Attorney Alan Dershowitz has argued convicted murderer Derek Chauvin should be granted bail as he is not ‘going to endanger anybody’.
Dershowitz said Chauvin wants to appeal his three convictions for killing George Floyd, adding that ‘there is no reason why he should be remanded’.
The former Harvard professor, who was once part of President Donald Trump’s impeachment defense team, also said Chauvin could waste years of his life in prison if he won his appeal.
He also insisted the fired Minneapolis police officer should not be in solitary confinement at the Minnesota maximum-security prison as it is a ‘cruel and unusual punishment’.
Attorney Alan Dershowitz has argued convicted murderer Derek Chauvin should be granted bail as he is not ‘going to endanger anybody’
The Minnesota Department of Corrections released Derek Chauvin’s new booking photo on Wednesday morning as he woke up from his first night at MCF-Oak Park Heights
Chauvin, 45, was immediately taken to the Minnesota Correctional Facility – Oak Park Heights on Tuesday and was placed on suicide watch after being found guilty of killing George Floyd.
Speaking on Fox News’ The Ingraham Angle on Wednesday night, Dershowitz said that Chauvin ‘should be released on bail’.
When asked by Host Ingraham why Chavin is in prison after Judge Peter Cahill said there are potential grounds for appeal, Dershowitz said: ‘Different states have different rules about whether you’re entitled to bail if you’ve been convicted of a crime as serious as murder.’
But Dershowitz said the judge provided ‘good appellate issues’ to the defense.
Dershowitz declared: ‘He should be released on bail. There is no reason why he should be remanded. He’s not going to flee. He wants to have an appeal. He’s not going to endanger anybody. His face his well known.’
Chauvin is set to remain in the state’s highest security prison in a Super Seg’ single prison cell under ‘administrative segregation’ for the next eights weeks as he awaits sentencing.
Chauvin is set to remain in the state’s highest security prison in a Super Seg’ single prison cell under ‘administrative segregation’ for the next eights weeks as he awaits sentencing. Pictured: Minnesota Correctional Facility – Oak Park Heights where Chauvin remains
The former cop is expected to file a swift appeal of his conviction of second-degree murder, third-degree murder and second-degree manslaughter on Tuesday.
Over the course of the trial his defense attorney Eric Nelson repeatedly raised concerns that the massive media attention to the case would bias the jury and prevent his client from receiving a fair trial.
Other issues that could be brought up on appeal are Rep Maxine Waters’ incendiary comments on the eve of closing statements, protests over the death of Daunte Wright and the city’s announcement of a $27million settlement with Floyd’s family in the middle of jury selection.
Dershowitz added: ‘What if his conviction is reversed? Where does he go to get the two years back?’
Speaking on Fox News’ The Ingraham Angle on Wednesday night, Dershowitz said that Chauvin ‘should be released on bail’
Dershowitz, a civil libertarian and free speech advocate, also said Chauvin should not be in solitary confinement ‘unless he wants it for his own protection’.
He said: ‘Solitary confinement has been ruled by many in the international community as a cruel and unusual punishment in violation of international humanitarian laws.
‘So no I think his lawyers should, if it’s possible under Minnesota law, make an application for bail. If they think he is a risk he can be wearing a bracelet, he can be monitored.’
Dershowitz continued: ‘Yes the presumption of innocence has been overcome but there is an appellate process and he has three possible appeals to two courts in Minnesota and to the Supreme Court.
‘So I think he should not be in solitary confinement at this point unless he wants it for his own protection and he should be released on bail like all people should be released on bail pending an appeal unless they pose a risk or a danger of flight.’
Dershowitz, a civil libertarian and free speech advocate, also said Chauvin should not be in solitary confinement ‘unless he wants it for his own protection’
The Minnesota maximum security prison where Derek Chauvin will spend the next two months has cells that measure about 7 by 10 feet and include beds made of cement slabs with a thin mattress on top
The toilet and sink in the cells are made of steel to prevent them from being broken and possibly used as weapons or in a bid to escape
Chauvin is being held in a single cell under ‘administrative segregation’ for his safety, according to a Department of Corrections spokeswoman.
Chauvin is expected to be closely watched while at Oak Park Heights given how his high profile trial and prior employment as a police officer makes him a higher risk of being targeted.
The prison’s restricted housing unit, which is where Chauvin is being held, has extremely high levels of security for inmates who are being disciplined or for those who need to be separated due to safety concerns.
Dershowitz also criticised the White House and said that the ‘bar for convicting officers is far too high’.
‘We need to apply the same standard to police and ordinary citizens except we have to understand that ordinary citizens have no obligation to risk their lives to prevent an ongoing crime whereas police officers have that obligation,’ he said.
‘So the rules have to defer and understand and recognize the risks that police take. When it comes to the elements of actual crimes, you can’t bury them. You can’t raise the bar for certain groups of people over other groups of people.
‘That just doesn’t satisfy the equal protection of the law and the due process of the law.’
