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question everything

(47,472 posts)
Wed Jul 14, 2021, 06:24 PM Jul 2021

Judge won't change 'trauma' wording in Chauvin memo

MINNEAPOLIS — The Minnesota judge who oversaw the trial of Derek Chauvin is denying prosecutors' request to rewrite his sentencing order as it relates to the four girls who saw George Floyd's death, saying Tuesday that they may have been emotionally traumatized but that the state failed to prove it.

Attorney General Keith Ellison wrote last week that he wasn't seeking to change Chauvin's 22 1/2-year sentence, but he asked Judge Peter Cahill to modify his sentencing order to remove suggestions that the teens and young girl were not traumatized. He cited research showing children process trauma differently from adults, and that adults tend to discount the impact of trauma on Black girls.

Cahill denied that request Tuesday, saying Ellison's mischaracterization of his sentencing order and the "tone and substance" of Ellison's request necessitated a response. Cahill wrote that he never said the four girls were not traumatized, but instead said evidence at trial did not present any "objective indicia of trauma."

(snip)

Cahill also found the presence of children at the scene was an aggravating factor, but didn't justify a longer sentence. He agreed with the defense that the girls were free to leave at any time, and said the prosecution's evidence didn't establish that they had been traumatized. He noted that two were seen smiling and laughing as officers kept Floyd pinned down.

(snip)

He said that during sentencing, he explicitly said Chauvin's sentence was not intended to "send a message." He added the presence of the four underage girls was not a substantial and compelling reason for a longer sentence.

https://www.startribune.com/judge-wont-change-trauma-wording-in-chauvin-memo/600077632/?refresh=true

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Judge won't change 'trauma' wording in Chauvin memo (Original Post) question everything Jul 2021 OP
Deleted Fullduplexxx Jul 2021 #1
That's not what he's doing at all, far from it. What he's trying to do Ocelot II Jul 2021 #2
Holy crap ... boy did I read that wrong....thank you Fullduplexxx Jul 2021 #3

Ocelot II

(115,681 posts)
2. That's not what he's doing at all, far from it. What he's trying to do
Thu Jul 15, 2021, 05:11 PM
Jul 2021

is to set up the prosecution of the other three officers for the possibility of enhanced sentencing, as with Chauvin. The last thing in the world Ellison would want to do is look out for Chauvin, who probably wouldn't have been convicted at all without the first-rate trial work of Ellison's prosecution team.

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