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Why are the prosecutors for George Floyd going to trial?

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ironpony
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13 Jul 2020, 1:20 pm

According to the latest news on the case, the four officers charged were unable to negotiate a plea bargain, and the prosecutor wants to go to trial. But I find this highly unusual because it seems that 98% of the time, prosecutors will negotiate a plea bargain and not go to trial. Why are they making an exception for this case, especially when would have no problem getting a plea bargain in this type of case?



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13 Jul 2020, 1:22 pm

For fame?


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13 Jul 2020, 1:38 pm

Speculation: One side or the other (maybe both) was offering/requesting a deal that the other side just could not accept.  No "exception" was made, so the case goes to trial.

This is how it usually works.


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13 Jul 2020, 1:45 pm

Probably because the evidence to charge them on isn't actually that strong. They might be able to get Chauvin on a manslaughter charge, but the other three will go free. Why accept a plea bargain in that case?

The arrest transcript is here, if anyone is interested in reading it. There's a case to be made that he was dying before the police showed up. At any rate, he needed to be arrested - not for the reason they were called, but for attempting to drive whilst off his head on drugs.

As to why they're still going to trial when they're unlikely to win... why would they want the cities to burn down again? It's a delaying tactic to keep the mob satiated for a little while.



ironpony
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13 Jul 2020, 2:11 pm

But if the evidence is not that strong, than wouldn't the prosecutor want to plea bargain, because going to trial means the prosecution could loose more likely. So wouldn't you want to plea bargain then, if you don't have a slam dunk in the evidence?



ironpony
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13 Jul 2020, 2:12 pm

Fnord wrote:
Speculation: One side or the other (maybe both) was offering/requesting a deal that the other side just could not accept.  No "exception" was made, so the case goes to trial.

This is how it usually works.


Oh okay, but this doesn't seem to be how it usual works, because it seems that almost all cases end in a plea bargain, and defendants will often take them rather than going to trial.



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13 Jul 2020, 2:22 pm

Magneto wrote:
Probably because the evidence to charge them on isn't actually that strong.
If the prosecution believes it has a strong enough case, it usually goes to trial. If the defense believes it has a strong enough case, it usually goes to trial.  If either side believes their case is weak, there is usually a plea-bargain.  If both sides believe the case is weak, it is usually dropped.  Simple.
Magneto wrote:
The arrest transcript is [available], if anyone is interested in reading it. There's a case to be made that he was dying before the police showed up. At any rate, he needed to be arrested - not for the reason they were called, but for attempting to drive whilst off his head on drugs.
Even if this is true, it still does not justify his murder.
Magneto wrote:
As to why they're still going to trial when they're unlikely to win...
Most likely, one side or the other (maybe even both) believes that they can win a trial.  The simplest reason is the defendants want to stay out of prison, and the prosecution want to put them there -- no need to complicate matters with piling conspiracy upon conspiracy.


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13 Jul 2020, 2:35 pm

I'm honestly surprised there not trying to flip one of the other cops to testify against Chauvin.


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13 Jul 2020, 2:54 pm

Quote:
If both sides believe the case is weak, it is usually dropped.

Not when mobs will burn cities down if it's dropped.



ironpony
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13 Jul 2020, 3:10 pm

vermontsavant wrote:
I'm honestly surprised there not trying to flip one of the other cops to testify against Chauvin.


Well it was said before that the evidence may be kind of weak, but it was caught on video and in close up too, so isn't video evidence in close up, pretty strong?



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13 Jul 2020, 3:20 pm

ironpony wrote:
vermontsavant wrote:
I'm honestly surprised there not trying to flip one of the other cops to testify against Chauvin.


Well it was said before that the evidence may be kind of weak, but it was caught on video and in close up too, so isn't video evidence in close up, pretty strong?
The video is damning but if the defense can get the video excluded,then the state has no case.


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ironpony
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13 Jul 2020, 3:36 pm

True, but why would the video be excluded?



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13 Jul 2020, 3:48 pm

When a defendant is arraigned, there are 3 things that can happen:

1) Plea bargain
2) Case brought to trial
3) Charges are dropped

Most cases are plea bargained due to many factors such as the defendant is trying to serve the minimum time possible, the DA has a weak case and wants to see what they can get out of it, and/or the defendant is stuck in jail because they cannot make bail and wants to get on with their life.

In this case, because of the tensions, dropping the charges are not a possibility unless the DA wants to see Minneapolis and Saint Paul on fire again. Hence, if they cannot get a plea bargain, they have to go to trial, regardless of how weak their evidence is.



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13 Jul 2020, 4:01 pm

vermontsavant wrote:
I'm honestly surprised there not trying to flip one of the other cops to testify against Chauvin.
They are.  It just hasn't worked yet.


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13 Jul 2020, 4:04 pm

Magneto wrote:
Quote:
If both sides believe the case is weak, it is usually dropped.
Not when mobs will burn cities down if it's dropped.
Right ... and just how many cities are burning right now?  Sure, there will be riots -- or "civil unrest" -- but nothing akin to Hiroshima.


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ironpony
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13 Jul 2020, 4:05 pm

vermontsavant wrote:
I'm honestly surprised there not trying to flip one of the other cops to testify against Chauvin.


But I read that this was the other officer's defense, is that the defense lawyers are trying to get the DA to flip but the DA is not accepting it and wants to prosecute all 4 to the max in a trial, it seems.