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Former Minneapolis police officer Derek Chauvin is facing second and third-degree murder and manslaughter charges in the May 2020 death of George Floyd. (Joshua Carroll/The Washington Post)
On the other side is Nelson, with a legal assistant. Even Hennepin County District Judge Peter A. Cahill has commented on the apparent imbalance.
When one of the state’s lawyers criticized Nelson for raising concerns about pretrial publicity during a hearing instead of first filing a formal brief, the judge interrupted.
“I cannot expect Mr. Nelson to step out of these proceedings where we’ve been in session since 8:30 this morning to file affidavits to add to his record,” Cahill said. “The state has a lot of lawyers on this case who can sit outside this courtroom and start grinding out things.”
“Mr. Nelson, he does not have the same level of support,” Cahill said. “How many lawyers now are admitted . . . And are working for the state on this case so far?”
Ten? Twelve? The judge asked.Never Underestimate an Old Woman with A Mobility Scooter Who was Born in August Shirt
There are a total of 14 attorneys working on the prosecution’s team.
But former colleagues and friends say Nelson’s understated approach is easy to underestimate. He is also leaning on attorneys for the three other former police officers charged in Floyd’s death, all of whom have a shared interest in seeing Chauvin acquitted because it makes proceedings against their clients less likely to
“He is outnumbered, but sometimes too many cooks spoil the broth,” said veteran defense attorney Earl Gray, who represents former officer Thomas K. Lane and is in regular touch with Nelson by text and at occasional weekend meetings.
In court, Gray noted, “Only one lawyer can speak at a time.”
“It may seem like he’s a one-man show, but it’s far from what you see on TV,” Brian Peters, executive director of the police association, said of Nelson’s behind-the-scenes support.
The spotlight on Chauvin’s trial, however, is brighter, with nonstop media coverage in a community still reeling from Floyd’s May 25 death, restrained, handcuffed and face down on a South Minneapolis street during a police investigation of a counterfeit $20 bill that had allegedly been passed at a local market.
Chauvin, the White officer filmed with his knee on Floyd’s neck, faces charges of second- and third-degree murder and second-degree manslaughter in the Black man’s death.
Chauvin faces a sentence of up to 40 years if convicted of murder but could serve as little as 10 years based on state guidelines. The manslaughter charge carries a prison term of roughly four years but is up to the judge’s discretion.
The other former police officers — Lane, J. Alexander Kueng and Tou Thao — are scheduled to go to trial in August on charges of aiding and abetting.
On the other side of the courtroom, the prosecution’s team is a hub of activity with attorneys, including Ellison himself, constantly rotating in and out.
Corporate lawyer Jerry Blackwell, a founder of the Minnesota Association of Black Lawyers, is expected to play a leading role for the state and to deliver opening statements on Monday.
In June, with Ellison’s encouragement, Blackwell applied for and won a posthumous pardon for Max Mason nearly 100 years after the infamous lynching in Duluth of three other Black men in connection with the alleged rape of a White woman. In announcing the pardon, Gov. Tim Walz (D) drew a direct line from that dark chapter in the state’s history to Floyd.
Blackwell, who has worked to diversify the ranks of state judges, said at the time that Mason and the three other men who were traveling circus workers were targeted because of “being born Black and passing through Duluth at the wrong time.”
From his work representing large companies in product liability lawsuits, Blackwell is at ease questioning expert witnesses and doctors and simplifying complex concepts for jurors. Former colleague Peter Goss called Blackwell a gifted storyteller who connects with jurors because of his life experience.
Blackwell grew up in Kannapolis, N.C., attending college and law school at the University of North Carolina. In his free time, he raises bees and harvests honey at his farm along the Minnesota River.
“He’s able to meet jurors where they’re at, no matter where they come from,” Goss said. “The kinds of barriers that get in the way of a lot of trial lawyers communicating with jurors, Jerry is the best at bringing those down,” Goss said.
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