2021-04-10 -War on Police-
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Day 10: The Chauvin Trial So Far
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A very long article on the Derek Chauvin trial by Powerline's John Hinderaker, a lawyer who lives in Minnesota and has been following the story. He relates that the trial is nearing the end of the prosecution's case and, after a number of astute observations, concludes as follows:
Again, the jury is likely to be surprised. Far from claiming that the officers’ kneeling on Floyd—entirely proper, at least for the first five minutes or so—killed him outright, I expect the prosecution will argue that the officers’ restraint was a contributing factor in the larger context of Floyd’s drug overdose and other health issues. Minnesota law says that a defendant can be guilty of manslaughter or murder if his wrongful conduct was a "substantial causal factor" in the decedent’s death.
When this trial began, I doubt that any juror expected the prosecution to argue that whatever Derek Chauvin did was not the sole cause, or the primary cause, of George Floyd’s death, but rather a "substantial causal factor" along with a fentanyl overdose and other serious health issues. Will the jury be willing to destroy Derek Chauvin’s life and send him to prison on this theory?
That raises, once again, the question of whether Derek Chauvin can possibly get a fair trial. Everyone knows that if the jury doesn’t convict, and probably if it doesn’t convict Chauvin of murder, the city of Minneapolis will go up in flames. This is why the power of the state is arrayed so unanimously against him. Chauvin may have misjudged, may have screwed up, for four minutes on May 25, 2020. But he is being sacrificed to raisons d’État.
Everyone is against him, including his own police department. The three officers who were with Chauvin on May 25, and who also have been charged, presumably won’t testify. Their lawyers will insist that they take the 5th—as, by the way, Floyd’s drug dealer did yesterday. The dealer was with Floyd on May 25 and pled the 5th on the ground that he may be prosecuted for supplying Floyd with the overdose of fentanyl that killed him. But the jury won’t see that.
The trial so far as been the world vs. Derek Chauvin and Eric Nelson. While the "dream team" prosecution has rotated counsel from the Attorney General’s office and various high-priced lawyers from Minnesota and D.C. who are working for free, Eric Nelson, outmanned and outgunned, has stood up alone for his client. Over the last two weeks, he has grown visibly tired and yesterday he lost control over some exhibits through sheer exhaustion. (No one who hasn’t tried a jury case, even one of relatively modest length like the Chauvin trial, can understand what hard work it is.) Maybe the jury will look down on him, compared with the well-heeled prosecution team. Then again, maybe they will relate to a classic underdog story.
The trial’s result likely will come down to the medical testimony on both sides that we have not yet seen. But so far, I think Chauvin’s defense has held its own, and probably has surprised most members of the jury. The political class may have expected to usher Derek Chauvin off to a speedy oblivion for the sake of a greater good, but instead, they have a fight on their hands.
Dr. Andrew Baker says medical examiners do not see pressure to the back of the neck in cases of asphyxiation or strangulation.
Medical examiner testifies that it appears Chauvin's knee was on George Floyd's back and not on his neck. Even if it was on Floyd's neck, blocking an artery, Floyd's other artery "would continue to supply blood to the brain," he says.
Medical examiner Dr. Andrew Baker says George Floyd had "very severe underlying heart disease" and that his "heart weighed more than it should."
Because of these "heart conditions," the law enforcement subdual was "more than Mr. Floyd could take," he adds.
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Posted by Abu Uluque 2021-04-10 00:00||
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2021-04-10 01:12||
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Posted by Abu Uluque 2021-04-10 14:00||
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Posted by Injun Greretle4099 2021-04-10 14:40||
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