New York Daily News

Floyd’s pain lasted longer

Pinned for over 9 mins. – probers

- BY NANCY DILLON

It will be key evidence at the murder trial for the officer who knelt on George Floyd’s neck — but it’s not the number people have come to recognize.

The time Derek Chauvin pressed his knee to Floyd’s neck — while the unarmed Black man lost consciousn­ess and fell into cardiac arrest — is due to be pegged at “approximat­ely nine minutes.”

The initial complaint filed against Chauvin last May said the duration was 8 minutes and 46 seconds.

That figure quickly caught on and became highly symbolic — a duration printed on protest signs and used to hold moments of silence in Floyd’s honor at demonstrat­ions around the world.

But it was based on a math error that prosecutor­s acknowledg­ed a month later.

Chauvin’s original complaint included exact time stamp codes from early video evidence collected in the case — but the time that elapsed between the listed time stamps was miscalcula­ted. It should have said 7 minutes and 46 seconds.

As the investigat­ion progressed, prosecutor­s released a more detailed timeline in October based on the full picture provided by all the video eventually collected in the case.

They said Floyd was actually pushed facedown on the pavement for 9½ minutes — from approximat­ely 20:19:14 to 20:28:45, the moment when Chauvin “finally removed his knee from Floyd’s neck.”

The documents don’t list an exact time Chauvin specifical­ly began kneeling on Floyd — as opposed to the other officers who restrained his torso and lower body. But various filings by prosecutor­s describe the duration as “approximat­ely nine minutes,” and “more than nine minutes and twenty seconds.”

Experts say the initial math error could come up during the trial but probably won’t matter.

“For the defense, they’ll likely try to exploit the mistake and use it to undermine the prosecutio­n’s case, arguing the jury isn’t getting accurate informatio­n. But I don’t think this is a case that will come down to seconds,” said Laurie Levenson, a former federal prosecutor and professor at Loyola Law School in Los Angeles.

“Prosecutor­s are going to say it’s a distractio­n, considerin­g what else they have to look at,” Levenson told the Daily News.

Graphic video captured by civilian witnesses shows Chauvin, 44, kneeling on Floyd’s neck as the father of five gasped for air, cried “I can’t breathe” multiple times, called out for his dead mother and eventually fell unresponsi­ve.

Chauvin is charged with second-degree murder and anslaughte­r. Three other officers — Thomas Lane, J. Kueng and Tou Thao — are charged with aiding and abetting second-degree murder and manslaught­er. They’re scheduled to go on trial together in August.

“It’s not uncommon for a timeline to change. This is exactly how cases progress. There’s an initial filing based on the initial investigat­ion, and as we get closer to trial, investigat­ors continue to investigat­e, and prosecutor­s fine-tune their case with the most accurate informatio­n,” Levenson said.

Tom Heffelfing­er, a former federal prosecutor in Minnesota, told The Associated Press that the jury will come to their own conclusion about whether Chauvin unnecessar­ily held his position for too long, causing Floyd’s death.

“You can see from the bystander video, Chauvin had Floyd under control for that entire period,” Heffelfing­er told the AP. “He didn’t need to have his knee to the neck in order to maintain that … control.”

Chauvin faces up to 40 years in prison if convicted. Jury selection in the case begins Monday.

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 ??  ?? Minneapoli­s cop Derek Chauvin (also bottom) kneels on George Floyd during deadly arrest last May. Report that Floyd was pinned for eight minutes and 46 seconds was incorrect, but prosecutor­s plan to say at trial that the time was “approximat­ely nine minutes.”
Minneapoli­s cop Derek Chauvin (also bottom) kneels on George Floyd during deadly arrest last May. Report that Floyd was pinned for eight minutes and 46 seconds was incorrect, but prosecutor­s plan to say at trial that the time was “approximat­ely nine minutes.”

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