The Trial of Derek Chauvin

[Darts]

Now that he has been arrested and charged, it's time we start a thread on the Trial of Derek Chauvin.

Please park your emotion at the door. A trial is about the evidence and the law (and who has the better lawyer(s)).

So, what do you think?

 

[Charlemagne]

What would happen if every member of the jury was a Terb member?

Colton Boushie

 

[glamphotographer]

Evidence by Fox News and park CNN at the door, you mean?

 

[Charlemagne]

Now that he has been arrested and charged, it's time we start a thread on the Trial of Derek Chauvin.

Please park your emotion at the door. A trial is about the evidence and the law (and who has the better lawyer(s)).

So, what do you think?

Not possible on this site.

 

[Darts]

2 related questions: Given all the publicity on this incident, is the jury pool compromised? Can Mr. Chauvin get a fair trial in the U.S.?

 

[tml]

First strategy by his lawyer: claim he cannot receive a fair trial. Second, try and find out if CF had any type of medical condition that contributed to his death.

 

[Darts]

First strategy by his lawyer: claim he cannot receive a fair trial.

His defense lawyer is Tom Kelly (more about him later). Not sure who is paying Mr. Kelly's legal fees. (Maybe time to start a Go Fund Me page?)

 

[Insidious Von]

Am I checking this right, according to Google, Tom Kelly is Canadian.

The problem with defending Derek Chauvin is that he's a "Fort Apache:The Bronx" type cop. George Floyd was his third kill and he has 20 public complaints against him. Not only that but he looked like he was enjoying himself in the video. The other cops were either afraid of him or didn't care.

 

[TeeJay]

https://www.nytimes.com/video/us/100000007159353/george-floyd-arrest-death-video.html

Good video of event

 

[wigglee]

Slam dunk: Guilty as charged. Won't serve much time though (1-2 years)

 

[black booty lover]

2 related questions: Given all the publicity on this incident, is the jury pool compromised? Can Mr. Chauvin get a fair trial in the U.S.?

I don't think so. Here's the thing:

IMO, this is much different then Rodney King for a bunch of different reasons:

1)They know what will happen if they let this guy walk

2)There can be no defense in regards to uncertainty if he was contained or not.

3)This man actually died while bystanders were saying "he's lost conscious. He could be dead" and this idiot then kept his knee on his neck to prove that no civilian was going to tell him how to do his job.

Pardon the pun, but this is a black and white case. I know people may think Rodney King's was too, but it wasn't Lots was missed before the cameras started rolling, there was no audio, and yes he suffered injury's but nothing life threatning so they knew there would be backlash, just nearly what they thought.

When this guy gets found guilty, now way can they put him in GP. The blacks will kill him.

 

[kherg007]

I don't think so. Here's the thing:

IMO, this is much different then Rodney King for a bunch of different reasons:

1)They know what will happen if they let this guy walk

2)There can be no defense in regards to uncertainty if he was contained or not.

3)This man actually died while bystanders were saying "he's lost conscious. He could be dead" and this idiot then kept his knee on his neck to prove that no civilian was going to tell him how to do his job.

Pardon the pun, but this is a black and white case. I know people may think Rodney King's was too, but it wasn't Lots was missed before the cameras started rolling, there was no audio, and yes he suffered injury's but nothing life threatning so they knew there would be backlash, just nearly what they thought.

When this guy gets found guilty, now way can they put him in GP. The blacks will kill him.

It seems so, but until the autopsy comes in, you just don't know what the defence will spin. For example, if Floyd had a heart attack, the the defence will argue it was a natural thing not caused by the cop and if they can get one or two jurors to buy it - eeks. Again it seems the cop is culpable for the death but I've seen some amazing open and shut cases go sideways (e.g., OJ Simpson) so I'm fascinated and frightened all at once.

 

[mandrill]

His defense lawyer is Tom Kelly (more about him later). Not sure who is paying Mr. Kelly's legal fees. (Maybe time to start a Go Fund Me page?)

Police association pays his fees.

 

[danmand]

This is the rule of law in America:

A. An unarmed black man is killed by police: policeman goes free.

B. An unarmed black man is killed by police, countrywide riots ensues: Policeman is charged with 3rd degree murder.

 

[mandrill]

First strategy by his lawyer: claim he cannot receive a fair trial. Second, try and find out if CF had any type of medical condition that contributed to his death.

The 2nd thing you said is an automatic. DA has to prove C caused F's death and that requires forensic evidence.

The fair trial point is interesting - C has to be tried SOMEWHERE . You can't let criminals simply not be tried.

But defence counsel may motion to move the trial from Minne to a small town out by the Dakota border. You know, a place with lots and lots of old WHITE people and no Blacks. Judge would be foolish to grant that motion.

At this point, every black juror will vote to convict whether the evidence is there or not. White jurors will split. The older and scared-er those whites are, the more they'll admire and love the cops.

 

[mandrill]

https://www.nbcnews.com/news/us-new...conscious-neck-restraints-five-years-n1220416

Looky-looky. Neck restraint to the point of unconsciousness is accepted practice by MN police depts - despite official denials.

C's defence counsel has a big smile on his face about now,

 

[WyattEarp]

I don't think so. Here's the thing:

IMO, this is much different then Rodney King for a bunch of different reasons:

1)They know what will happen if they let this guy walk

2)There can be no defense in regards to uncertainty if he was contained or not.

3)This man actually died while bystanders were saying "he's lost conscious. He could be dead" and this idiot then kept his knee on his neck to prove that no civilian was going to tell him how to do his job.

It's been awhile since I have seen the Rodney King video, but from what I remember he kept getting up after being jolted and beaten. He looked to be trying to run somewhere. We also know that King and his friends initially tried to outrun the police when pulled over.

I'm not arguing the King case, I'm just concurring that on the surface the two situations seem very different.

 

[Robert Mugabe]

It's been awhile since I have seen the Rodney King video, but from what I remember he kept getting up after being jolted and beaten. He looked to be trying to run somewhere. We also know that King and his friends initially tried to outrun the police when pulled over.

I'm not arguing the King case, I'm just concurring that on the surface the two situations seem very different.

Like that's not a normal reaction when 4 cops are wailing on you with night sticks with no sign of stopping any time?

 

[Valcazar]

https://www.nbcnews.com/news/us-new...conscious-neck-restraints-five-years-n1220416

Looky-looky. Neck restraint to the point of unconsciousness is accepted practice by MN police depts - despite official denials.

C's defence counsel has a big smile on his face about now,

Yes and no.
From your linked article.

The on-line version of the policy manual says, "The unconscious neck restraint shall only be applied … 1. On a subject who is exhibiting active aggression, or; 2. For life saving purposes, or; 3. 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."

They will need to show that it was properly applied. They may be able to show it was correct to use it to subdue but the prosecution will argue leaving it on was inappropriate. The snippet doesn't address guidelines on letting up.

It does seem to open an argument for "I was just doing what is in the manual" though.

 

[Darts]

Now that the legal process is in motion, I think the next procedural step is for the prosecution to bring the evidence in front of a grand jury to seek an indictment.

"Minnesota
Hennepin County, Minnesota (which contains Minneapolis) keeps a grand jury impaneled at all times. Each grand jury serves a term of four months, typically meets one day each week, and focuses almost exclusively on homicide cases."

Update: Not sure what this means, if anything.

https://kstp.com/news/former-office...security-prison-in-oak-park-heights-/5747387/