prosecutor s recommendation of 30 years. on the probation point. if the judge were to grant probation, derek chauvin would walk out a free man today. that s not happening. i think that was an insult to the court and a tactical error but eric nelson. there s a fine line between zealously representing your client and losing all credibility with the court. we heard from sara that the community there is waiting for this sentencing. what does this mean for the law enforcement community if something were to come of a low end of this scale? i m sure departments across the country are on alert. i don t think it will be an issue but you have to be prepared. i think that following the murder of george floyd and the demonstrations that really some of them turning violent that took place in different cities, you have to be on alert just in
he knows that what yousay is tr. there s no way the judge is giving him the low end of the guideline much less probation. it s almost offensive in way. we proved all of this, talk about a slap on the wrist. probation, you have to talk to a guy once a month. you don t go to prison at all for this. that s not going to happen. that s why i think really when you argue to the judge he backed away from that and said guideline sentences are where it should be. that s what the legislature wants. no reference to fact offense this case but the law saying guideline sentences is where you should go. beyond the probation being put aside, even the guidelines, this judge believed, he said these aggravating factors apply. do we expect anything close to the guidelines. thing e inaggravating factor enable the judge to go well beyond the guidelines and the judge can double it. that s 30 years. that s how we got to the
people coming in all over. i talked to someone from austin, texas. you have white family, black families, latino families, muslim families. families from all different walks of life come out here to pay respects knowing today is the day of former officer derek chauvin sentencing. about ten minutes left in this break that we were told will be 15 minutes until we see judge come back. we expect then for derek chauvin to be sentenced. sara, stand by. the defense attorney here, eric f nelson is asking for probation and derek chauvin gets timed served. when you ask for probation, do you do your client a disservice by suggesting or asking for something that i think most people would say is dismissed quite easily. are you doing a disservice to the client? he asked for probation in the papers and then sort of in a back handed way but he was arguing for the guideline sentence here.
officer tao watched most of the suffocation and only went over to keep people from giving help. one bhoeperson identified add a medical trained firefighter for the city of minneapolis and that was dismissed. like are we going to believe her. they kept trained medical people from tproviding help. these were all uniformed peace officers adding to the abuse of trust and authority. i know the defense asked the court for probation. i m not going to spend a lot of time arguing that. it s so outside of the realm of, i think, real possibility. this is murder. i understand some of the arguments made on behalf of mr. chauvin. i understand well, i can t
understand what his family members and friends are going through. i can t. it s not enough for a departure to probation for a second-degree murder. we believe, your norhonor, thes four aggravating factors and findings the court made certainly justify an upward departure because there are four of them standing alone by in a sense not overlapping but coming together to show this is not the typical second-degree murder. this is egregious. this justifies a double upward departure. from the top of the box which is 180 months, we re asking the court to double departure recognizing all four factors to 360 months. as i mention, this is sentencing. this is the time for victims. this is the time for the loved ones of the victim and the