Posted on 06/11/2020 9:58:15 PM PDT by Hojczyk
It may not change anything, but our legal system is built on a rock solid foundation of “innocent until PROVEN guilty.”
The prosecution has the job of proving that the accused in absolutely guilty of the crime beyond any reasonable doubt.
The defendant attorney has the job of showing reasonable doubt if there is any.
The jury is supposed to remain neutral so they may render the decision without any pre-conceived biases.
That’s going to prove unusually difficult since everyone in America except the dumbest imbecile has already formed an opinion.
In the Freddie Gray case in Baltimore, the first officer tried chose a jury and he was found guilty of lesser crimes. (his conviction was later vacated)
The other officers chose a bench trial. No jury. Decision made by the judge.
I suspect that will happen here as well. The judge should have a better chance of intentionally setting aside biases and rendering a fair verdict.
I feel especially bad for the rookie who was on his fourth day on the job. He doesn’t possibly know enough to intervene and go yank Chauvin off Floyd’s neck. That’s why he’s a rookie.
From what I’ve seen and it’s truly not much, I can’t see a murder charge sticking in an honest court. I can see manslaughter or negligent homicide, but as of now, he hasn’t been charged with that.
In the Freddie Gray trials, the officers were grossly overcharged by the incompetent prosecutor so proving guilt beyond reasonable doubt was impossible.
I think we’re going to see the same thing here.
5-311 USE OF NECK RESTRAINTS AND CHOKE HOLDS (10/16/02) (08/17/07) (10/01/10) (04/16/12)
DEFINITIONS I.
Choke Hold: Deadly force option. Defined as applying direct pressure on a person’s trachea or airway (front of the neck), blocking or obstructing the airway (04/16/12)
Neck Restraint: Non-deadly force option. Defined as compressing one or both sides of a person’s neck with an arm or leg, without applying direct pressure to the trachea or airway (front of the neck). Only sworn employees who have received training from the MPD Training Unit are authorized to use neck restraints. The MPD authorizes two types of neck restraints: Conscious Neck Restraint and Unconscious Neck Restraint. (04/16/12)
Conscious Neck Restraint: The subject is placed in a neck restraint with intent to control, and not to render the subject unconscious, by only applying light to moderate pressure. (04/16/12)
Unconscious Neck Restraint: The subject is placed in a neck restraint with the intention of rendering the person unconscious by applying adequate pressure. (04/16/12)
PROCEDURES/REGULATIONS II.
The Conscious Neck Restraint may be used against a subject who is actively resisting. (04/16/12)
The Unconscious Neck Restraint shall only be applied in the following circumstances: (04/16/12)
On a subject who is exhibiting active aggression, or;
For life saving purposes, or;
On a subject who is exhibiting active resistance in order to gain control of the subject; and if lesser attempts at control have been or would likely be ineffective.
Neck restraints shall not be used against subjects who are passively resisting as defined by policy. (04/16/12)
After Care Guidelines (04/16/12)
After a neck restraint or choke hold has been used on a subject, sworn MPD employees shall keep them under close observation until they are released to medical or other law enforcement personnel.
An officer who has used a neck restraint or choke hold shall inform individuals accepting custody of the subject, that the technique was used on the subject.
******************
The police officers had no idea what was in his blood, or if anything was in his blood. As far as the officer's activities goes, his blood report means nothing.
Floyd repeatedly told the officer's he couldn't breathe. I know, he was talking, so he WAS breathing.
He quit talking. Bystanders repeatedly told the police that he wasn't breathing. The police even checked his pulse. He was totally non-responsive.
Chauvin continued to kneel on his neck for nearly 3 minutes.
Well, with respect sir, my experience in field applications differs (re: tasers).
Re: the neck hold, I agree, they probably could have restrained him without that. But based on the autopsy, the results would have been the same for the unfortunate Mr. Floyd.
All I’m saying is it too soon to judge, there will be a lot more evidence, and these guys deserve a fair trial, not the social media lynch mob that has been mustered to date. Which, by the way, it should now be obvious is an orchestrated part of the Democrat election strategy.
2nd degree murder in an overcharge. According to Minnesota law, anyway.
I’m going to guess that you’ve never tried to subdue a guy stoned out of his mind on dope.
I thought that was obvious - every one of the forensic scientists I quoted said exactly the same thing.
Are you claiming that George Floyd had high tolerance? Based on what facts?
In any event, the clinical data I cited in my first Comment is not insignificant.
One hospital took blood samples at death from their terminal cancer patients on fentanyl. 12 ng was the average.
They also took blood samples at death from their fentanyl overdose fatalities. 25 ng was the average.
Re: “dose fentanyl at 100 micrograms per hour”
You are certain that is the dose?
11 nanograms in your blood can cause pulmonary arrest, according to the Chief of Forensic Medicine at the University of Florida.
I am curious - what other commonly used medical drugs have a life or death parameter of just 11 nanograms?
By the way, until 2019, most hospitals were not even screening for fentanyl on their overdose patients.
Uh, no. Prone positioning (stomach down) would further restrict the bellows action of the diaphragm reducing intake even further in a person with “wooden chest” syndrome.
They are supposed to be restrained with both arms or one arm over their head, one at the side and either face up or on side if vomiting. The arms up increases lung capacity and Oxy/CO2 exchange.
Anything that restricts oxygen in any manner can kill ExD patients. Most survive as long as they are not improperly restrained.
Chauvin was on his neck and back for nearly 8 minutes. How long can you hold your breath?
respect back
It seems to be a fact the cop had his knee on the guys neck for over 7 minutes and he was cuffed. Looks bad so fr.
I am sure the fulls tory remains to be told. Hard to conceive those 7 ninutes were necessary. Even PCP guys wear out.
Chauvin's neck hold is clearly authorized by the Police Manual. He never applied pressure to the front or back of Floyd's neck. All pressure to Floyd's back stopped when Floyd stopped resisting arrest.
Floyd died from “cardiopulmonary arrest.”
The words “asphyxia,” “suffocation,” or “strangulation” do not appear in the autopsy.
Floyd's neck, throat, and back were examined externally and internally by the Medical Examiner. There was zero trauma.
Floyd had 11 ng of fentanyl in his blood.
“Ng” stands for “nanogram.” That is one billionth of a gram.
When terminal cancer patients die - usually unconscious - they average 12 ng in their blood samples.
When experienced drug users die of fentanyl overdose, they average 25 ng.
Fentanyl causes death by “pulmonary arrest.”
And yet the death cert states homicide and not drug overdose.
And 2 minutes and 53 seconds of neck restrain after all movement ceased and no pulse detected.
Again, how long can you hold your breath?
The neck restraint may be in the police manual, but that doesn’t make it legal and appropriate in all circumstances.
You should also realize that government doesn’t get to make something legal by mere rulemaking of non-elected officials, most especially when that something has a high rate of fatalities, thus violating your due process rights as well as your right to life.
This is the first alleged criminal fatality.
The autopsy report says that Police “subdual, restraint, and neck compression” caused “cardiopulmonary arrest.”
The prosecution will have to explain how Police actions that caused no neck trauma, no chest compression, and no reduction in blood oxygen resulted in death. They will also have to explain why 11 ng of fentanyl played no role in the death.
In the very first reports on this death, one unnamed officer allegedly said he heard Floyd snoring, and another unnamed officer said he thought Floyd fell asleep.
I am an old fashioned Conservative - innocent until proven guilty.
Let's talk again after we hear the Defense make their case.
No trauma asphyxiations are about 15% of all asphyxiation deaths. It’s particularly common in restraint scenarios (especially sex play and domestic violence) because the culprit is slow steady pressure over longer periods of time rather than hard traumatic pressure or crushing in shorter periods of time.
Loads of forensic literature on the subject.
Also doesn’t matter if the procedure was in the manual for twenty years if it wasn’t in compliance with the actual training on how it is to be performed i.e. in a careless or reckless manner.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.