Derek Chauvin’s Slow Motion Guilty Plea

by George Parry

The accused’s presumption of innocence is a sacrosanct principle of our jurisprudence. But, as a practical matter in criminal jury trials, it’s a complete fiction. Despite the judge’s stern instructions about the presumption of innocence and the prosecutor’s unshifting burden to prove each and every element of the crime charged, most jurors will assume that the state must have had good reasons for arresting the defendant and, subconsciously or otherwise, start the case with a pro-prosecution bias.

So it is that, despite the legal presumption of innocence, as a matter of human nature, in almost all trials the defense bears the inescapable burden of overcoming the jury’s assumption of the defendant’s guilt. Consequently, in order to prevail, the defense must win the jury over either by picking apart the prosecution case or refuting it with compelling evidence.

And that did not happen in the trial of Derek Chauvin.

Let me pause at this point to make one thing clear. None of what I’m about to tell you is a criticism of Chauvin’s lawyer, Eric Nelson. In my opinion, Nelson showed a great deal of courage, grit, and determination in taking on the unpopular and dangerous task of defending Chauvin. As will be explained below, the court’s denial of the defense motion for change of venue out of the Hennepin County war zone sealed Chauvin’s fate before the trial even began. No lawyer, no matter how committed and capable, could have won this case under the oppressive threat of mob violence that prevails in Minneapolis.

Moreover, by last count, Nelson was up against a prosecution team of 17 lawyers (many of whom were on loan from big law firms), which occupied two full floors of the Hennepin County Government Center. The task of slugging it out in court under these stressful and difficult circumstances required cold nerve, unremitting effort, and commitment, all of which Nelson admirably demonstrated.

To be sure, I would have taken a much different approach to defending the case. But that doesn’t make me right and Nelson wrong. Given the dire and difficult circumstances that he faced, Nelson did a very creditable job.

As I argued in The American Spectator months ago, the defense had the impossible task of picking a fair, impartial, and unintimidated jury in Hennepin County where riots, looting, burning, and violence followed the death of George Floyd. Because the court denied the defendant’s motion for change of venue, Chauvin was tried before a jury that had to have been concerned about a repeat of riots, violence, and personal safety should they vote to acquit.

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