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Trial of Derek Chauvin, who Killed George Floyd

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TheRobotLives
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31 Mar 2021, 1:32 pm

Cornflake wrote:
Apparently the knee pressed into Floyd's neck just happened to be there, a mere inconsequential detail that changed nothing. :roll:

It seems to indicate *criminal negligence*.

"Criminal negligence refers to conduct in which a person ignores a known or obvious risk, or disregards the life and safety of others".

However, Chauvin is not being changed with that.


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TheRobotLives
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31 Mar 2021, 1:43 pm

Chauvin is being charged with *murder*, so it's a much higher burden for the prosecutor.

The three charges against Chauvin:

1. Second-degree unintentional murder - "Minnesota legislature states prosecutors must prove Chauvin caused Floyd's death, "without intent to effect the death of any person while committing or attempting to commit a felony offense other than criminal sexual conduct in the first or second degree with for or violence or a drive-by shooting."

2. Third-degree murder - A person is found guilty of third-degree murder if "whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evidencing a depraved mind, without regard for human life."

3. Second-degree manslaughter - "prosecutors will need to prove the former officer caused Floyd's death by "culpable negligence whereby the person creates an unreasonable risk and consciously takes chances of causing death or great bodily harm to another."

Derek Chauvin Charges
https://www.newsweek.com/derek-chauvin- ... yd-1579771

So, prosecutors have the burden to prove that it's Chauvin that caused Floyd's death, not drugs, not heart disease, not adrenaline.


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funeralxempire
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02 Apr 2021, 12:47 am

Quote:
Derek Chauvin’s police supervisor has told his murder trial that there was no justification for the officer to keep his knee on George Floyd’s neck for nine minutes.

Sgt David Pleoger, who arrived at the scene shortly after Floyd was taken away by ambulance, said that Chauvin and other officers holding down the 46-year-old Black man should have stopped using force once Floyd stopped resisting.

“When Mr Floyd was no longer offering up any resistance to the officers they could have ended their restraint,” he said.

Video recording showed that Chauvin kept pressing his knee into Floyd’s neck even after the detained man pleaded that he could not breathe and then stopped moving.


https://news.yahoo.com/chauvins-supervi ... 16775.html

Sounds pretty indefensible. :cry:


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TheRobotLives
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02 Apr 2021, 10:46 am

Even more troubling ..

Chauvin kept his knee on Floyd even after another officer told him Floyd had no pulse.

However, none of this actually proves murder.


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02 Apr 2021, 10:58 am

Positional asphyxia ... Chauvin is looking guiltier and guiltier. Semantics aside, this jury is unlikely to let that guy get off scot-free. The weight of his department is against him.


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funeralxempire
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02 Apr 2021, 11:08 am

Whether or not Chauvin is found criminally responsible is up to a jury of his peers. If some of them are convinced Floyd's death was coincidental they might not vote to convict but I don't see too many jurors believing that Chauvin wasn't directly responsible for George Floyd's death.

That said, jury nullifications are a real thing and there's a long history of cops walking away from murder charges that they should have been convicted of. I hope this isn't yet another case of justice being denied because the murderer was in the gold badge gang.


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02 Apr 2021, 3:35 pm

TheRobotLives wrote:
How can they convict Chauvin when they don't know what caused Floyd's heart to stop?

Dueling scientific experts will say different causes are possible.

The jury has to determine beyond a reasonable doubt that it's Chauvin that caused Floyd's heart to stop, not drugs, not artery blockage, not COVID, not sudden stress ...

Yeah, considering the publicity the prosecution has to put on a show. But otherwise there is no case, or at least it will become so in appeals, even if there is an initial conviction.

I'm sure the civil case for $$$ will be very successful though.


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03 Apr 2021, 10:58 am

r00tb33r wrote:
TheRobotLives wrote:
How can they convict Chauvin when they don't know what caused Floyd's heart to stop?

Dueling scientific experts will say different causes are possible.

The jury has to determine beyond a reasonable doubt that it's Chauvin that caused Floyd's heart to stop, not drugs, not artery blockage, not COVID, not sudden stress ...

Yeah, considering the publicity the prosecution has to put on a show. But otherwise there is no case, or at least it will become so in appeals, even if there is an initial conviction.

I'm sure the civil case for $$$ will be very successful though.

The civil case has already been settled, for $27M - a record high number in cases like these.


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05 Apr 2021, 1:37 pm

A "remarkable move": Minneapolis police chief expected to testify against Derek Chauvin

Quote:
Minneapolis police chief Medaria Arradondo is expected to take the stand as soon as today, as testimony in the Derek Chauvin trial continues for a second week.

Why it matters: The city's top cop will tell jurors that Chauvin's "conduct was not consistent" with MPD training and policies, per special prosecutor Jerry Blackwell's opening statement.

"He will not mince any words. He’s very clear. He will be very decisive, that this was excessive force."

Flashback: Arradondo, who fired all four officers involved in George Floyd's killing last summer, previously characterized Chauvin's actions as "murder."

"Mr. George Floyd’s tragic death was not due to a lack of training — the training was there. This was murder — it wasn’t a lack of training."

Between the lines: It's rare for a chief to testify against an officer, The Guardian notes. One expert called the decision "a pretty remarkable move."

Of note: Arradondo also testified in the 2019 trial of former officer Mohamed Noor. He was assistant chief when Noor fatally shot 911 caller Justine Ruszczyk in South Minneapolis.

The timing: Judge Peter Cahill told the court pool reporter that Arradondo will probably testify today, but that could change.

An MPD spokesman told us that the chief is on standby given the "fluctuating cadence of the trial."


Reuters coverage of the same


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05 Apr 2021, 1:47 pm

ER Doctor: Paramedics Never Said George Floyd Had Heart Attack or OD’d

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The emergency room doctor who pronounced George Floyd dead said Monday that when paramedics brought the 46-year-old Black man to the hospital on May 25, no one told him they suspected he’d had a drug overdose or heart attack.

Dr. Bradford Wankhede Langenfeld, who was a senior resident at the Hennepin County Medical Center at the time, explained to jurors how he tried to resuscitate Floyd when he was brought into the ER after former Minneapolis Police officer Derek Chauvin held his knee on him for over nine minutes. He said that while he was immediately told that Floyd was “detained” by police at the time of “medical emergency,” paramedics did not mention anything about a possible drug overdose.

“Any amount of time a patient spends in cardiac arrest without immediate CPR markedly decreases the chance of a good outcome,” Langenfeld told jurors in Hennepin County court, suggesting that officers at the scene should have provided medical attention. “Approximately 10 to 15 percent decrease in survival for every minute that CPR is not administered.”

Langenfeld said Floyd’s heart was not beating to a “degree sufficient to sustain life” when he was brought in, prompting his team to perform several life-saving measures, including chest compressions and artificial airways, as they tried to revive him.

After about 30 minutes, however, they declared him dead. The doctor said that hypoxia, or low oxygen, was the most likely cause of Floyd’s cardiac arrest based on the information he had at the time of his death. He added that oxygen deficiency is commonly known as “asphyxia.”

Langenfeld’s testimony comes after several current and former Minneapolis police officials slammed Chauvin’s decision to use the excessive-force restraint position, all insisting it was “totally unnecessary” after Floyd had stopped resisting.

Chauvin, 45, is on trial for second- and third-degree murder as well as second-degree manslaughter after holding his knee on Floyd’s neck during an arrest over a counterfeit bill. Three other officers—Tou Thao, Thomas K. Lane, and J. Alexander Kueng—have pleaded not guilty to aiding and abetting second-degree murder while committing a felony, as well as aiding and abetting second-degree manslaughter with culpable negligence.

Eric Nelson, the former law enforcer’s defense lawyer, has argued that Floyd’s death was the result of health issues and drugs—and that his client was simply doing what “he was trained to do throughout his 19-year career.”

But Chauvin’s former peers who were involved in the aftermath of Floyd’s arrest disagreed with that assessment, stating that they would never use the kind of force the cop did on May 25, 2020—which was captured in a video shared around the world.

Prosecutors revealed Monday that three other MPD officials are expected to testify, including Inspector Lt. Katie Blackwell, who will insist officers are not trained to place knees on the necks of those in custody, and Sgt. Ker Yang, who will also testify about MPD’s crisis-intervention training given to all officers. Two use-of-force experts are also expected to testify against Chauvin’s actions on Monday.

Minneapolis Police Chief Medaria Arradondo was the first of these officials to testify on Monday, walking jurors through the various trainings required by his department‚ including de-escalation techniques.

“The goal is to resolve the situation as safely as possible. So you want to always have de-escalation layered into those actions of using force,” Arradondo, who was responsible for firing Chauvin last year, said.

Calling the training “vitally essential,” he added that the curriculum for new officers has changed over the last 30 years. For instance, in 2016, police were told that bystanders could record them under their First Amendment rights—even if it is “irritating.”

On Friday, the longest-serving officer in the Minneapolis Police Department, Lt. Richard Zimmerman, testified that officers have never been trained to kneel on a person’s neck while they are handcuffed. Instead, officers are told to put people on their side or have them sit up after handcuffing them.

“Totally unnecessary. First of all, pulling him down to the ground face-down and putting your knee on a neck for that amount of time is just uncalled for,” Zimmerman, who has been with the department since 1985, said when asked about the videos of the incident. “I saw no reason why the officers felt they were in danger. And that’s what they would have to feel to be able to use that kind of force.”

Sgt. David Pleoger, a former shift supervisor with the Minneapolis Police Department who received a call about Floyd’s arrest from a concerned 911 dispatcher, also testified Thursday that Chauvin’s use of force went too far.

“When Mr. Floyd was no longer offering up any resistance to the officers, they could’ve ended the restraint,” Pleoger said.

Last week, several bystanders emotionally described to jurors how they repeatedly asked Chauvin to remove his knee and to check Floyd’s pulse during the arrest. Among the group were an off-duty Minneapolis firefighter and EMT—who said she was ignored after repeatedly offering her assistance—as well as an MMA fighter who tried to explain that Chauvin’s chokehold was cutting off Floyd’s circulation. Several teenagers also testified how they begged the officers to stop as Floyd was “gasping for air.”

When paramedics finally arrived at the scene, Chauvin had to be instructed to get off Floyd. Prosecutors stated that when Floyd was loaded into the ambulance, he had no pulse.

The Hennepin County Medical Examiner concluded Floyd died of cardiac arrest from the restraint and neck compression, also noting that Floyd had heart disease and fentanyl in his system. An independent report commissioned by Floyd’s family, which will not be shown at trial, concluded that he died of strangulation from the pressure to his back and neck. Both reports determined Floyd’s death was a homicide.


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TheRobotLives
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05 Apr 2021, 2:07 pm

funeralxempire wrote:
The Hennepin County Medical Examiner concluded Floyd died of cardiac arrest from the restraint and neck compression, also noting that Floyd had heart disease and fentanyl in his system. An independent report commissioned by Floyd’s family, which will not be shown at trial, concluded that he died of strangulation from the pressure to his back and neck. Both reports determined Floyd’s death was a homicide.[/color][/url]

The medical examiner determined *homicide* based on watching the video, not based on a physical examination.

The medical examiner said based on a physical examination, he would determine cause of death as *drug overdose*.


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Last edited by TheRobotLives on 05 Apr 2021, 2:09 pm, edited 1 time in total.

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05 Apr 2021, 2:08 pm

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.


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05 Apr 2021, 2:15 pm

TheRobotLives wrote:
The medical examiner said based on a physical examination, he would determine cause of death as *drug overdose*.


You've claimed that before.


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07 Apr 2021, 10:00 am

Another zinger on Chauvin,

He supposedly did not move Floyd into the *recovery position* (on Floyd's side).

A junior officer even suggested it, and Chauvin said "No".


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07 Apr 2021, 10:05 am

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.


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07 Apr 2021, 11:32 am

Capital punishment in Minneapolis? Seriously?

Would the incompetent liberal idiot mayors, police chiefs and prosecutors who knowingly tolerated racism on the Minneapolis police force now support the death penalty for a racist murder on the police force? Would another racist, the AG of the state of Minnesota, allow it even though liberal idiots outlawed it in the state a century ago?

I guess it's possible. Being seen as hypocrites hasn't deterred them in the past.