With tensions over the recent Dauante Wright shooting further fanning the flames of Derek Chauvin’s trial, the entire country is on edge for the case’s outcome expected next week. To get some more insight into the complexities of the courtroom, WCCO’s Paul Douglas sits down with retired Hennepin County Court Judge Bruce Peterson to get his take on the final arguments.
Judge Peterson said that the defense team didn’t do anything that surprised him. He referred to the defense’s case as a “three-legged stool,” in which they came from every possible angle to find a defense that would stick with the jury.
“So I think he followed up with what he said he was going to do. The big surprise, of course, would have been if Derek Chauvin had testified,” Judge Peterson said. “And I think, you know, I think certainly just as a community, we all hoped he would testify.”
Judge Peterson amended that he wasn’t all that surprised to hear Chauvin wouldn't testify.
“I mean, the cross-examination from the prosecution could have been devastating,” said Judge Peterson. “So I understand perhaps why he chose not to testify.”
Throughout the trial, procedures have been followed as closely as possible. Judge Peter Cahill has emphasized Chauvin’s courtroom rights many times, which includes invoking the 5th amendment.
“. . .The fact of that video, there were several, but particularly the bystander video changed everything about this case. The whole case would have looked differently. Without that, the jury would be trying to picture what happened,” Judge Peterson said. “But with that video, the prosecution with him on a big screen in front of the jury. . . the prosecution would have been able to point out every sign of distress from, uh, Mr. Floyd and everything he could've done and didn't do. So. I think the video once again dictated the flow of the case.”
When it comes to the possibility of a mistrial, Judge Peterson said it is very rare and shouldn’t be expected. He did say that we ought to expect a jury result by late Monday night or Tuesday.
“I would expect a verdict by late, late Monday or Tuesday, and if it doesn't come, then that means there are people who are essentially advocating for the defense position. The jury is gonna have to work through it longer,” said Judge Peterson.
Judge Peterson then addresses the charges and says that a “substantial causal factor” would apply to all charges. The thing that Judge Peterson says complicates the trial would be Floyd’s underlying heart condition and drug use, which is the defense’s “alternative” cause of death.
Many of the charges, however, rely on the ‘intent’ of the action. Of course, the meaning of the word ‘intent’ has come up during the trial.
“Uh, the defense has indicated it requires a purpose to hurt somebody, or certainly at least a belief that what you're doing is will hurt somebody,” Judge Peterson said. “The prosecution has argued that the intent is only a requirement to do the thing.”
Despite the obvious gravity of the case, Judge Peterson says that the trial process has been very professional and highlighted his belief that Judge Cahill will lead the court in an honorable way.
“Judge Cahill has a wonderful example of a thoughtful patient but firm judge, who knows what he's doing, controlled things, made sure everybody was treated fairly. You saw him stick up for the defendant's rights when it was when it was important,” said Judge Peterson.
Judge Peterson also said that he felt saddened by the recent death of Daunte Wright and following protests. During an already difficult trial, only more discussion of police misconduct is on the rise.
“It's just I'm afraid the take-away from the trial. . . for much of the world is not that it was a fair, honest, honorable proceeding by good people and good jurors who expressed their willingness to do this work with good faith,” said Judge Peterson. “Now the take-away is, oh, there is Minneapolis again.”