Second Degree Murder, Mr George Floyd, Attorney discussed on Anderson Cooper 360
We'll play some of that Miguel. Thank you more now. From Keith Ellison Minnesota's attorney general, he spoke earlier today the quote tremendous sense of weight. He feels at this moment. Attorney General Ellison. What made you decide to upgrade the charges? Second degree murder against ex officer Shelvin. Well, we evaluated all the incoming evidence We evaluated You know a lot of material There's a range of it. medical reports medical examiner reports. Videotape all kinds of information that we felt that the proper charge would be second degree murder. And that it would be proper to charge of the other three with aiding and abetting in that edge. You know the the family of Mr Floyd. His attorney had wanted first degree murder charges that would have required that that that officer chauvinist that it was premeditated than there was premeditation I. Assume you found no evidence of premeditation. Not No we as this time, no the investigation is ongoing. We find evidence which would support that charge. We would charge it. I'm committed to holding. The defendants accountable at the highest ethical charge meaning that the charges have to be supported by the facts have to be supported by the law. But if it's there, we would charge it. We would not hesitate if we found. The information disappointed the other three officers. What should they have done? In the circumstance? I know one of the criminal complaint. One officer raise concerns about about Mr. Floyd asked if asked I guess chauvinist, if he should be turned on his side and show, and said words the effective He's staying right where he lives. Well. The case they continue to sit on his body, which affected his his ability to of. The we consider that aiding the the fact that they've never rendered aid. Their departmental policy to do so and to intervene had responsibility intervene, give aid, and They didn't do so and so in. Affirmatively assisted in the assault which? Resulted ultimately in the death of Mr Floor. Is it clear I mean I? Find it just so stunning that not only did Mr Show Been Sit with his knee on Mr flies neck for more than eight minutes, but that two more than two minutes and forty seconds almost three minutes of that time was after he was non responsive, and after they knew he did not have a pulse or could not find a pulse. If any of the officers had at least at that point tried to assist Mr. Floyd. I'm the fact that nobody tried to assist Mr Floyd after they knew he didn't have a pulse is. Just inexplicable to me. I think many people around the world. Make. They'd say. You've also. Pointing out how difficult it is! To convict a police officer, I believe Minnesota's only happened once and I know the prosecutor. That is appointed to. This was the prosecutor who was able to get that conviction I heard you say earlier. Can you just talk about why it is so difficult? Because obviously for any criminal justice reform accountability is essential and just moving forward for the future. It's good to know why it's so hard to connect plays. Well I mean. Why don't we all raised to believe that? If you have a problem, the people you should call the police. Juries tend to resolve doubts in favor of a police. Where there's a credibility dispute. They have Tennessee to believe the police There are many times when that credibility is not deserved or warranted in individual cases, and so that that is one of the issues the other is is that Many kind of immunity sort of did. The police are legally authorized to use force in circumstances beyond that of citizens. All these things kinda conspire, and then of course in some cases around the country, their police departments have a very cozy relationship with other people who political economic power so you know they look out for them, and so the net effect is that have been very difficult to hold the police accountable, even when there is a violation of law, you think you look at the wall Scott case. You have you? What have you told the family in this case about the chances of getting a conviction? Well! You know what I do and don't really lay odds on that. What I say is that we are going to. Prepare. We're going to organize. We are going to make sure we put on the best case we possibly can. We are going to check every link in the prosecutorial chain to make sure it's tight, and then at the end of the day it's really in the hands of the jury, and so we and we believe that people are fair. If we can help the jury, understand what's really happening here with their duties and obligations are we're confident we will. Get that conviction turning journal. I. Appreciate Your Time, thank you. Thank you sir. More now on making these four cases joining US CNN legal analyst and former federal prosecutor coats also Gloria Browne Marshall. She's a constitutional law professor. John Jay College Criminal Justice here in New York author of Race Law in American Society Sixteen. No seven to present lor your reaction to What the Attorney General did today. the chargers now as they stand. Well. Two thanks I in Minnesota. Maybe people don't realize that the third degree murder charge was not going to be able to stand regardless that would require you to have both and intent the intent on intentional act of killing, but also to act with a depraved indifference meaning that you intended or didn't intend is all very waffly language, but reality in Minnesota. You cannot think about third degree murder without thinking about the. Examples of say shooting into a crowded space or driving down the wrong side of the highway. Those types of crimes are contemplated when you intend to harm maybe someone, but no one in particular in third degree murder charges in Minnesota. Focusing on one particular target, you cannot actually charge that, so it was probably an era to do so in the first place by the attorney by the head of the counting attorney, but second degree murder Minnesota has two different ways to get to it Anderson either intentional, which does not require premeditation or unintentional, which we're actually seeing charge here based on a felony or the attempt to commit a felony. What we're seeing the being is. 'cause of assaulting Mr George Floyd close to dad, causing great bodily harm in fact debts, and so I think this is the right charge to make. The accomplished liability is also commensurate with what we actually are seeing here, and it was necessary and one that could potentially go up higher to premeditated, but what we see right now. He's made the right call. Professor mean there's there's a lot we've seen. What's in the criminal complaint? There's a lot we still don't know about this interaction. Something happened in a police vehicle BECAUSE MR floor was up in the backseat, a police vehicle for a while, before being brought back outside, and and and put on the ground, and killed I assume that will come out in the trial, and who knows which way that will will move any potential juror jury, but I'm wondering what you make of what we saw today of the.