10 years after Japan’s tsunami nightmare
Ex-cop on trial in Floyd slay to face 2nd murder count
MINNEAPOLIS — Fired Minneapolis police officer Derek Chauvin will again face an additional count of third-degree murder in the death of George Floyd after the judge in his case reinstated the charge Thursday.
The ruling was followed throughout the day by some of the prospective jurors saying they felt emotionally distressed when they watched a bystander’s video of Chauvin pinning Floyd to the pavement for more than nine minutes during an arrest last spring shortly before his death.
The ruling reinstating the third-degree murder by Hennepin County District Judge Peter Cahill followed a series of appellate decisions that revived the count before jury selection was to resume.
The reinstatement came after the state Supreme Court on Wednesday rejected a request by Chauvin’s defense to review a Court of Appeals ruling that said the judge improperly denied prosecutors’ push to recharge Chauvin with third-degree murder. Cahill dismissed the count last fall.
Cahill said Thursday that he is now bound by the Appeals Court ruling, which stems from an earlier decision involving the conviction of ex-Minneapolis police officer Mohamed Noor. The ruling declared that third-degree murder can be applied to acts directed toward a single person.
“I am granting the motion because although these cases are factually different — that is Noor and the case before us — I don’t think there is a factual difference that denies the motion to reinstate,” Cahill said.
“When the intent is directed at a single person, then third-degree murder may apply,” the judge continued. “Single acts directed at a single person fall within the gambit of third-degree … accordingly, I am bound by that.”
Attorney General Keith Ellison, in a statement, expressed satisfaction with the restored count. “The charge of third-degree murder, in addition to manslaughter and felony murder, reflects the gravity of the allegations against Mr. Chauvin,” Ellison said. “We look forward to presenting all three charges to the jury.”
Adding third-degree murder
to Chauvin’s case gives jurors the opportunity to convict him on a count sandwiched in between the current charges — second-degree murder above and manslaughter below.
Noor’s third-degree murder conviction led to his 12-year prison sentence for the 2017 shooting death of Justine Ruszczyk Damond, who called 911 about a possible rape behind her home. Noor was startled when Damond approached his squad and he shot her.
Jury selection resumed for a third day Thursday, and a sixth member was added in the morning.
The newest juror, a Hispanic man who is married, joins a multiracial woman, a Black man and three white men.
The sixth person chosen is a route driver for an unspecified business who acknowledged that missing work for a month would be a financial burden, but one he could endure, saying, “If I am a good fit and can help, I’m OK.”
As for the case itself, the man said he’s seen the viral arrest video in its entirety and in news reports.
Once there are 14 jurors — two of them will be dismissed as alternates once deliberations start — the trial will turn to opening statements, which are scheduled for March 29.
LANSING, Mich. — The prosecutor for Michigan’s third-largest county said Thursday he will investigate nursing home-related coronavirus deaths, saying there are questions about whether the transfer of recovering patients into facilities led residents and staff to be infected.
Macomb County’s Peter Lucido, a Republican who has criticized Democratic Gov. Gretchen Whitmer’s nursing home policies in the pandemic, urged families with concerns about a relative’s “transfer, incident or death” to submit a form to local law enforcement. He said two reports had already been filed, in Warren and Shelby Township, before his news conference.
He also asked the county medical examiner to establish a team to review the deaths of elderly and vulnerable adults, as allowed under law.
Asked if the probe could result in criminal charges, Lucido said: “We’ll have to see where it leads us. Charges won’t be determined until there’s a full, extensive, fair, open and honest investigation of the case . ... There could be no charges.”
Republican lawmakers have called for investigations into why people with COVID-19 were placed in long-term care facilities, saying it led to infections — though there is no direct evidence.
Amid concerns about hospitals being overwhelmed with patients, Whitmer’s early orders required certain nursing homes to create a unit dedicated to the care of residents who tested positive for the virus, had symptoms or were potentially infected. They had to admit or readmit anyone they normally would have regardless of whether the individual had recently been discharged from a hospital treating COVID-19 patients. Nursing homes without a unit transferred people to regional “hub” nursing homes with higher levels of care.
Robert Gordon, the former director of Michigan’s Department of Health and Human Services, said last September that no home was forced to accept infected patients because the agency quickly heard concerns and did not implement the provision. Mark Totten, the governor’s chief legal counsel, wrote in response to a Justice Department inquiry that the policy complied with federal guidance and, regardless, never took effect.
The deaths of more than 5,600 residents and staff in nursing homes and other longterm care facilities have been linked to COVID-19, about 35% of the state’s overall deaths. That is in line with the national rate.
In Macomb, more than 700 long-term care residents and staff have died, according to the state.
Whitmer spokesman Bobby Leddy accused Lucido of “shameful political attacks based in neither fact nor reality.” The administration’s policies, he said, tracked guidelines from the
Centers for Disease Control and Prevention.
“Our top priority from the start has been protecting Michiganders, especially seniors and our most vulnerable,” he said.
Democratic state Attorney General Dana Nessel’s office has said it is reviewing GOP legislators’ request for an investigation. The Justice Department this month declined to comment on the status of its evaluation of whether to initiate investigations under a federal law that protects the rights of people in nursing homes and other facilities.
The law applies only to nursing homes owned or run by the states. Most nursing homes are privately owned.
Michigan Republican Party spokesman Ted Goodman said people “deserve to know the true impact” of the state’s orders.
But Service Employees International Union Healthcare Michigan, which represents more than 6,000 nursing home workers, accused Lucido of abusing his office and wasting taxpayer money.
“It really is disappointing that Republicans are using the insidiousness of a virus as political propaganda to sow misinformation and lies,” said president Andrea Acevedo.
Under a bipartisan law enacted in October, 18 nursing homes have been designated as “care and recovery centers” for people with COVID-19. They have a distinct area for them along with staff dedicated to their treatment.
A person hospitalized with COVID-19 cannot be discharged to a nursing home if he or she has fewer than 72 hours left in his or her isolation period, unless the hospital has reached its surge capacity. A nursing home not deemed a care and recovery center can still retain or admit infected residents if it has a state-approved designated area for them.
HELENA, Mont. — Bills that sought to recognize Indigenous Peoples Day were tabled in committee. Funding for two state health positions dedicated to Native American communities were cut. The only Native American member of the state’s human rights commission wasn’t retained.
This year’s state legislative session in Montana — where Republicans hold at least a twothirds majority in both Houses and have a GOP governor for the first time in 16 years — has triggered concerns from some Native Americans and their allies who fear they are losing influence and representation.
Democratic Sen. Susan Webber of Browning said she sees discrimination and racism in the actions.
“Legislators, including the Indian Caucus, make every attempt to be civil. However, it’s hard when the Indian people are attacked over and over, day after day,” she said.
Republicans against any discrimination.
“The insinuation that the Legislature is using legislation to discriminate against Native Americans, including Senate GOP members’ own constituents and a member of the Senate Republican caucus, is absurd,” Kyle Schmauch, spokesman for Senate Republicans, said in an email.
Dylan Klapmeier, a spokesman for House Republicans, said any suggestion that there is legislation aimed at discrimination “is unbelievable and has no basis in fact.”
Native American lawmakers are also concerned about several election-related bills that members of the American Indian Caucus argue will make it more difficult for Native Americans, low-income residents, disabled people and rural Montanans to pushed back suggestion of
vote.
“It’s been a nightmare for Indian Country and Montana Indians,” said Sen. Shane Morigeau, a Democrat from Missoula and one of 11 Native Americans in the Legislature, all but two of whom are Democrats. “An anti-Indian world still exists. People wait for the right times to jump out and make their moves.”
There are 12 tribal nations in
Montana with a population of nearly 67,000 in 2019, according to the U.S. Census Bureau.
There have been some wins for Native American causes this session.
A House committee on Feb. 26 looked favorably on a bill by Democratic Rep. Sharon Stewart Peregoy of Crow Agency to make it easier for Native Americans to vote by requiring satellite elections offices and ballot drop boxes on reservations to reduce travel time for tribal members to access voting services.
Lawmakers also voted unanimously to continue the Montana Missing Indigenous Persons task force, a victory that was realized in the 2019 session. Republican Sen. Jason Small of Busby, a member of the Northern Cheyenne tribe, sponsored the legislation to create and continue the task force.
Still, the losses are adding up. A budget committee cut funding for the American Indian health director and the tribal relations manager within the Department of Public Health and Human Services.
Gov. Greg Gianforte believes those proposed cuts “are the wrong course of action,” and will work to restore the funding, Brooke Stroyke, a spokesperson for the governor, said on March 1. Gianforte also opposed a $500,000 cut to a program to help preserve tribal languages. The funding was restored.