0 we know that -- we saw that mr. floyd did not want to be in the backseat. that's it. that's the rub. it was the need to get him in that backseat no matter what. once he was pulled out of the backseat, he was find. went down on the ground. not fighting, not punching. and he was placed initially on his side. he is already handcuffed. he is placed on his side in the recovery position. like he should be. he is trying to breathe. he is on george floyd's back face down on the pavement. and officer king sat on mr. floyd's waist area and officer lane pulled his feet down. you can even see mr. floyd trying to pull his feet up. we all are going to fight to breathe. everybody knows that fear when you all of a sudden realize you're having trouble breathing, it is just in ate. he tries to pull his feet up. but he is held down the three officers. officer todd is watching. he is placed face down on the pavement so harshly that it rubs the skin off his face. he has injuries from the knuckles from trying to lift himself up. and he's telling officer chauvin, i can't breathe. i'm dying. and mr. chauvin's response is uh-huh. and all this time we imagine what mr. floyd is going through. we're going to talk about particular cruelty and torture. we appreciate what he is going through. we know he's suffocating. we know that feeling of not being able to breathe enough. he is begging and pleading and being ignored. his concerns are being dismissed by somebody who has taken custody but not care. he kept him in that prone position for 9 1/2 minutes. and was suffocated. no other way to say it. that's particularly cruel. that is more cruel on a it up call second degree unintentional murder. significantly more. this is not a momentary gunshot, punch to the face. this is 9 1/2 minutes of cruelty to a man who was helpless and just begging for his life. there were children present, standing only a few feet from the oufrz. these children who were ages 17 and one child age 9. it is particularly cruel to commit a crime in front of a child. we heard about how it can affect a young brain and how long it can take. you have a 9-year-old girl. how are they going to process this, you know, standing feet from a man being suffocated by police officers? such a stark sight that one of the churn says we have to call the police on the police. how do you process that? as a 9-year-old. the children are not only present watching a man die, we've all seen -- if you haven't, you need to, look at george floyd's face. he is dying. he is suffering. the children have to watch this. not only that, the police officers and there are people ash them wanting to help. and at one point i'm sure they got upset. at one point mr. chauvin points his mace, grabs his mace to keep them back. how is a child look at that. there is another officer screaming at them to get back. a typical second degree intentional murder. this court made a finding that the defendant committed the offense with the involvement of three or more other persons. and that's how they kept the bystanders at bay. i already talked a little bit about lane and king's role in hold mr. floyd down. they recognize that he is pulseless. it made no effort to dare of the person in their custody officer watched most of the sufficient indication. and then we went over to keep people from giving help. one person who identified as a medical trained firefighter for the city of minneapolis and that was dismissed. like we're going to believe her? these were all uniformed 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. i understand about -- i can't understand what his family members and friends are going through. i can't. but certainly not enough for departure to probation for second-degree murder. the findings that the court has made. certainly justify an upward departure because there are four of them not standing alone but in a sense not overlapping but coming together to show this is not the typical second-degree murder. this is egregious. from the top of the box, 180 months, we're asking the court to do a double departure to 360 months. i mention before this is sentencing. the this is the time for victims. right? this is the time for the loved ones of the victims. i commend this family. i commend all the loved ones, friends, people involved in this case for tolerating and being gracious. none of this, of course, can bring george floyd back. that is very true. put this is the time for criminal justice system to say we hear you. this is the time for their criminal justice system to say we recognize that this harm you're going through is real and while we can't feel what you're feeling, we know we can do what your criminal justice system should do and recognize the severity of this crime and reflect that in a sentence to be given. it's time for this criminal justice system to say we recognize this is more serious than the typical second degree unintentional murder. for reasons the court found reflect that and give this court more than adequate basis to do that. your honor, we ask the court to impose a sentence of 360 months commitment to the commission of corrections. as you know, your honor, there are no fines in murder cases. we would ask the court just to reserve the issue of rest constitution to clarify that with the family and present that could the court. for 30 days. thank you, you're honor. >> anything from the state? >> no, your honor. >> mr. nelson? >> i'm sorry. >> thank you, your honor. at this time the defendant's mother would like to address the court. >> if you could state your full name and spelling of each of your names and proceed when you're ready. >> yes. caroline, pawlenty. i am the mother of derek chauvin. i am here to speak on behalf of my entire family. on november 25th, 2020, not only did derek's life change forever but so did mine and my family's. he devoted 19 years of his life to minneapolis police department. it has been difficult for me to hear and read what the media, public and prosecution team believe derek to be an aggressive, heartless and uncaring person. i can tell you that is far from the truth. my son's identity has also been reduced to that as a racist. i want the court to know that none of these things are true and that my son is a good man. derek always dedicated his life and time to the police department even on his days off, he would call in to see if they needed help. derek is a quiet, thoughtful, honorable and selfless man. he has a big heart and has always put others before his own. the public will never know the loving and caring man he is. but his family does. even though i have not spoken publicly, i always supported him 100% and always will. derek has played over and over in his head the events of that day. to see the toll it has taken on him. i believe a lengthy stencil not serve derek well. when you sentence my son, he will also be sentencing me. i will not be able to see derek, talk to him on the phone or give him our special hug. his father and i most likely won't be here when he is released. derek, my happiest moment is when i gave birth to you. and my second is when i was honored to pin your police badge on you. i remember you whispering to me, don't stick me with it. derek, i want you to know i have always believed in your innocence. i will never waiver from that. i have read numerous letters from people around the world that also believe in your innocence. no matter where you go or where you are, i will always be there to visit you. i promise you i will stay strong as we talked about and i want you to do the same for me. i'll do what you told me to do, take care of myself. so i will be here for you when you come home. remember there is no stronger bond or love than a mother's love. one final thought i want you to remember, remember you are my favorite son. thank you for your time. >> thank you very much, your honor. it is my intent that my remarks this afternoon be quite brief. i do not intend to relitigate the facts of this case. nor spend any substantial time looking at the law. the court is very familiar with the facts of this case. and the parties have fully briefed the court relevant to the sentencing factors. and we recognize that in any case, any sentencing that comes before the court, the court is tasked with a difficult job. the court must craft a sentence that serves the interests of justice. a rather nebulous term. the court must take into consideration the victim impact, public interest as well as the circumstances and the history of the defendant. in this case, more than any other that any of us have been involved in, that task is exceedingly more difficult. in my remarks, i just wish to briefly address each of those three considerations. starting with the public impact. as i believe we're all cognizant of, this case is at the epicenter of a cultural and political divide. we tried to keep a lot of that out of the courtroom during the trial and make this case about the facts. but we recognize what has happened as a result of this case. there is a group of people that will think your sentence is insufficient to satisfy justice. but there are an equal number of people that will view any sentence you pronounce as draconian or overbearing. either way, some percentage of the public will view your sentence as a miscarriage of justice. the intensity of the public interest in this case cannot be overstated. i trust that the volume of correspondence that each of us have received from the public at large is indicative of the very sentiments on both sides. as i was informed just yesterday, the attorney general's office established a website to accept community impact statements. again, in my understanding is in a little over two weeks they received over 1,000 submissions. again, on both sides. by my very best estimate, since my representation mr. chauvin began last summer, i received over 5,000 e-mails, over 1,000 voicemails and hundreds and hundreds of handwritten letters. again, from both sides. and i expect that your honor has likewise been inundated with public comment and scrutiny. the impact that this case has had on this community is profound. it goes far beyond what happened on may 25th of last year. it has been at the forefront of our national consciousness and it has weaved its way into every -- nearly every facet of our lives, from the entertainment that we consume to the presidential politics. from protests to conspiracy theories. in the end, it is my sincere hope that when this proverbial dust settles, the community impact brings forth principled debate. and civil public discourse and ultimately leaves a positive effect on the city of minneapolis, the state of minnesota, the united states. while this court may consider the impact, it is for the same reasons that the court must turn to the foundational legal principles and remember that justice is brought. law is built on reason and common sense and it cannot be permitted to be assailed by public opinion. turn to the second consideration which is the victim impact. the death of george floyd. the death of george floyd was tragic. he is loved by his family members. he is loved by his friends. and his death is justifiably mourned by those whose lives he impacted. he is a son, a brother, a father, an uncle, and a friend to many. as the court heard today, the impact and the loss of his life of the loss of his life simply just can't be simplified. and it will take time. finally, your honor, the court must take into consideration just like it has to take into consideration the aggravating factors they need to take into consideration the mitigating factors. and the mitigating factors is set forth by the sentencing guidelines really point to the interrogatory analysis in this case. you may spend a lot of time arguing for a probation airy sentence that, is brief. but that being said, when we look at the trog factors, who is derek chauvin? derek chauvin spent 19 years as a minneapolis police officer. he loved being a police officer. i was contacted during the course of my representation and i've had numerous conversations with his fellow police officers or fellow police officers that worked with derek, some retired, some still active. and they told me that he was a solid police officer. that he did his job. that if somebody asked him to do a particular task, he never complained. i did it. he did it. one person told me that one of the sergeanted said if i asked him to dig a ditch, he would have picked up a shovel and never would have complained for a second. he would have done his job. he was decorated as a police officer. multiple life saving awards. he was decorated for valor. he was proud to be a police officer because what he liked to do was help people. and the statistics show the vast majority of police work is helping people. he was proud to be minneapolis police officer. he served his country of the united states -- in the united states army. and he, too, is a son, brother, and a father and a friend. he, too, his life, the life he's lived, he's not coming into this as a career criminal with six points, five points, four points. he is coming into this never having violated the law. he lived an honorable life. he attempted to live an honorable life. derek chauvin was not even scheduled to work the day of november 25th. he came in because they were short staffed. of his brain is littered with what ifs. what if i just not agreed go in that day? what if thing has gone differently? what if i never responded to that call? what if, what, what if? the truth of the matter is and the end result is that we are here after a jury verdict, finding him guilty of these offenses. and the courts' consideration should not only be focused on the aggravating factors but the mitigating factors as well. the guidelines were established for awe reason. and, yes, the court in circumstances like these has discretion to go beyond and aggravate a sentence beyond the presumptive sentences. but the sentencing guidelines don't dirn differentiate between second degree murders. someone robs a liquor store and a person dies in police custody. the law presumes the legislature presumes that the sentencing guidelines as established, this is sufficient penalty. for all of the second-degree murder categories or cases you would see. from 2019 back to 2010, a total of 90 people were sentenced for second-degree murder. those people had a zero criminal history score. 67% or 60 of the 90 people received a guideline sentence of 150 months. so two-thirds of all people in this same position received a guideline sentence. 20% received an aggravated sentence. 18 of the 90. and 12 -- 13% of the 12 individuals were granted mitigated departures. so if the legislature and the intent of the sentencing guidelines is to eliminate sentencing disparity, the law should presume that guide line sentence is what is appropriate in this case. judge may take -- you may take into consideration at this point these aggravating factors but you have to counter balance them which is the goal of the law with the mitigating factors. p i know this has been an incredibly difficult case for the floyd familiarly to have to endure. they state -- the state of minnesota, likewise, its prosecutors in this case have endured quite a bit. this is a case that has changed the world to some degree. and i hope it's positive. but it's my hope that the court follows the sentencing guidelines, applies the law in a reasoned manner and imposes a just sentence. >> thank you. mr. chauvin, would you join mr. nelson at the lectern? mr. chauvin this is your opportunity if you wish to give any input to the court and so i turn it over to you and your attorney. >> thank you, your honor. at this time due to some additional legal matters at hand, i'm not able to give a full formal statement at this time. but very briefly though, i do want to get my condolences to the floyd family. there is going to be some other information in the future that would of interest and i hope things will give you some peace of mind. thank you. >> i'll note that i did read your comments in the presentence investigation as well. >> thank you, your honor. >> all right. we're going to take a 15-minute recess so that i can complete the sentencing order based on what i heard today. and let's reconvene at 2:45. we're in recess. >> good afternoon, everyone. we're continuing our breaking news conference of the sentencing hearing for derek chauvin. it is in a 15-minute recess after nearly an hour of testimony. impact testimony that included members of george floyd's family as well as for the first time hearing from derek chauvin's mother in addition to the attorneys and at the very end as you heard there from derek chauvin himself. as we mentioned, we're now in that 15-minute recess. the sentencing hearing for former minneapolis police officer derek chauvin. convicted in the murder of george floyd. now out sued the courthouse there has been a growing number of supporters there. the watching this sentence hearing unfold. listening to it on their phones, sometimes reacting to the words as they were being played out. chauvin faces up to 40 years in prison for the murder of george floyd. the prosecution though asking for up to 360 months, that would be 30 years for kneeling on george floyd's neck for 9 1/2 minutes. now the specific charges are second-degree murder, third degree murder and second degree manslaughter. of course, the murder was captured in a deeply disturbing video igniting a reckonning on racial disparities in america and fueling calls for police reform. we saw protests all around the world as we mentioned, we heard from four of george floyd's family members including his 7-year-old daughter. they called on the judge so give chauvin the maximum sentence and offered an emotional testimony on what george floyd's loss has meant for them as a family. take a listen. >> no no more birng day parties, no more graduations, holiday gatherings or other celebrations. laughter, hugs, guidance, advice sense of security and those opportunities to simply say i love you are forever gone. >> daddy is our daughter's first love. he would never be able to walk her down the aisle at her wedding, attend the magical moments of her life like a daddy-daughter dance, sweet 16 party, seeing her after prom, graduations, and she will never be able to have any personal memories with her father. >> if you could say anything to your daddy right now, what would it be? >> it would be i miss you and i love you. >> chauvin probably saw there had the opportunity to speak during his hearing. his remarks could be considered as evidence in future appearances. ending his appeal of this conviction. but his mother did speak on his behave. derek has played over in his head the events of that day. i've seen the toll it has taken on him. i believe a lengthy sentence sentence will not serve derek well. when you sentence my son, you will also be sentencing me. >> all right. we have comprehensive coverage of all this on the ground as well as reverend al sharpton who joins us now. host of "politics nation." . he was inside that courtroom throughout the sentencing hearing. rev, let's get a quick update from you as someone who witnessed that hearing. the emotion we saw play out from george floyd's family and others? >> we escorted the family to the courtroom and the lawyers and me as a minister. we are at the building. and it is very emotional. the brothers, the nephew that spoke who are here, his daughter that did a video who is not here, other members of the family are out sued with us. very motional to witness the sentencing of someone that has now been convicted. it is something that has all kinds of national and global ramifications. but to be here with the family, you talk abo