Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Derek Chauvin Trial Was a Travesty, Prosecutors Violated Rules That Protect Us All
Townhall.com ^ | April 22, 2021 | John Lott Jr

Posted on 04/22/2021 4:24:33 AM PDT by Kaslin

The Derek Chauvin trial was a travesty. Prosecutors were allowed to break all the rules. Whether that was because Judge Peter Cahill is a Democrat in a heavily Democrat area and wanted to convict Chauvin or whether he didn’t want to take the heat for declaring a mistrial, prosecutors realized that they didn’t have to follow the standard rules. One can only hope that the appeals court judges have stiffer spines.

People focus on Congresswoman Maxine Waters’ calls for an anti-police crowd in Minneapolis “to get more confrontational” when violent riots were already taking place may have intimidated witnesses. And if the jurors heard of her comments, that would be concerning, and as Judge Cahill noted, could lead to a mistrial. But Cahill didn’t make the obvious response. He should have quizzed the jurors to see if they had heard anything and replaced those that had with alternates who hadn’t. That is common practice. Yet, no action was taken, making one wonder if Cahill thought that there was a chance that he would have to remove more jurors than there were alternates. 

But there is a long list of other serious concerns that haven’t gotten news attention that should have resulted in a mistrial. Let’s go through a few of the abuses by prosecutors.

The prosecution dumped over 5,000 documents on the defense during the trial. I have no clue how many pages of documents we are talking about. The dumps of five or six hundred documents often occurred at 5 PM the day before they were relevant. The prosecution has had a year to put this case together, they have had a large team of lawyers and massive staff, and they had no excuse for this type of abuse. Anyone can surely forget to provide a few documents on time, maybe even a few dozen, but not many thousands. It was a clear abuse. Amazingly, Eric Nelson, Chauvin’s defense attorney, was able to go through his ordinary preparations, look through the new material, and still function during his cross-examinations. Still, the wear on him showed as the trial went on, which was undoubtedly part of the prosecutors’ plan.

Despite waiting to the last minute to dump documents on the defense, the prosecution still managed not to provide key documents at all. Take the prosecution’s use of Dr. Martin Tobin, Physician in Pulmonary and Critical Care Medicine, in the rebuttal to defense expert Dr. David Fowler, a forensic pathologist. 

Back in February, Fowler had requested Floyd’s carbon monoxide blood concentration. The hospital had done a test on the carbon monoxide level of George Floyd’s blood, and, importantly, it looks as if Tobin had long known of the test, but the defense never received that evidence. Judge Cahill correctly ruled that Tobin could not reference this evidence, and it was clear that referencing it could cause a mistrial. 

So what happened? Tobin came right out and referenced the blood gas data. Tobin said that the possibilities raised by Fowler of carbon monoxide poisoning were not reliable: “I base it on the arterial blood gas that was obtained when Mr. Floyd was in Hennepin County.” 

But if you want a simple example of how far off the rails the prosecutors went, listen to the prosecutor Jerry Blackwell’s closing rebuttal. Prosecutors face real constraints in questioning the honesty of the defense lawyers. Nor are they allowed to belittle the defense lawyers’ arguments. Prosecutors are representing the state, and have a certain credibility and authority not had by defense attorneys. Blackwell flagrantly violated those rules. 

We aren’t talking about two or three times, but probably at least 20 times. Time after time, Blackwell would say that the jurors “didn’t get the whole truth” from the defense. That statements from the defense were “either completely not true or the facts have been altered.” That the defense told “a story” when they should have been concerned with “the facts.”

The judge warned the prosecutor, but he kept doing it. Even part of this alone would, in most normal cases, be enough for a mistrial.

Another problem was the experts. A side in a case is allowed one or two experts to make a point, but the prosecution just piled on expert after expert who made the same points. What was highly unusual for such a high-profile trial is how many prosecutor’s experts had never previously been experts in a criminal case before. But the analysis of these experts would require another op-ed piece.

It is impossible to get in Judge Cahill’s mind and figure out why he let the prosecutors act the way they did. The bottom line is that these rules exist for a reason, and violating them made it so that Chauvin didn’t get a fair trial. That is something that should concern everyone.


TOPICS: Culture/Society; News/Current Events; US: Minnesota
KEYWORDS: anarchotyranny; derekchauvin; georgefloyd; judgescourts; keithellison; minneapolis; minnesota; mobrule; trial
Navigation: use the links below to view more comments.
first 1-2021-40 next last

1 posted on 04/22/2021 4:24:33 AM PDT by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

And the judge allowed it.


2 posted on 04/22/2021 4:34:13 AM PDT by Sirius Lee (They intend to murder us. Prep if you want to live and live like you are prepping for eternal life)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

There are at least four reasons for an appeals court to overturn this verdict. The only question is do they have the courage, under the same physical threats the jury was under, to do it.


3 posted on 04/22/2021 4:35:29 AM PDT by MNnice
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sirius Lee

Judge Cahill is a former Amy Klobuchar staffer.


4 posted on 04/22/2021 4:36:08 AM PDT by MNnice
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Floyd 6’7” and threatening a 5’11” cop.

Chauvin did not pull his gun - he attempted to control Floyd with handcuffs. Murder was not on his mind - he used physical constraint - period!


5 posted on 04/22/2021 4:36:17 AM PDT by sodpoodle
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

When it comes to appeals, remember, this is Minnesota, and the entire political and judicial system is riddled with strategically placed quislings that mean to keep the imposed conformity together.

Thank you, Hubert Humphrey. Your legacy lived on long after you.


6 posted on 04/22/2021 4:37:18 AM PDT by alloysteel (¡Viva la Revolución! It worked for Castro....)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Well there’s a bunch of state law evidentiary issues, the big one is simply the fact that there’s a Brady problem with this case. Some of the other evidentiary issues would be decided by the Minnesota state court. But Brady is a constitutional issue and Scotus rulings trump state court decisions.


7 posted on 04/22/2021 4:37:20 AM PDT by GeorgianaCavendish ("Come ye after me, and I will make you to become fishers of men.")
[ Post Reply | Private Reply | To 1 | View Replies]

To: Sirius Lee

Which is even more reprehensible, IMO.

From what I understand from other reporting is the jury came in the same door as court house staff. Protestors understood this and were there, outside that entrance as well as the main entrance, screaming at everyone who walked in. This, of course, received virtually no reporting from mainstream media.

Worse yet, the judge continued to allow the jurors to come in this way, which was really an artifact of his horrific decisions to not sequester the jury and not change venue.


8 posted on 04/22/2021 4:47:48 AM PDT by ScubaDiver (Reddit refugee.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Prosecutorial misconduct? What do you expect with Commie Ellison in charge?

The Lynch mob of the left ruined due process.This included statements by Biden, Harris and Waters.The judge refused general sequestration of the jury? He refused a mistrial motion? What a cowardly JERK!

Like Greg Gutfeld said satirically on Fox News: “ I am so glad they found Chauvin guilty, that means my neighborhood won;t be burned down and looted.”

And Greg was roundly reviled and reprimanded by his pearl clutching co-hosts. Greg was right.Judge Janine was WRONG.


9 posted on 04/22/2021 4:49:00 AM PDT by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

The other 3 cops will no doubt be rail-roaded.


10 posted on 04/22/2021 4:50:00 AM PDT by windowdude
[ Post Reply | Private Reply | To 1 | View Replies]

To: MNnice

This wasn’t an Anglo-Saxon trial by jury, but a heathen blood sacrifice to appease the gods of critical race theory.


11 posted on 04/22/2021 4:51:06 AM PDT by AndyJackson
[ Post Reply | Private Reply | To 3 | View Replies]

To: Kaslin
 
 
Everything about this Floyd incident has been disproportionate. And it should have triggered the suspicions of every citizen long ago. Chauvin has been elevated to the status akin to that of a Nazi war criminal. I'm not sure even Osama Bin Laden was on the receiving end of this level of raw hatred. Floyd, wasn't some great philanthropist, humanitarian or venerated world leader - just some 2 bit nobody. But he got a send-off worthy of a deceased Roman Catholic Pope. People need to wake up and smell the stench. There's institutionalized evil at work here.
 
 

12 posted on 04/22/2021 4:51:38 AM PDT by lapsus calami (What's that stink? Code Pink ! ! And their buddy Murtha, too!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: sodpoodle

I could be misremembering this, but I believe Chauvin is only 5’9”...140-lbs. Floyd weighed almost 100-lbs more than Chauvin did.

I’m 220-lbs. The prosecution would have everyone believe that if my 110-lb daughter kneeled on my back for 10-minutes, she’d kill me. And apparently, the state found 12 people dumb enough to buy that argument.


13 posted on 04/22/2021 4:52:19 AM PDT by ScubaDiver (Reddit refugee.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: windowdude

Two of whom are - wait for it - people of color.


14 posted on 04/22/2021 4:52:47 AM PDT by ScubaDiver (Reddit refugee.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: windowdude

Some years before I retired I was offered a job that would have permanently relocated me to Minneapolis. For convenience to the plant, I might well have bought a house in Brooklyn Center. Imagine my relief now, I having turned it down.


15 posted on 04/22/2021 5:00:21 AM PDT by Chad C. Mulligan (Deplorably Neanderthal)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Sirius Lee

And don’t expect any reversal all the way to and including SCOTUS.


16 posted on 04/22/2021 5:04:17 AM PDT by Kozak (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

America.
Endless Law.
No Justice.


17 posted on 04/22/2021 5:06:46 AM PDT by Kozak (The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Re: prosecution dumping docs the day before they are relevant.

Sounds like Congress and budget bills.


18 posted on 04/22/2021 5:11:48 AM PDT by sauropod (Chance favors the prepared mind.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

I the bigger errors were not granting a change of venue or sequestering the jury.


19 posted on 04/22/2021 5:27:34 AM PDT by circlecity
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

The jurors seated in the box were not the actual jurors in this trial. They were simply proxies for the BLM/antifa pukes that were rioting in the streets.


20 posted on 04/22/2021 5:40:52 AM PDT by allblues (God is neither a Republican nor a Democrat but Satan is definitely a Democrat)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-40 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson