Derek Chauvin's attorney says the ex-cop was the product of a 'broken system' and shouldn't go to prison. Prosecutors say he should get 30 years.
Meanwhile, the Justice Department is investigating the Minneapolis Police Department for a systemic violations of people's civil rights.In Wednesday's filing, Nelson wrote that Chauvin was born to a "loving mother, father, and sister," served in the military, and received high scores on reviews during 19 years as a police officer."In the eyes of the public, Mr. Chauvin has been reduced to this incident, and he has been painted as a dangerous man," Nelson wrote.
"Mr. Chauvin has the support network he needs to succeed as he moves past this incident," Nelson wrote. "Therefore, probation is appropriate for Mr. Chauvin." Floyd was handcuffed, facedown on the street, after Minneapolis police officers responded to a convenience store's complaint that he had used a counterfeit $20 bill.
In arguing for the maximum sentence, prosecutors wrote that Chauvin's abuse of trust and the manner in which he killed Floyd, "was especially heinous because it was viewed by children, who risk being traumatized for the rest of their lives."The appeal to sympathy is unlikely to be effective, said Joseph Daly, a professor with the Mitchell-Hamline School of Law in neighboring St. Paul.
Judges sometimes lower a prison sentence when a defendant accepts responsibility for his actions. Though the federal case means Chauvin would be unlikely to admit responsibility, "you see the opposite of that in this memo," Moriarty said. She said the filing demonstrates the privilege Chauvin has compared to those who truly are victims of a "broken system" – people who can't afford to get bailed out of jail as they await trial and can't easily be "properly dressed" in court, as Nelson described Chauvin in his memo.Armstrong said it is clear that Chauvin is the "poster child for why the system is broken.
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