Criminal justice attorney Joe Friedberg was on WCCO Radio this evening discussing the arrest and prosecution of former Minneapolis Police officer Derek Chauvin.
Chauvin, who has been charged with third-degree murder, was involved in the arrest that led to the death of George Floyd.
“There is no reason for Derek Chauvin to be charged with third-degree murder,” Friedberg said, “because he can not possibly be convicted of third-degree murder.”
Friedberg called out Hennepin County Attorney Mike Freeman. Friedberg claims that Freeman has no business being the person who prosecutes the people he works with every day. He calls Freeman’s charge of third-degree murder a “huge legal mistake.”
“He should be charged with either of two or both subdivisions of second-degree murder,” Friedberg said.
Many in Minnesota have continued to protest calling for the arrest and prosecution of the other three officers who were involved in Floyds arrest and death.
Third-degree murder is only a charge in certain states according to Friedberg. One reason that he says Freeman’s charges against Chauvin were a mistake is that the charges do not allow for the prosecution of accomplices.
“You can’t have accessories to third-degree murder,” Friedberg said, “you also can’t have accessories to second-degree manslaughter.” Both are charges that have been brought against Chauvin.
Friedberg thinks that Chauvin should be charged with second-degree murder. This would allow for the remaining three officers to be convicted by proving that they were helping him commit the felony of mistreatment of a person confined, as accessories.
“Apparently it's confusing and difficult for county attorney Freeman,” Friedberg said.
Friedberg does not think that officers should be prosecuted in the same county that they work. This can lead to ineffective charges against officers.
“The county attorney and the county that the officers practice their police work in should not be the prosecutor of those cops,” Friedberg said. He then brought up a similar case that happened in Washington County when an officer was charged and Washington County took themselves out of the case.
Friedberg voiced his concern for the charges that have been brought against Chauvin and hopes that Freeman will make changes otherwise Chauvin might walk free.
“The charges will have to be changed otherwise he will go free,” Friedberg says.
