Trial of Derek Chauvin, who Killed George Floyd

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cyberdad
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10 Apr 2021, 9:07 pm

TheRobotLives wrote:
One point not mentioned I think,

Morries Hall, a passenger with Mr. Floyd, invoked the 5th amendment and is refusing to testify.

"Floyd's girlfriend, Courteney Ross, took the witness stand and said she believes Floyd purchased drugs from Hall".

Morries Hall, passenger seen with George Floyd, invokes 5th Amendment to refuse testimony
https://kstp.com/news/morries-hall-pass ... l/6060165/


Purchasing drugs and using them and having them in your system are three different things.

The defense can't have it both ways....they are trying their best to muddy the waters (as FE mentioned this is their job) to plant sufficient doubt in the judge/juries minds. So then they can't now turn around and make their own claims based on a convenient suspicion.

I agree with the latest findings that now establish Chauvin's knee is the major contributing factor in Floyd's death.

All that's left to decide is how long Chauvin will spend in jail and whether other three cowards/police in attendance that day will also face stiffer penalties for standing around scratching their balls while Floyd died.



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10 Apr 2021, 10:42 pm

cyberdad wrote:
I agree with the latest findings that now establish Chauvin's knee is the major contributing factor in Floyd's death.

All that's left to decide is how long Chauvin will spend in jail

That's not enough.

Even if the jury determines Chauvin caused Floyd's death, they have to determine if it was *reasonable force*, not in 20/20 hindsight, but an objective standard of a reasonable officer making real-time decisions.


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10 Apr 2021, 11:01 pm

This seems to be the critical statement

The police chief said that while it might have been reasonable to use a certain level of force “to get him under control in the first few seconds”, Chauvin’s subsequent actions did not meet the standard of “objectively reasonable force”.



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14 Apr 2021, 2:23 pm

Dr. David Fowler, who was Maryland's former chief medical examiner says ...

1. Floyd developed cardiac arrhythmia.
2. The cardiac arrhythmia was due to Floyd's atherosclerotic, hypertensive heart disease, consumed drugs, and the stress of his arrest.
3. CO2 (carbon dioxide) from a nearby car's exhaust fumes also contributed to his death.

He said this tragedy could be labeled an *accident* by some medical examiners.

https://www.yahoo.com/news/defense-expe ... 32321.html


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14 Apr 2021, 3:06 pm

Try to catch the cross-examination of defense witness Dr. Fowler by the prosecuting attorney ... he flayed him!


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15 Apr 2021, 11:55 am

Testimony complete in Derek Chauvin trial after former cop says he will not testify

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Testimony is now complete in the trial of Derek Chauvin, the fired Minneapolis police officer charged in George Floyd's death. The defense rested its case Thursday after Chauvin said he will not testify in his own defense. Chauvin spoke in court from the defense table just after court resumed on Thursday.

"I will invoke my Fifth Amendment privilege today," Chauvin said.

Prosecutors then re-called to the stand Dr. Martin Tobin, a pulmonologist who offered key testimony for the prosecution last week, saying Floyd died of low oxygen under the pressure of officers' weight on his neck, back and side. Thursday, Tobin rebutted some of the testimony of forensic pathologist Dr. David Fowler, who testified for the defense that Floyd suffered a heart arrhythmia due to his underlying heart disease.

Judge Peter Cahill excused the jury after Tobin's testimony. He told jurors to return at 9 a.m. Monday for closing arguments, after which they will be sequestered for deliberations.

The defense launched its case on Tuesday. Testimony focused on Floyd's drug use, and a defense use-of-force expert said Chauvin was justified in restraining Floyd.


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17 Apr 2021, 10:09 am

It was interesting on the last day of witnesses to see the prosecution attempt to get a close as they could to causing a mistrial, staying just short (thanks to an objection from the defence attorney) of going across the line...


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17 Apr 2021, 10:10 pm

The defence are holding onto probable cause as literally the only line to warrant doubt.

The elephant in the room is whether Chauvin was sanctioned in his actions.
More than a dozen police officials and law enforcement experts told NBC News that the particular tactic Chauvin used — kneeling on a suspect's neck — is neither taught nor sanctioned by any police agency. A Minneapolis city official told NBC News Chauvin's tactic is not permitted by the Minneapolis police department. For most major police departments, variations of neck restraints, known as chokeholds, are highly restricted — if not banned outright.

The data suggests the Minneapolis police department knew this was innappropriate action
https://www.nbcnews.com/news/us-news/mi ... s-n1220416

Any attempt to use "mealy mouthed" technical language to exonerate Chauvin will put the entire Minneapolis force under the microscope. What's interesting from the link is the apparent lack of data from other police precincts on mishandling of police suspects using innapropriate restraining methods. It only underlines what everyone in the black community already knows, that police harassment and abuse of of black suspects operates in the shadows away from the gaze of public prosecutors.



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19 Apr 2021, 6:52 am

It seems that Ms Waters isn't confident of a guilty verdict, given her visit to the area and urging of the riots to continue:

Quote:
'We're looking for a guilty verdict,' she added in regards to the Derek Chauvin trial. 'If we don't, we cannot go away.'

'We gotta stay on the street,' Waters was recorded saying, adding that protesters needed 'to get more confrontational' and they should ignore the curfew in place.

Source: https://www.dailymail.co.uk/news/article-9483471/Fury-Maxine-Waters-tells-Minnesota-BLM-protesters-weve-got-confrontational.html

Given the jury are not sequestered, and so may be aware of this, it looks like something that could be used by the defence in any potential appeal (based upon the effect her words may have had on jury members), if not cause a potential mistrial, should enough jurors have heard it\been provided knowledge of it.

Outside of expecting to see "not guilty" verdicts on at least the most serious charges (if not all), I can't think of a reason any normal person would be trying to whip up outrage like that, as it appears aimed at trying to "encourage" a verdict she desires (In the "This is a nice town. I'd hate to see something worse than what is occurring now happen to it..." way).

As she also would have had to cross from another state in order to make these statements, it could be interesting to see whether she may have an issue with 18 U.S. Code § 2101...


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19 Apr 2021, 8:03 am

Pig's head thrown at former home of Chauvin defense witness

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Vandals threw a pig's head at the onetime home of a former California police officer who was a defense witness for Derek Chauvin, the former Minneapolis officer accused of killing George Floyd, police said.

The incident occurred early Saturday in Santa Rosa, California, at a house where the witness, Barry Brodd,used to live, Santa Rosa police said in a statement.

Police said Brodd appeared to have been targeted over his testimony.

"Mr. Brodd has not lived at the residence for a number of years and is no longer a resident of California," police said. "Because Mr. Brodd no longer lives in the city of Santa Rosa, it appears the victim was falsely targeted."

The same people are believed to have drenched a statue at a mall in animal blood about 45 minutes later and left a sign that read, "Oink Oink,

In his testimony, Brodd compared the neck restraint Chauvin used on Floyd for more than 9 minutes to an officer's firing a stun gun at a suspect who falls, hits his head and dies.

"That isn't an incident of deadly force," Brodd said, according to The Associated Press. "That's an incident of an accidental death."


Biden preparing for 'tinderbox' with country on edge ahead of verdict in Chauvin trial
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President Joe Biden is keeping a watchful eye on this week's closing arguments in the Minneapolis trial of Derek Chauvin, fearful that a controversial verdict could inflame new racial tensions and further escalate a deepening crisis in confidence with the nation's police forces.

The President voiced his concern about potential fallout from the trial during a private meeting last week with members of the Congressional Black Caucus, people familiar with the session said. For weeks, it has also been a point of worry in conversations with Vice President Kamala Harris, aides say, even as the White House grapples with a cascading wave of mass shootings in America.

The White House is bracing for a week ahead that could be particularly volatile, with a Thursday funeral set for Daunte Wright -- another Minnesota man killed by a police officer -- along with new revelations from a police-involved shooting of a 13-year-old boy in Chicago, as well as the verdict in the Chauvin trial.

Conversations between the White House, Minnesota authorities and leaders of civil rights organizations were underway by the time the proceedings began in late March. Officials believe that putting contingencies in place might help avoid appearing flat-footed should violence break out in cities across the country.

"I'm very worried," said Rep. Karen Bass, a California Democrat, speaking Sunday on CNN's "State of the Union," where she talked about the potential for unrest across the country. "I don't think anyone in Minneapolis, frankly, anyone in the United States or over a good part of the world would understand any other verdict other than guilty."

The President has been involved in some of the conversations, according to officials, and has watched some of the trial coverage that has dominated daytime cable news television.

“This was already a tinderbox," a senior White House official said, speaking on condition of anonymity to describe the thinking inside the West Wing. "It becomes more volatile by the day."

Biden wants neither to replicate the heavily militarized response to protests under former President Donald Trump nor to appear absent in the face of violence or unrest directed at law enforcement, one official said. He also believes he must directly acknowledge the systemic racism that pervades criminal justice in America, advisers say.


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19 Apr 2021, 8:28 am

Brictoria wrote:
It seems that Ms Waters isn't confident of a guilty verdict, given her visit to the area and urging of the riots to continue:
Quote:
'We're looking for a guilty verdict,' she added in regards to the Derek Chauvin trial. 'If we don't, we cannot go away.'

'We gotta stay on the street,' Waters was recorded saying, adding that protesters needed 'to get more confrontational' and they should ignore the curfew in place.
I think she's right to be worried about the chance of a not guilty verdict, given the shocking history of police avoiding conviction (below) - however the video of her speech shows her calling for justice and is more impassioned than encouraging violence; somewhat more nuanced than The Daily Mail would have its readers believe and by filling their report with "ooh, scary!" pictures of rioting, the dog-whistle implication is clear.


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19 Apr 2021, 10:21 am

cyberdad wrote:
The defence are holding onto probable cause as literally the only line to warrant doubt.

The elephant in the room is whether Chauvin was sanctioned in his actions.
More than a dozen police officials and law enforcement experts told NBC News that the particular tactic Chauvin used — kneeling on a suspect's neck — is neither taught nor sanctioned by any police agency. A Minneapolis city official told NBC News Chauvin's tactic is not permitted by the Minneapolis police department. For most major police departments, variations of neck restraints, known as chokeholds, are highly restricted — if not banned outright.


It was permitted *at the time*.

"The Minneapolis Police Department banned all forms of neck restraints and chokeholds weeks after Floyd’s death, but at the time of his May 25 arrest by Derek Chauvin and other officers, certain neck restraints were permitted — provided certain guidelines and conditions were followed".
https://apnews.com/article/was-officer- ... db4386abf2

The police chief testified, "Neck restraints were defined in the policy as a non-deadly force option".

The question is whether Chauvin used the neck restraint properly.


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19 Apr 2021, 3:07 pm

Fnord wrote:
CockneyRebel wrote:
A good punishment for him would be for the court to have a black cop kneel on his neck for 9 and a half minutes.
Why waste a good cop's valuable time?  If capital punishment is still allowed in that state, all that would be needed is a short rope, a tall tree, and someone to kick the chair away.


That's an even better idea.


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19 Apr 2021, 5:43 pm

Murder case against ex-cop in Floyd’s death goes to the jury

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The murder case against former Officer Derek Chauvin in the death of George Floyd went to the jury Monday in a city on edge against another round of unrest like the one that erupted last year over the harrowing video of Chauvin with his knee on the Black man’s neck.

The jury of six white people and six people who are Black or multiracial began deliberating after nearly a full day of closing arguments in which prosecutors argued that Chauvin squeezed the life out of Floyd last May in a way that even a child knew was wrong.

The defense contended that the now-fired white officer acted reasonably and that the 46-year-old Floyd died of a heart condition and illegal drug use.

After closing arguments were done, Judge Peter Cahill rejected a defense request for a mistrial based in part on comments from California Rep. Maxine Waters that protesters could get more confrontational if there is no guilty verdict.

The judge told Chauvin’s attorney: “Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned.” He added: “I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law and to the judicial branch.”

“Use your common sense. Believe your eyes. What you saw, you saw,” prosecutor Steve Schleicher said in closing arguments, referring to the excruciating bystander video of Floyd pinned down on the pavement with Chauvin’s knee on or close to his neck for up to 9 minutes, 29 seconds, as bystanders yelled at the officer to get off.

Chauvin attorney Eric Nelson countered by arguing that Chauvin did what any reasonable police officer would have done after finding himself in a “dynamic” and “fluid” situation involving a large man struggling with three officers.

The dueling arguments got underway with some stores boarded up in Minneapolis, the courthouse ringed with concrete barriers and razor wire, and National Guard members on patrol. Floyd’s death last spring set off protests in the city and across the U.S. that sometimes turned violent.

Prosecutor Jerry Blackwell had the final word, offering the state’s rebuttal argument. The prosecutor, who is Black, said the questions about the use of force and cause of death are “so simple that a child can understand it.”

“In fact, a child did understand it, when the 9-year-old girl said, ‘Get off of him,’” Blackwell said, referring to a young witness who objected to what she saw. “That’s how simple it was. `Get off of him.’ Common sense.”

Under the law, police have certain latitude to use force, and their actions are supposed to be judged according to what a “reasonable officer” in the same situation would have done.

Nelson noted that officers who first went to the corner store where Floyd allegedly tried to pass a counterfeit $20 bill were struggling with Floyd when Chauvin arrived as backup. The attorney also noted that the first two officers on the scene were rookies and that police had been told that Floyd might be on drugs.

“A reasonable police officer understands the intensity of the struggle,” Nelson said, saying that Chauvin’s body-worn camera and his police badge were knocked off his chest.

Nelson also showed the jury pictures of pills found in Floyd’s SUV and pill remnants discovered in the squad car. Fentanyl and methamphetamine were found in Floyd’s system.

The defense attorney said the failure of the prosecution to acknowledge that medical problems or drugs played a role “defies medical science and it defies common sense and reason.”

During the prosecution’s argument, Schleicher replayed portions of the bystander video and other footage as he dismissed certain defense theories about Floyd’s death as “nonsense.” He said Chauvin killed Floyd by constricting his breathing.

Schleicher rejected the drug overdose argument, as well as the contention that police were distracted by hostile onlookers, that Floyd had “superhuman” strength from a state of agitation known as excited delirium, and that he suffered possible carbon monoxide poisoning from auto exhaust.

The prosecutor sarcastically referred to the idea that it was heart disease that killed Floyd as an “amazing coincidence.”

“Is that common sense or is that nonsense?” Schleicher asked the jury.

Blackwell, his fellow prosecutor, likewise rejected the defense theory that Floyd died because of an enlarged heart: “The truth of the matter is that the reason George Floyd is dead is because Mr. Chauvin’s heart was too small.”

Earlier, Schleicher described how Chauvin ignored Floyd’s cries and continued to kneel on him well after he stopped breathing and had no pulse. Chauvin was “on top of him for 9 minutes and 29 seconds and he had to know,” Schleicher said. “He had to know.”

He said Chauvin heard Floyd “but he just didn’t listen.”

The prosecutor said Floyd was “not a threat to anyone” and was not trying to escape when he struggled with officers but instead was terrified of being put into the tiny backseat of the squad car.

He said a reasonable officer with Chauvin’s training and experience — he was a 19-year Minneapolis police veteran — should have sized up the situation accurately.

Chauvin, wearing a light gray suit with a blue shirt and blue tie, showed little expression as he watched himself and the other officers pinning Floyd to the ground on bodycam video played by his attorney. He cocked his head to the side and occasionally leaned forward to write on a notepad.

Schleicher also noted that Chauvin was required to use his training to provide medical care to Floyd but ignored bystanders, rebuffed help from an off-duty paramedic and rejected a suggestion from another officer to roll Floyd onto his side.

“He could have listened to the bystanders. He could have listened to fellow officers. He could have listened to his own training. He knew better. He just didn’t do better,” Schleicher said.

“Conscious indifference. Indifference. Do you want to know what indifference is and sounds like?” Schleicher asked before playing a video of Chauvin replying, “Uh-huh” several times as Floyd cried out.

I am not a lawyer. nor have I followed every moment of the trail. That said these are my observations and opinions.
Yes, most of the memorials to Floyd are not deserved he was no angel, yes Chauvin's actions were not the sole reason Floyd is not here but that should not make a difference Chauvin the cop should be convicted on the most serious charge, Chauvin ignored Floyd's statements that he could not breathe, Chaivin ignored Floyd's cries for his mother, grown middle-aged men don't cry for their mama unless they are in real trouble, and Chauvin ignored Floyd being unresponsive for minutes. This was an act of pure sadism.

What I think will happen is either a hung jury or conviction of manslaughter. All the defense had to do was to convince one juror that there is enough reasonable doubt that Chauvin committed third-degree murder.

If he is acquitted God won't be able to help us.


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Brictoria
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19 Apr 2021, 7:54 pm

Brictoria wrote:
It seems that Ms Waters isn't confident of a guilty verdict, given her visit to the area and urging of the riots to continue:
Quote:
'We're looking for a guilty verdict,' she added in regards to the Derek Chauvin trial. 'If we don't, we cannot go away.'

'We gotta stay on the street,' Waters was recorded saying, adding that protesters needed 'to get more confrontational' and they should ignore the curfew in place.

Source: https://www.dailymail.co.uk/news/article-9483471/Fury-Maxine-Waters-tells-Minnesota-BLM-protesters-weve-got-confrontational.html

Given the jury are not sequestered, and so may be aware of this, it looks like something that could be used by the defence in any potential appeal (based upon the effect her words may have had on jury members), if not cause a potential mistrial, should enough jurors have heard it\been provided knowledge of it.

Outside of expecting to see "not guilty" verdicts on at least the most serious charges (if not all), I can't think of a reason any normal person would be trying to whip up outrage like that, as it appears aimed at trying to "encourage" a verdict she desires (In the "This is a nice town. I'd hate to see something worse than what is occurring now happen to it..." way).

As she also would have had to cross from another state in order to make these statements, it could be interesting to see whether she may have an issue with 18 U.S. Code § 2101...


It seems the judge wasn't too impressed by her words (calling them "abhorrent") - not quite enough for a mistrial, but potentially enough for an appeal and\or having trial overturned...
Quote:
The judge in Derek Chauvin's murder trial in the death of George Floyd criticized recent comments by Rep. Maxine Waters, D-Calif., and said her words could be grounds for the defense to appeal a verdict.

The congresswoman, who has long been a lightning rod for criticism from the right, was already facing a torrent of Republican ire for her comments over the weekend urging protesters in Minnesota to “get more confrontational” if Chauvin is not convicted, with several GOP lawmakers calling for Waters' expulsion from Congress.

Chauvin's lawyer asked the judge to declare a mistrial over Waters' comments, arguing that she had prejudiced the jury. Judge Peter Cahill denied the request, but said that Waters' comments were "abhorrent" and that she may have handed the defense a lifeline anyway.

"I'll give you that Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned," Cahill said as arguments in the case concluded Monday and the jury began deliberations.

Source: https://www.nbcnews.com/politics/congress/confrontational-maxine-waters-undeterred-marjorie-taylor-greene-criticism-chauvin-trial-n1264534


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