Chauvin: I’m not talking
Taking the 5th, he says
Testimony wrapped up Thursday at the murder trial of former Minneapolis Police Officer Derek Chauvin — without the disgraced cop taking the stand.
The closely watched case involving Chauvin’s fatal encounter with George Floyd last May will continue with closing arguments Monday before the jury begins its deliberations.
Chauvin, 45, on Thursday spoke for the first time in the sixweek trial to reveal he would not testify on his own behalf.
“Have you made a decision today whether you intend to invoke your Fifth Amendment privilege?” defense lawyer Eric Nelson asked him.
“I will invoke my Fifth Amendment privilege today,” Chauvin (above) answered.
Chauvin acknowledged in the exchange that he and Nelson have had “multiple” discussions on the issue over the course of the trial, including a lengthy meeting Wednesday, before he came to his decision.
Hennepin County District Court Judge Peter Cahill, who is presiding over the trial, then questioned the ex-cop.
“The decision whether or not to testify is entirely yours,” the judge told him.
“In other words, it is a personal right. Mr. Nelson makes a lot of the decisions in the trial. But one he cannot make for you is whether or not you testify.
“The decision has to ultimately be yours, not his,” he said. “Is this your decision not to testify?”
“It is, Your Honor,” Chauvin responded.
Defendants have the option to take the witness stand at trials, but doing so would open them to cross-examination by prosecutors.
In Chauvin’s case, he could be grilled about prior use-of-force allegations against him during his 19 years on the force.
He is charged with second-degree murder, third-degree murder and second-degree manslaughter in Floyd’s death.
Viral video of the incident shows Chauvin pressing his knee to Floyd’s neck for more than nine minutes while Floyd is handcuffed and face-down on the pavement near a Minneapolis intersection.
Various angles of the incident — from police bodycams, bystander videos and surveillance cameras in the area — were provided as evidence by state prosecutors.
Nelson focused on three main aspects of Chauvin’s defense.
He claimed Floyd died as a result of drug use and a heart condition, not Chauvin’s actions. He also maintained that Chauvin followed department procedure.
Nelson also asserted that a crowd of bystanders who had gathered at the scene distracted the cop, making it difficult to attend to Floyd’s condition.
The trial will briefly resume on Friday for the judge to discuss how the jurors will be instructed about the law. Closing arguments will begin on Monday.