Tuesday, the jury reached its verdict in the Derek Chauvin murder case in Minneapolis and they came back with guilty verdicts in all three charges.

Chauvin was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter in George Floyd’s death in May of 2020. He will be sentenced at a later time and faces a recommended 150 months or 12-1/2 years in prison under sentencing guidelines for first-time offenders. But the prosecution is seeking a higher prison term due to “aggravating factors.” So he may face up to 30 years in prison though the judge may sentence him to less.

Ken Martin, the chair of the Minnesota Democratic-Farmer-Labor Party, applauded the decision but challenged Congress and the state Legislature to deliver justice for Floyd through policy change.

“George Floyd should still be alive today, and until we pass serious police reform and accountability measures, the likelihood of this happening again here remains very high,” Martin said. “Our state and national legislatures have work in front of them to pass real police reform and accountability measures to deliver on the promises we have made to ensure this never happens again.”

At a news conference, Minnesota Attorney General Keith Ellison argued that the verdict wasn’t “justice” but “accountability,” which he framed as a step toward justice.

“Although a verdict alone cannot end their pain,” he said of the Floyd family, “I hope it’s another step on the long path toward healing for them. There’s no replacing your beloved Perry or Floyd, as his friends called him, but he is the one who sparked a worldwide movement, and that’s important.”

Appeals Court

Judge Peter Cahill, who read aloud the jury’s verdict, said Chauvin, who was handcuffed and remanded to the custody of the Hennepin County sheriff, would be sentenced in eight weeks.

Chauvin’s defense attorney Eric Nelson later asked Judge Cahill for a mistrial in light of comments made over the weekend by Rep. Maxine Waters (D-Calif.), who urged protesters to “get more confrontational” should Chauvin be found not guilty. Cahill rejected the defense’s request but noted that Waters “may have given you something on appeal that may result in his whole trial being overturned.”

Attorney Alan Dershowitz maintained Chauvin’s guilty verdict should be reversed on appeal because statements from prominent protestors like Democratic Rep. Waters unfairly pressured the jury. “The whole judicial system has been corrupted by identity politics,” Dershowitz said.

Andrew McCarthy, a former Assistant United States Attorney in New York, criticized the judge presiding over Chauvin’s trial for not sequestering the jury before its deliberations began, questioning if they could have been influenced by coverage of protests.

The odds of a successful appeal are not good, considering some 90% of appeals are denied across the United States.

An appeal in the case is a virtual certainty. But what issues Chauvin’s lawyers raise to the appellate court are an open question, according to criminal defense experts. 

The range in appeal possibilities could run from the possible bias of jurors, the refusal by Judge Peter Cahill to move the trial or sequester the jury or what some experts are saying were questionable jury instructions on some of the charges Chauvin is now guilty of.

Chauvin could also argue ineffective assistance of counsel — a last option, in experts’ opinions, but one that could rise because lead defense attorney Eric Nelson did not often object to emotional witness testimony.

But while nearly every conviction yields an appeal, their success rate is about 10% or lower. This could be further hindered by the fact that in Minnesota, the appellate court is filled with elected officials, who would be tasked with potentially overturning one of the most high-profile murder cases in American history.

After the verdict, Chauvin, dressed in a gray suit, white shirt and blue tie, was quickly handcuffed transferred from the custody of the Hennepin County Sheriff’s Department to the Minnesota Department of Corrections. He was booked at 4:55 p.m. CT and put in a segregated unit, called the administrative control unit of the Minnesota Correctional Facility-Oak Park Heights.

Chauvin will be assigned an orange jumpsuit with a white T-shirt, a corrections spokeswoman said. MCF-Oak Park Heights houses about 475 inmates, all of whom are designated at either maximum or close custody levels, according to the department. He is expected to remain in custody for the eight weeks prior to sentencing in front of Cahill.

The trial for the three former officers who stood by is expected to begin in August.