked what protesters should do if Derek Chauvin is found not guilty.

Nelson brought up the comments after the jury was sent to deliberations Monday, saying he interpreted them “to be threats against the sanctity of the jury process” by “demanding that if there’s not a guilty verdict that there would be further problems.”

Judge Cahill denied the motion for a mistrial, saying jurors had been instructed not to watch the news and therefore couldn’t be prejudiced by the comments, but noted that “Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned.”

“I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law, or to the judicial branch in our function,” he later added. “I think if they want to give their opinions, they should do so in a respectful, and in a manner that is consistent with their oath to the Constitution.”

After closing arguments from the prosecution and the defense, jurors were sent to deliberate the case against Derek Chauvin.

“The state of Minnesota and the Defendant have a right to demand, and they do demand, that you will consider and weigh the evidence, apply the law, and reach a just verdict regardless of what the consequence might be,” Judge Cahill instructed the jury. “You must be absolutely fair. Remember that it is fair to find the Defendant guilty if the evidence and the law require it. On the other hand, it is fair to find the Defendant not guilty if you are not convinced of his guilt beyond a reasonable doubt.”

“Now, members of the jury, the case is in your hands as judges of the fact,” he said. “I’m certain that you realize this case is important, serious, and, therefore, deserves your careful consideration.”

The jury will be sequestered until jurors reach a verdict.

Closing arguments have wrapped. Judge Cahill is now handing the case over to the jury.

In the prosecution’s rebuttal, Minnesota Assistant Attorney General Jerry Blackwell brought "common sense" as the 46th witness in the case, stating that even a 9-year-old girl who witnessed Floyd’s death told Chauvin to get off of him.

"Why is it necessary to continue applying deadly restraint to a man who is defenseless, who is handcuffed, who is not resisting, who is not breathing, who doesn't have a pulse, and to go on and do that for another 3-plus minutes before the ambulance shows up, and then to continue doing it?" Blackwell asked. "How is that a reasonable exercise in the use of force?"

Blackwell also disputed Nelson’s portrayal of Chauvin as a reasonable police officer, saying the defense did not give the jury “the whole truth.”

"Notice how when you had the discussion about reasonable officer Mr. Chauvin, the whole narrative cut off before we get to the point that Mr. Floyd was not moving, that he was not conscious, that he didn't have a pulse, and Mr. Chauvin was still on top of him when the EMTs showed up, and he did not get off of him," Blackwell said. "How is that what a reasonable officer does?"