- A Mississippi man named Curtis Flowers was granted bond by a judge on Monday after spending almost 23 years in jail.
- Flowers was tried six times for the same 1996 murders.
- His most recent trial in 2010 resulted in a death sentence, but the U.S. Supreme Court overturned his murder conviction in June because of evidence that showed the prosecutor struck down more than four times as many potential black jurors as white ones.
- Flowers must wear an electronic monitor while he waits to hear whether or not his charges will be dropped.
Curtis Flowers, a Mississippi man who has been tried six times for the same murders, was granted bond by a judge on Monday that allows him to await the next step of his case at home with his family instead of in custody.
“He’s extremely happy to be out,” Flowers attorney Rob McDuff told The Washington Post. “I think he had a sense that this was going to work out this time around.”
The decision came as a huge victory for Flowers, who has spent almost 23 years behind bars after being indicted with the killing of four furniture store employees in 1996. His case has gained national attention as four of his convictions have been overturned due to concern over racially-charged unconstitutional prosecution.
“This has been a long and costly process, and there is no need to continue wasting taxpayer money on this misguided prosecution that has been plagued by misconduct and racial discrimination,” McDuff added.
Prosecutor Questioned for Racist Decisions
Doug Evans, who has been the prosecutor in all six trials, has been questioned after reporters from American Public Media thoroughly examined evidence in the case suggesting underlying racist influence.
In a trial process, prosecutors and defense attorneys can use “peremptory strikes” to remove people from the jury with no explanation. The APM reporters found that from 1992-2017, Evans’s office struck 50% of the eligible black jurors and only 11% of white jurors.
The two trials of Flowers that resulted in hung juries were also the only two trials that had more than one black person assessing his guilt.
Flowers’ most recent trial was in 2010 and resulted in a death sentence. His attorneys argued that Evans’s process of gauging potential jurors was skewed with racism. In the 2010 trial, Evans asked 145 questions of the black potential jurors he rejected, while he made a total of 12 inquiries to the 11 white jurors he seated.
In June of this year, the U.S. Supreme Court examined the constitutional validity of the 2010 death sentence ruling —primarily, if Evans’s jury decisions were or were not racially discriminating. The high court determined that they were and reversed Flowers’ murder conviction.
Supreme Court Justice Brett Kavanaugh wrote that the effort to strike down black jury members “strongly suggests that the state wanted to try Flowers before a jury with as few black jurors as possible, and ideally before an all-white jury.”
“Equal justice under law requires a criminal trial free of racial discrimination in the jury selection process,” Kavanaugh wrote.
After the most recent murder conviction was overturned, Evans stood by his belief that Flowers committed the crime.
“There’s no question about [Flowers’] guilt,” he told American Public Media. “There never has been.”
When discussing the Supreme Court’s ruling that he tried to exclude black jurors from the trials, Evan flatly denied the claim.
“If they said that, that is not true,” he said.
Last month, the NAACP Legal Defense and Education Fund filed a lawsuit against Evans accusing him of racial discrimination.
Next Steps for Flowers
Although Flowers is granted permission to go home for now, he is not yet entirely free. His legal team filed a motion in September to drop the charges, but they are still waiting for that ruling.
McDuff says he expects the judge to hold a hearing regarding dropping the case early next year. Flowers will have to wear an electronic monitor while his case continues.
See what others are saying: (NPR) (USA Today) (The Washington Post)
Derek Chauvin and 3 Others Ex-Officers Indicted on Civil Rights Charges Over George Floyd’s Death
- The Justice Department filed federal criminal charges Friday against Derek Chauvin and three other former Minneapolis police officers after a grand jury indicted them for violating the civil rights of George Floyd.
- The indictment charges Chauvin, J. Alexander Kueng, and Tou Thao for violating Floyd’s right to be free from unreasonable seizure and unreasonable force. All three, as well as Thomas Lane, were also charged with failing to provide medical care to Floyd.
- Chauvin was additionally hit with two counts in a separate indictment, which claims he violated the civil rights of a 14-year-old boy who he allegedly held by the neck and repeatedly beat with a flashlight during a 2017 arrest.
- Chauvin was already convicted last month of murder and manslaughter over Floyd’s death, which Kueng, Lane, and Thao were previously charged for allegedly aiding and abetting.
Former Minneapolis Officers Hit With Federal Charges
A federal grand jury indicted Derek Chauvin and three other former Minneapolis police officers for violating George Floyd’s civil rights during the arrest that lead to his death last summer, the Justice Department announced Friday.
Chauvin, specifically, was charged with violating Floyd’s right to be free from unreasonable seizure and unreasonable force by a police officer. Ex-officers J. Alexander Kueng and Tou Thao were indicted for willfully failing to intervene in Chauvin’s unreasonable use of force.
All three men, as well as former officer Thomas Lane, face charges for failing to provide medical care to Floyd, “thereby acting with deliberate indifference to a substantial risk of harm to Floyd,” according to the indictment.
In a second, separate indictment, Chauvin was hit with two counts of civil rights violations related to the arrest of a 14-year-old boy in September 2017. During that incident, Chauvin allegedly held the boy by the neck and hit him with a flashlight repeatedly.
The announcement, which follows a months-long investigation by the Justice Department’s Civil Rights Division, comes just over two weeks after Chauvin was found guilty of three state charges of murder and manslaughter in Floyd’s death.
He is currently awaiting his June 25 sentencing in a maximum-security prison.
Kueng, Lane, and Thao all face state charges of aiding and abetting second-degree murder and manslaughter.
Kueng and Lane were the first officers to responded to a call from a convenience store employee who claimed that Floyd used a counterfeit $20 bill. Body camera footage showed Floyd sitting in the car and Lane drawing his gun as the officers ordered him out and handcuffed him.
Floyd can be heard pleading with the officers not to shoot him.
Shortly after, Chauvin and Thao arrived, and the footage shows Chauvin joining the other officers in their attempt to put Floyd into the back of a police car. In the struggle, the officers forced Floyd to the ground, with Chauvin kneeling on his neck while Kueng and Lane held his back and legs.
Meanwhile, in cellphone footage taken at the scene, Thao can be seen ordering bystanders to stay away, and later preventing a Minneapolis firefighter from giving Floyd medical aid.
Their trial is set to begin in late August, and all three are free on bond. The new federal charges, however, will likely be more difficult to prove.
According to legal experts, prosecutors will have to show beyond reasonable doubt that the officers knew that they were depriving Floyd of his constitutional rights but continued to do so anyway.
The high legal standard is also hard to establish, as officers can easily claim they acted out of fear or even poor judgment.
See what others are saying: (The Washington Post) (The New York Times) (The Associated Press)
Caitlyn Jenner Says Her Friends Are Fleeing California Because of the Homeless Population
- California gubernatorial candidate Caitlyn Jenner sparked outrage after an interview with Sean Hannity on Wednesday that was filmed from her Malibu airplane hangar.
- “My friends are leaving California,” she said. “My hangar, the guy right across, he was packing up his hangar and I said, ‘Where are you going?’ And he says, ‘I’m moving to Sedona, Arizona. I can’t take it anymore. I can’t walk down the streets and see the homeless.’”
- Many criticized Jenner for sounding out of touch and unsympathetic to real issues in California and suggested that she prioritize helping the homeless population rather than incredibly wealthy state residents.
Caitlyn Jenner’s Remarks
California gubernatorial candidate Caitlyn Jenner sparked outrage on Wednesday after suggesting that wealthy people are fleeing the state because of its homeless population.
Jenner sat down for an interview in her Malibu airplane hangar with Fox News’ Sean Hannity. Jenner is one of the handful of Republicans aiming to unseat current Governor Gavin Newsom in a recall election in the fall. While polls show that most Californians do not support recalling Newsom, the conservative-led movement to do so gained enough signatures to land on the ballot.
“My friends are leaving California,” Jenner claimed during the interview. “My hangar, the guy right across, he was packing up his hangar and I said, ‘where are you going?’ And he says, ‘I’m moving to Sedona, Arizona, I can’t take it anymore. I can’t walk down the streets and see the homeless.’”
“I don’t want to leave,” she continued. “Either I stay and fight, or I get out of here.”
Jenner’s Remarks Prompt Backlash
Her remarks were criticized online by people who thought Jenner sounded unsympathetic and out of touch to the real issues in the state. Many found it hypocritical that Jenner has slammed Newsom for being elite but was so concerned for wealthy people who don’t like having to see unhoused residents on the street.
Rep. Ted Lieu (D-Ca.) called Jenner out on Twitter for seemingly fighting for a small percentage of Californians.
“Unlike you, Dems are focused on the 99% of people who don’t own planes or hangars,” he wrote. “And you know what’s going to help reduce homelessness? The #AmericanRescuePlan, which your party opposed.”
Others suggested she prioritize directly addressing the homeless situation.
“If you don’t like the homeless situation, instead of hiding in your PRIVATE PLANE HANGAR, your campaign should be about helping them,” actress Merrin Dungey said. “They don’t like their situation either. Your lifelong privilege is showing. It’s not a good color.”
Jenner, an Olympic gold medalist and reality star, is one of the most prominent transgender Americans. Because homelessness is such a common issue within the trans community, some were frustrated she was not using her campaign to fix the situation, and rather used it to complain about how it impacted her wealthy friends.
See what others are saying: (The Hill) (Politico) (Washington Post)
Derek Chauvin Seeks New Trial In George Floyd Murder Case
- A lawyer for Derek Chauvin, the former Minneapolis police officer who was convicted of murdering George Floyd, filed a motion Tuesday for a new trial.
- Among other complaints about Chauvin’s conviction, the attorney cited “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
- He also claimed the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial, arguing that publicity before and during it threatened its fairness.
- John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”
Derek Chauvin’s Attorney Files Motion for New Trial
Former Minneapolis police officer Derek Chauvin is officially asking for a new trial, hoping to overturn his conviction for the murder of George Floyd.
His attorney, Eric Nelson, filed court paperwork Tuesday laying out a number of errors he believes were made during Chauvin’s legal proceedings that violated his constitutional rights to due process and a fair trial. Nelson cited alleged issues, including, “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
The filing did not cite any specific examples of jury misconduct, but Nelson also argued that the court “abused its discretion” by not granting a change of venue or sequestering the jury for the duration of the trial.
The court proceedings took place in the same city where Floyd was killed and where protesters drew national attention by calling for justice in his name. As a result, Nelson claimed that publicity before and during the trial threatened its fairness. He also argued that a defense expert witness was intimidated after he testified, but before the jury deliberated.
His filing asks for a hearing to impeach the guilty verdict, in part, on the grounds that the 12 jurors “felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”
It’s unclear exactly what will come of this request, but John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told CNN, “The court has already rejected many of these arguments and the State will vigorously oppose them.”
For instance, a judge previously denied Chauvin’s request to move the trial in March, saying, “I don’t think there’s any place in the state of Minnesota that has not been subjected to extreme amounts of publicity on this case.”