WATCH LIVE: Key Moments in the Derek Chauvin Murder Trial | Top News
Published Date: 4/16/2021
Source: Bloomberg Quicktake: Now
(Apr. 16) The former Minneapolis police officer charged with murder in George Floyd’s death said Thursday that he won’t testify in his own defense, invoking his right to remain silent and leave the burden of proof on the state. It was a high-stakes decision. Taking the stand could have helped humanize Derek Chauvin to jurors who haven't heard from him directly at trial, but it could also have opened him up to a devastating cross-examination. “'We have gone back and forth on the matter' would be kind of an understatement, right?” defense attorney Eric Nelson asked Chauvin in court, without the jury present. “Yes it is,” Chauvin replied. Chauvin is charged with second- and third-degree murder and manslaughter. Here's a look at some of the issues that likely went into Chauvin's decision not to take the stand: Images from bystander video of Chauvin pinning Floyd to the pavement, his face impassive, have been played nearly every day at trial and are likely seared into the minds of many jurors. The face mask Chauvin has been required to wear in court because of the pandemic has hidden any possible display of emotion during testimony. Taking the stand would have given him a chance to explain the video and show another side, maybe giving the jury a reason to convict him only of manslaughter. “He has nothing to lose, given that that video is so damaging,” Phil Turner, a former federal prosecutor in Chicago, said earlier this week. “You’ve got to get up there and give an explanation. It’s a no-brainer.” Multiple witnesses and video evidence have shown Chauvin pinning Floyd for almost 9 1/2 minutes, well beyond the time Floyd stopped moving and a fellow officer said he could not find a pulse. Answering sympathetic questions from his own lawyer wouldn’t have been a problem. But cross-examination could have increased his odds of conviction. Prosecutors could have played the bystander video of Chauvin, who is white, pinning Floyd — a Black man — and paused it every few seconds to ask why he stayed on top of Floyd. As the defense developed its case — through cross-examination of the state’s witnesses and its own witness testimonies — the need for Chauvin to testify faded, Minnesota defense attorney Mike Brandt said. Chauvin surely would have been subjected to a “very thorough, probing and brutal” cross-examination from the prosecution, Brandt said. --- Subscribe to our YouTube channel: https://bit.ly/2TwO8Gm Bloomberg Quicktake brings you live global news and original shows spanning business, technology, politics and culture. Make sense of the stories changing your business and your world. To watch complete coverage on Bloomberg Quicktake 24/7, visit http://www.bloomberg.com/qt/live, or watch on Apple TV, Roku, Samsung Smart TV, Fire TV and Android TV on the Bloomberg app. Connect with us on… YouTube: https://www.youtube.com/user/Bloomberg Breaking News on YouTube: https://www.youtube.com/c/BloombergQuickTakeNews Twitter: https://twitter.com/quicktake Facebook: https://www.facebook.com/quicktake Instagram: https://www.instagram.com/quicktake