The Mercury News

Chauvin makes appearance on federal civil rights charges

- By Amy Forliti

MINNEAPOLI­S >> The former Minneapoli­s police officer convicted of murder in George Floyd’s death made his initial appearance Tuesday on federal charges alleging he violated Floyd’s civil rights by pinning the Black man to the pavement with his knee.

Derek Chauvin,

45, wore an orange prison shirt when he appeared in federal court via videoconfe­rence from Minnesota’s maximum-security prison in Oak Park Heights, where he’s being held as he awaits sentencing following his April conviction on murder and manslaught­er charges.

Chauvin, in his first public appearance since he was escorted out of a Minnesota courtroom, was in a small room with a white brick wall behind him and a window in front of him. He wore a surgical mask at first but took it off when U.S. Magistrate Judge Becky Thorson said he could. He sat with his hands in front of him and occasional­ly took notes. He leaned forward and squinted slightly, as if he was listening intently, and leaned forward even more when he answered the judge’s questions.

Chauvin stated his name and age, and said he understood the charges against him and his rights. When asked if he knew he had a right to a detention hearing, he said: “I do now, Your Honor . ... Probably in light of my current circumstan­ces I believe that would be a moot point.” After a brief off-record discussion with his attorney, Eric Nelson, he waived his right to a detention hearing and Thorson ordered him into federal custody.

The Minnesota Department of Correction­s confirmed that he will be in federal custody but will stay in the state prison.

The federal charges allege Chauvin violated Floyd’s rights as he restrained him face-down while he was handcuffed and not resisting. Three other former officers — J. Kueng, Thomas Lane and Tou Thao — face similar federal charges. Chauvin is also charged in a separate indictment alleging he violated the rights of a 14-year-old boy in 2017.

Floyd, 46, repeatedly said he couldn’t breathe as Chauvin pinned him to the ground. Kueng and Lane helped restrain Floyd — Kueng knelt on Floyd’s back and Lane held down Floyd’s legs. Thao held back bystanders and kept them from intervenin­g during the 9 1/2-minute restraint that was captured on bystander video and led to worldwide protests and calls for change in policing.

While all four officers are charged broadly with depriving Floyd of his rights while acting under government authority, the counts that name Chauvin allege he violated Floyd’s right to be free from unreasonab­le seizure and from unreasonab­le force by a police officer. They also allege he and the others deprived Floyd of liberty without due process when they failed to provide him with medical care.

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