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Why did Derek Chauvin plead the Fifth? Defense rests case after former police officer refuses to testify

By invoking his Fifth Amendment rights, Chauvin, the accused killer of the 46-year-old African-American man George Floyd, prevented himself from a minute questioning of his actions and thinking by the prosecution’s cross-examination
PUBLISHED APR 16, 2021
Derek Chauvin is facing second and third-degree murder and manslaughter charges over the death of George Floyd (Getty Images)
Derek Chauvin is facing second and third-degree murder and manslaughter charges over the death of George Floyd (Getty Images)

Former Minneapolis officer Derek Chauvin, who has been charged with the May 2020 death of George Floyd, has chosen not to testify in his murder trial. On Thursday, April 15, the defense rested its case after calling the last witness to present their testimony and Chauvin said he would invoke his Fifth Amendment right.

The accused killer of the 46-year-old African-American man said he would exercise his constitutional right against self-incrimination. By invoking the Fifth Amendment, Chauvin also prevented himself from a minute questioning of his actions and thinking by the prosecution’s cross-examination. He told Judge Peter Cahill, “I will invoke my Fifth Amendment privilege today.” When the judge confirmed by asking, “Is this your decision -- not to testify?” He replied, “It is, your honor.”

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The recorded videos from May 25, last year, showed the 45-year-old kneeling on the neck of Floyd for more than nine minutes while arresting him for allegedly using a fake $20 bill. The Black man was also heard saying, “I can’t breathe” as Chauvin allegedly used excessive force on him, which resulted in his death.

Currently, he is facing second-and third-degree murder and manslaughter charges over the death of Floyd, which he has denied. After standing trial, he has not publicly defended himself. The only time he was heard justifying himself was when the jury listened to body camera footage in which, after an ambulance took Floyd away, Chauvin said to a bystander “We gotta control this guy cause he’s a sizable guy and it looks like he’s probably on something.”

A protester holds a sign with a photo of former Minneapolis police officer Derek Chauvin during demonstrations following the death of George Floyd on May 30, 2020 in Los Angeles, California (Getty Images)

As per reports, Judge Cahill granted Friday, April 16, off to the racially diverse jury which included nine women and five men before both the defense and the prosecution make closing arguments on Monday, April 19. After that, the case will be transferred to the jurors, who were told by the judge that they would be secluded for their consideration. Judge Cahill also asked them to “plan for long and hope for short” while packing their bags.

It has been said that to prove Chauvin guilty of second-degree murder, jurors must establish the fact that the accused was responsible for Floyd’s death “while committing or attempting to commit a felony offence”. If convicted, the ex-officer would face up to 40 years behind bars. In addition, regarding the third-degree murder charge, which carries a maximum jail time of 25 years, the jury has to find that Chauvin committed an “act eminently dangerous to others … without regard for human life”. However, the second-degree manslaughter charge, which means up to ten years behind bars, means prosecutors need to prove that Chauvin took “an unreasonable risk” that risked Floyd’s life.

A woman holds up a portrait of George Floyd as people gather outside the Hennepin County Government Center on April 9, 2021, in Minneapolis, Minnesota (Getty Images)

Meanwhile, three other officers who were at the scene with Chauvin when Floyd died will face the trial together later this year. Former officers J. Alexander Kueng, Thomas Lane, and Tou Thao are facing charges of aiding and abetting murder and manslaughter. While Kueng and Lane reportedly helped Chauvin in restraining Floyd, the third one stopped witnesses from interfering with the detention.

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