Posted on 03/29/2021 3:22:41 PM PDT by yoe
On Monday, attorneys laid out their cases in the murder trial of former Minneapolis police officer Derek Chauvin, who is charged in the death of George Floyd last spring.
(Excerpt) Read more at twitter.com ...
Yes, I think it was manslaughter. Unintentional homicide through lack of care for the restrained man’s life.
not disagreeing with you about it being manslaughter
but don’t you still have to prove it was Chauvin that caused the death
I mean lets take this extreme example....
If someone get hit by a car and you don’t run over and do first aid and that person dies surely you can’t be charged with mansluaghter.
again, not tying to argue, just asking because I don’t know
Fine by me as long as the libs don’t start moving to where I am. There are enough here already
If "following procedure" means you can be prosecuted for injury, harm or death then everytime a policeman follows procedure and kills someone they're going to be prosecuted. The only evidence against Chauvin is emotion. The evidence FOR Chauvin is everything else.
Maybe it will depend on what the Minneapolis police procedure is supposed to be for restrained prisoners who need immediate medical assistance. Did Chauvin and the other officers render the assistance they should have?
The video will come in too. Don’t discount the emotions of the jury. This case will be decided on it. I have to take that into consideration in every case I take to trial.
There should be plenty of reasonable doubt here re: murder.
But with the makeup of the jury, I expect a hung jury or a conviction, regardless of reasonable doubt.
Jury nullification based on Black Lives Matter purposeful racial strife and threats is highly possible. Also, I suspect the jurors are secretly terrifed of voting to convict. BLM will take violent revenge against them if Dauvin isn’t convicted.
That’s the part I was referring to. Most of that is on video.
and?
lol
It was when HE was an officer.
“Following procedure is a very weak defense.”
That’s utter nonsense. Chauvin was following approved procedures of the Minneapolis Police Department, not the Nazi SS. And there is no evidence the approved procedures caused harm. George Floyd died of fentanyl poisoning, not neck compression. It just looked bad on video; that’s the whole case, which ought to be no case at all in a sane world.
Do you really think he’ll get off?
I believe you are exactly correct...Using a witness to excite and incite the jury with that blatant falsehood of the “blood choke” demonstrates the triumph of opinion (aka lies, in this case) over evidence...
Autopsy evidence will be heard when the defense has its turn, but the idea of a brutal “blood choke” is now and will remain firmly planted in the minds of the jury...An opinion offered by a layman witness, and not yet in evidence...
What time was the incident?
What was the official time of death?
That Should be enough to raise “Reasonable Doubt” along with the Training Officers, Training records as well as who made the training decision to go with that particular style of training.
While I am not a lawyer, I am in a technical trade that has to deal with a lot of court cases.
When there is a violation (injury, accident, environmental) the first step is “Was the procedure followed?”
A good portion of the time, that answer is “no” and now you go down that rather horrible rabbit hole.
However, in a recent injury case were the procedure was followed, the response became “Was the procedure correct? Would a reasonable person understand that the procedure was correct?”
That is the scary one. See “Reasonable” has a very specific meaning. If the procedure was being followed, but still resulted in an injury, the Injured Person AND the person who developed the procedure are suddenly under the microscope. In the case I am mentioning the lead man was following documented procedure, had plenty of evidence that the procedure was being followed as documented, was still held liable because it did not pass the “reasonable” step.
Can’t go into to many more specifics than that.
So now the defense has to argue that a reasonable response is to put a knee to a handcuffed mans neck for 9 minutes, while the man is crying for help, because that is following procedure.
In my world (technical again), such a procedure would result in the person doing the activity AND the person/s who wrote the procedure facing liability for the injury. “Following the department procedure” is not a defense, and has been called out as such in many, many training sessions I have been in since I was a shiny hat engineer.
To say that the police are held to a lesser standard than engineers means we are in a horrible situation.
Not sure. My lawyer buddies were speculating.
>>Do you think that's consistent with the foothold and Chauvin’s response?<<
Now that's not nice. Answer a question with a question. lol
I will then answer my own question before addressing yours. Yes, it is scientifically possible to cut off blood flow to the brain by applying pressure to the carotid artery located in the neck.
Can you facilitate the death of a human being by restricting blood flow to the brain by applying excessive pressure to the carotid artery located in the neck..yep!
My take on this. Floyd's a thug. He contributed to his own death by ingesting Percocet’s, Fentanyl and Methanphetamine.
Furthermore, if Floyd would have been a law abiding citizen and not attempt to pass off a fake $20 bill, the cops would not have been called, he would not have been arrested and would not have a had a cop placing his knee on the dudes carotid artery...which just happens to be located in the neck. lol
That said, the (ex) officer should have lightened up and removed his knee from Floyd's neck. It was over the top.
Floyd was handcuffed and under officers control. By continuing to apply pressure to Floyd's neck for an extended period and having Floyd which was already under pulmonary stress by being under the influence of substances that contribute to pulmonary arrest and death, laying on his stomach, hands behind his back also made it difficult to breath.
My prediction. Officer Chauvin will be acquitted of murder. His offense would likely be seen as manslaughter by the jury. He will never serve as an officer again. When the jury comes back with an acquittal, the bone heads will again trash the cities.
“George Floyd is a tragedy but making a martyr of a failed man is wrong. Floyd took his life probably when he started taking drugs.”
Blacks did it with tawanna brawley, rodney king, with treyvon, they did it with michael brown, breonna ,and now this. ALL LOSERS, ALL triggered all their shit to begin with, and all made into BULLSHIT saints and victims overnight, all because they died ,or were brutally, but rightfully, beaten, at the hands of White police.
If not following procedure will get a police officer fired and possibly prosecuted, and following procedure will get them prosecuted anyway, why would anyone want to be a police officer? I am appalled by many of the comments on this case on this supposedly conservative website.
How many carotid arteries did Floyd have?
defense just cross examined him
really has a bad attitude towards cops and a smartass in general
defense read back what he was saying on the video to the cops
let me quote
Bum
*** Bum
** **** *** Bum
** *I* ** *** **** etc
The state tried to stop them from reading the transcript but the judge over ruled
1. It's a criminal case, not a civil case -- so the burden of proof is very different.
2. The cop is being charged with murder, which involves the necessary element of INTENT. I don't see how anyone can look at a situation like this objectively and read an "intent to kill" into the actions of a police officer who is following the standard procedures to the letter.
3. The standard procedures he was following were designed to address this specific type of situation involving an uncooperative suspect who is demonstrating clear signs of impairment from narcotics.
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.