Rantburg

Today's Front Page   View All of Fri 04/26/2024 View Thu 04/25/2024 View Wed 04/24/2024 View Tue 04/23/2024 View Mon 04/22/2024 View Sun 04/21/2024 View Sat 04/20/2024
2021-04-15 -War on Police-
Chauvin Trial - Day 13 - Motion to Acquit Denied
See also here and here.
[Legal Insurrection] LIVE: Chauvin Trial Day 13 — BREAKING — Motion for Judgment of Acquittal Denied, Defense Case Continues
Also, state has dumped >5,000 pieces of evidence on defense during trial

Today, the 13th of this trial, the defense presents the second day of its case in chief to the jury, in its effort to create a reasonable doubt in the minds of the jurors as to the criminal charges for which Chauvin is being tried. As always, we’ll be LIVE streaming and LIVE blogging the court proceedings below.


Continued from Page 2


At the end of court yesterday, after the jury had been excused for the day, the lawyers and judge did some legal housekeeping on some of the exhibits—the non-testimonial evidence in court such as videos, photographs, graphs, training manuals, and reports—which was, as one might expect, rather boring to watch.

A couple of points were made during those discussions that I thought worth sharing with all of you, however, before today’s proceedings start.

COURT TO HEAR MOTION FOR JUDGMENT OF ACQUITTAL THIS MORNING
The first item of interest is that at 8:45am CT this morning the court will be hearing motions (requests from the parties) in this case, and one of those will be a motion of acquittal submitted by the defense.

As some background, when a prosecution rests its case in chief there is a theoretical possibility that even if everything the state said was accepted as true by the jury, that a rational guilty verdict would still be impossible.

And Judge Cahill will almost certainly deny that motion, because the prosecution in this case did not commit the blunder that would be required for the granting of such a motion to be appropriate.

We may not like the evidence the state has put forward on the elements of the criminal charges in this case, we may think that evidence weak or self-contradictory or paid for or lies or whatever—but there is evidence to consider, and so long as that’s the case deciding the weight and credibility of that evidence falls within the province of the jury, and they will not be denied the opportunity to carry out their "finder of fact" role in this trial.

Also to be considered if only for practical purposes, of course, is whether any judge presiding over this case would be willing to take the political consequences of having taken the decision from the jury and handing an acquittal to a person that much of the body politic in his jurisdiction believes to be a RACISTPOLICEMURDERER!

That said, there are multiple charges in this case, and it is theoretically possible that the judge could grant a judgment of acquittal on some of those charges and not others. That might diminish some of that political pressure without entirely taking the case out of the hands of the jury.

Personally, I don’t expect that to happen either.

I will also note that the timing of the hearing of this motion is rather odd.

Normally a motion for a judgment of acquittal is heard immediately after the state has rested its case in chief, and before the defense has begun to present its own case in chief. That didn’t happen here. Obviously, the defense began to present its case in chief yesterday, and the motion is only being heard this morning.

Also normally, if the defense doesn’t submit a motion for acquittal before it starts to present its own case in chief, then the window to do so is considered to have closed—the motion will be denied by the court not on consideration of its merits, but simply because the motion is no longer timely. The defense is deemed to have missed the deadline.

In yesterday’s closing meeting with the parties, however, Judge Cahill made clear that he had instructed the defense to dive right into its case in chief in order to make most efficient use of the time of the jury.

At the same time, he’d also given his word that the defense would have the opportunity to have their motion for acquittal heard outside the hearing of the jury later in the proceedings, and without having to be concerned that the motion would be deemed not timely.

And that’s where we are on that matter this morning.

OVER 5,000 DISCOVERY ITEMS DUMPED ON DEFENSE DURING TRIAL
Another interesting mention in yesterday’s "housekeeping" meeting with Judge Cahill came up in the context of the number of disclosures and exhibits that have been dumped on the defense in this case—a large chunk of which have been dumped on the defense even as the trial was taking place.
Posted by Mercutio 2021-04-15 00:00|| || Front Page|| [16 views ]  Top

#1 the state has dumped over 5,000 pieces of evidence on defense during trial

Stalin and Beria smile approvingly
Posted by Zenobia Wheting1481 2021-04-15 05:37||   2021-04-15 05:37|| Front Page Top

#2 

Was it dumped at the last minute or already known to the Defense Team?

Because otherwise each last minute item must be ruled on. Then time MUST BE allowed for the Defense Team to challenge admissibility, verify and authenticate to insure what is being DUMPED on it, is complete, reliable and allow time to collect and present counter evidence.

BTW: is there a breakdown of the type of evidence?
Like: Factual Relevant evidence. vs Hearsay/ Opinion Based Testimony by Lay Witnesses

Yep I looked at Minn State Rules of Evidence section 103. Rulings on Evidence
Posted by NN2N1 2021-04-15 07:06||   2021-04-15 07:06|| Front Page Top

#3 NN2N1, you don't seem to understand. In this trial, the verdict is pre-ordained. If the jury doesn't vote to convict, there will be (more) riots, the jurors' houses will be burnt to the ground, and the jurors themselves will be attacked.
All this legal mumbo jumbo is pointless. I'm sort of surprised that the prosecution didn't move to convict after their closing argument.
Posted by Rambler in Virginia 2021-04-15 09:48||   2021-04-15 09:48|| Front Page Top

#4 ^Google "show trials"
Posted by g(r)omgoru 2021-04-15 09:50||   2021-04-15 09:50|| Front Page Top

09:08 Raj
09:07 Raj
08:53 Mercutio
08:23 Rambler in Virginia
08:22 M. Murcek
07:50 Dale
07:49  
07:38 NN2N1
07:27 Dale
07:21 Grom the Reflective
07:13 M. Murcek
07:10 Dale
07:07 Grom the Reflective
07:02 Frank G
06:57 Whiskey Mike
06:52 Whiskey Mike
06:51 MikeKozlowski
06:50 Ulailet+Thud3602
06:49 Whiskey Mike
06:45 Whiskey Mike
06:43 MikeKozlowski
06:16 Grom the Reflective
05:58 Besoeker
05:48 Procopius2k









Paypal:
Google
Search WWW Search rantburg.com