Day 1 and 2: Prosecutors focus on feelings, emotions and 'Black pain'

By Carolyn Yeager

TEARY-EYED AND OUTRAGED witnesses to the 9 minutes of recorded “death throes” of George Floyd have made up the opening testimonies in the Derek Chauvin murder trial. What I've seen in these first two days is all about emotional reactions, and Fox News commentators get focused on the emotion just as much as the other mainstream networks. 

Chauvin is being portrayed from the start as a heartless, even sadistic individual. It's no exaggeration to say the suggestion that Floyd was 'murdered' by Chauvin is something the prosecutors definitely want to leave in the jurors' minds.

The hostility of the pro-Floyd witnesses toward the defense attorney Eric Nelson is obvious, even though Nelson has an open, non- threatening manner toward all the witnesses.

The ultimate in the showboating by the prosecution was calling the 9 year-old girl who was at Cup Foods that day “buying snacks” with her older cousin Darnella Frazier. Eighteen-year-old Darnella is the one who who made the recording of the 10 minutes that has become the best known of the videos, seen round the world. This nine-year-old had nothing of substance to bring to the Jury exccpt to tell her 'feeling-response' to what she saw. She said it “made her feel sad - and a little mad.” Wisely, Nelson chose not to cross-examine.

The prosecution brought in these teenage girls who see everything from an emotional perspective. Their subjective ideas about “good” and “bad” suffer from insufficient experience or the benefit of larger perspectives. It's like what they would feel about a puppy who they saw being disciplined without knowing why or what it had done. George Floyd is the puppy. Each prosecutor would ask of the witness he/she was questioning: “How did what you see make you feel?” and “What impact has it had on you since?” Which has nothing to do with the guilt or innocence of anyone. 

One replied to the question “What do you feel?” that she “didn't know what to feel, at first.” But of course the news media told her how to feel, and helped her get her feelings into the proper place. She was then convinced she felt that way from the start.

One denied, and had to be shown the transcript, that she had told police detectives shortly after the event that she remembered the policemen checking Floyd's pulse “multiple times” while they were detaining him, awaiting the medical assistance.

It was the question "how did you feel?- how did you feel?- how did you feel?-" over and over again that got to me. It's like this trial has been prepared for a 6th grade mentality. Even the lawyers for the prosecution don't seem very sharp. Especially the one named Matthew Frank, who I was surprised to learn is actually the Assistant Attorney General of Minnesota -- Keith Ellison's assistant! He is the pits, in my opinion. He seems to be purposely slowing the process down by speaking very slowly, even haltingly – and none of them are very good at formulating their questions.

It's a relief when Eric Nelson's turn comes up because he is clearly sharper. well-prepared and follows a more upbeat pace. If Derek Chauvin gets off, or is found guilty only of the manslaughter charge, it will be due to Eric Nelson. A Swede? Nelson's fee is being paid by the Minnesota Police and Peace Officers Association. A managing partner at Halberg Criminal Defense, I read that he has been doing Association cases since 2015. That makes him a champion of law enforcement in my book.

I like Peter Cahill too, the judge, who seems to be attempting to be absolutely fair and impartial. We'll see if he stays the course as the trial continues. But it was a beautiful moment at the end of today when Judge Cahill reprimanded, in no uncertain terms, witness Genevieve Hansen for argumentativeness toward the defense lawyer. A 27 year-old EMT with the Minneapolis Fire Department who was off-duty at Cup Foods on May 25, she didn't like being reminded of things she had said when being interviewed by the detectives earlier, and at one point even said “I don't believe it” when shown her own words in the transcript! The judge told her, after sending the jury out, she was to answer questions 'yes or no' without adding further commentary, to let the prosecutors use redirect to clear things up, and that she would have to come back tomorrow (Wednesday) to complete her testimony. This judge, while easy-going and respectful, certainly lets everyone know he is the boss of his courtroom.

I'll probably have more to say at the end of the week.