GRAND RAPIDS, Michigan — Day one of the Derek Chauvin trial regarding the death of George Floyd saw opening arguments from both sides and the first witnesses called by the prosecution.
13 ON YOUR SIDE Anchor Nick LaFave spoke with Heath Lynch, a former federal prosecutor who now works as a defense attorney with Springstead Bartish Borgula & Lynch, PLLC.
Lynch talks about the first day, what he expects moving forward, who has the tougher job between the defense and the prosecutors and a unique aspect of Minnesota criminal law.
LAFAVE: "You've been on both sides of this as both a prosecutor and now a defense attorney. What are the two sides trying to establish during opening arguments?"
LYNCH: "It's a way of framing the case. You need to know the general direction your witness are going to go. You need to understand the points you intend to highlight. The themes of the case, so to speak. It's a great opportunity to get the jury's attention, to build a rapport with the jurors."
LAFAVE: "There is a unique legal phrase in Minnesota called Spark Of Life. Can you describe that?"
LYNCH: "It started in the 1980s with the Minnesota Supreme Court, in which that court decided that in certain circumstances a prosecutor could introduce evidence of the life of the victim because - obviously - the victim is not there to testify. That evidence allows witness to paint a picture of the life of the victim. Why that's a mixed bag: depending on how long of a leash the judge gives to Mr. Chauvin's defense attorneys to question the Spark Of Life witnesses about Mr. Floyd's drug use or anything like that in his past, it could really dovetail with the defense we expect the defense attorney to raise anyway."
LAFAVE: "Who has the harder job in a case like this? The prosecution or the defense?"
LYNCH: "I think in a case like this, Mr. Chauvin's attorney has a very difficult job ahead of him. Just because of the high profile of this case and the movement that it in large park sparked. These jurors - at least from what I've read - are pretty well familiar with at least some aspect of the case, and some are very familiar with it. Just because we had someone who died under such strange circumstances, and someone who suffered at the time he died.
LAFAVE: Heath Lynch with Springstead, Bartish, Borgula & Lynch here in Grand Rapids, thank you for the time. We'll talk to you again throughout the trial."
LYNCH: "Thank you. Nick."
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