Judge won't change 'trauma' wording in Chauvin memo [View all]

MINNEAPOLIS — The Minnesota judge who oversaw the trial of Derek Chauvin is denying prosecutors' request to rewrite his sentencing order as it relates to the four girls who saw George Floyd's death, saying Tuesday that they may have been emotionally traumatized but that the state failed to prove it.

Attorney General Keith Ellison wrote last week that he wasn't seeking to change Chauvin's 22 1/2-year sentence, but he asked Judge Peter Cahill to modify his sentencing order to remove suggestions that the teens and young girl were not traumatized. He cited research showing children process trauma differently from adults, and that adults tend to discount the impact of trauma on Black girls.

Cahill denied that request Tuesday, saying Ellison's mischaracterization of his sentencing order and the "tone and substance" of Ellison's request necessitated a response. Cahill wrote that he never said the four girls were not traumatized, but instead said evidence at trial did not present any "objective indicia of trauma."

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Cahill also found the presence of children at the scene was an aggravating factor, but didn't justify a longer sentence. He agreed with the defense that the girls were free to leave at any time, and said the prosecution's evidence didn't establish that they had been traumatized. He noted that two were seen smiling and laughing as officers kept Floyd pinned down.

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He said that during sentencing, he explicitly said Chauvin's sentence was not intended to "send a message." He added the presence of the four underage girls was not a substantial and compelling reason for a longer sentence.

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