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1glitch0
Sep 4, 2018

I DON'T GIVE A CRAP WHAT SHE BELIEVES THE HARRY POTTER BOOKS CHANGED MY LIFE #HUFFLEPUFF

Gaupo Guacho posted:

my dad suggested something about a mistrial? I was pretty confident wed get at least a conviction on one count but freaking out a bit now

The mistrial threat was from the judge over if the prosecution said certain things. And that kinda already fell apart. Hung jury? Probably. 3 of the jurors have relatives who are pigs.

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Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Gaupo Guacho posted:

my dad suggested something about a mistrial? I was pretty confident wed get at least a conviction on one count but freaking out a bit now

He may have been talking about at the start of today's proceeding where the council was talking with the judge. The prosecution had submitted evidence regarding carbon monoxide levels in Mr. Floyd's blood after Dr. Fowler's testimony, and the judge was saying that they can't accept it because it's way too late in the hearing.

The judge said something to the affect of "Allowing this evidence so late would open the door to a mistrial since the defense wouldn't have time to properly prepare, so I must show prejudice on the side of the defense and not allow this evidence to come forth."

This is why the prosecution ended up going with the questions blood-oxygen saturation in relation to carbon-monoxide saturation.

E: Example, "Mr. Floyd's oxygen saturation was 98%. That means that there couldn't have been more than 2% CO saturation, correct"

text editor
Jan 8, 2007
Pat Robertson has some thoughts on police shootings and Chauven, and they aren't what you're expecting


https://twitter.com/wkamaubell/status/1382741800725536769?s=20

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

text editor posted:

Pat Robertson has some thoughts on police shootings and Chauven, and they aren't what you're expecting


https://twitter.com/wkamaubell/status/1382741800725536769?s=20

some evangelicals are loving weird. like the dude is a loving monster but he has said weirdly woke stuff about police shootings and other stuff in the past.

Zeroisanumber
Oct 23, 2010

Nap Ghost
He looks like the Cryptkeeper

Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

Velocity Raptor posted:

He may have been talking about at the start of today's proceeding where the council was talking with the judge. The prosecution had submitted evidence regarding carbon monoxide levels in Mr. Floyd's blood after Dr. Fowler's testimony, and the judge was saying that they can't accept it because it's way too late in the hearing.

The judge said something to the affect of "Allowing this evidence so late would open the door to a mistrial since the defense wouldn't have time to properly prepare, so I must show prejudice on the side of the defense and not allow this evidence to come forth."

This is why the prosecution ended up going with the questions blood-oxygen saturation in relation to carbon-monoxide saturation.

E: Example, "Mr. Floyd's oxygen saturation was 98%. That means that there couldn't have been more than 2% CO saturation, correct"

The crux of the issue is that the state had months to prepare a counter to the CO hypothesis but chose not to because they considered it ridiculous, but now they want to be able to change their case.

The Lone Badger
Sep 24, 2007

Judge is closing off an avenue for the defence to appeal.

LeeMajors
Jan 20, 2005

I've gotta stop fantasizing about Lee Majors...
Ah, one more!


Velocity Raptor posted:

E: Example, "Mr. Floyd's oxygen saturation was 98%. That means that there couldn't have been more than 2% CO saturation, correct"

I hope not.

Pulse oximetry only measures bound hemoglobin under the assumption that it is bound by oxygen. It would not necessarily read lower on a carbon monoxide poisoned person, because it cannot differentiate carboxyhemoglobin.

The Lone Badger
Sep 24, 2007

I assume you do not perform pulse oximetry on a dead person.

Vahakyla
May 3, 2013

The Lone Badger posted:

I assume you do not perform pulse oximetry on a dead person.

Person can have carbon monoxide poisoning and be alive

In addition you can hit up a recently died dude up with some saturation meters because showing up to the scene, you might not know how dead they are. Very recent dead isn’t necessary something you can tell in a blink of an eye.

The Lone Badger
Sep 24, 2007

I meant, the determination of Floyd's oxygen sat was likely not done using pulse oximetry as by the time he was examined he did not have a pulse.

Kavros
May 18, 2011

sleep sleep sleep
fly fly post post
sleep sleep sleep

Vahakyla posted:

Person can have carbon monoxide poisoning and be alive

In addition you can hit up a recently died dude up with some saturation meters because showing up to the scene, you might not know how dead they are. Very recent dead isn’t necessary something you can tell in a blink of an eye.

then i give you the next court witness.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

LeeMajors posted:

I hope not.

Pulse oximetry only measures bound hemoglobin under the assumption that it is bound by oxygen. It would not necessarily read lower on a carbon monoxide poisoned person, because it cannot differentiate carboxyhemoglobin.

I mean, that's literally the question the prosecution asked.

https://lawofselfdefense.com/chauvin-trial-day-14-wrap-up-mistrial-narrowly-avoided-closing-arguments-monday/


Article posted:

First, the state claimed that the Hennepin County Medical Examiner, Dr. Thomas Baker, after hearing Fowler’s testimony yesterday on the carbon dioxide issue, had somehow dug into the hospital’s records and found that Floyd’s blood concentration of CO had, in fact, been measured at the time—but had never been previously produced when the parties had subpoenaed Floyd’s medical records.

The state now wanted these data to be shared with the jury and explained by Dr. Tobin, to rebut Fowler’s claim that Floyd’s CO concentration could have been as high as 18%.

...

Prosecutor Blackwell argued that Fowler’s reference to CO concentrations as high as 18% had never previously been disclosed to the state, and so qualified as just such an “ambush” that justified Tobin’s re-call to the witness stand.

The defense countered that Fowler had explicitly referenced CO as a possible contributor to Floyd’s death in his expert report shared with the state weeks before trial began and had even recommend that the state test the blood for CO concentration.

It was only the state, not the defense, that had possession of the blood.  As a result, the state was on notice with respect to the CO issue, and if they failed to address that issue in a timely manner, that was on them.

Judge Cahill agreed with the defense with respect to this “newly discovered” blood gas level data, and informed the state that if Tobin so much as hinted at this new data, the Judge would order a mistrial had occurred.

That said, Cahill said he would allow Tobin to speak to the CO concentration issue if he only referenced data that had long been available to both parties.  That opened the door to the prosecution having Tobin reference Floyd’s oxygen (rather than carbon monoxide) levels, and use the O level to infer possible CO level.


LeeMajors
Jan 20, 2005

I've gotta stop fantasizing about Lee Majors...
Ah, one more!


The Lone Badger posted:

I assume you do not perform pulse oximetry on a dead person.

Sure. I’m just saying even that’s a bad argument bc you can’t use SpO2 to determine level of CO poisoning. Or rule it out.

Raldikuk
Apr 7, 2006

I'm bad with money and I want that meatball!

LeeMajors posted:

Sure. I’m just saying even that’s a bad argument bc you can’t use SpO2 to determine level of CO poisoning. Or rule it out.

My understanding is they tested the blood directly for it....would that be valid? Dr Tobin seems to think so

Foxfire_
Nov 8, 2010

LeeMajors posted:

Sure. I’m just saying even that’s a bad argument bc you can’t use SpO2 to determine level of CO poisoning. Or rule it out.

It depends on what exactly you are measuring and what your measurement method would be confounded with.

You're trying to measure oxygen saturation (either arterial or peripheral, I don't think it matters). Hemoglobin that's binding carbon monoxide instead is not binding oxygen, so high SpO2 definitionally means no CO poisoning
A measurement of free vs bound hemoglobin (which you might use to infer oxygen saturation if you weren't worried about CO poisoning) won't tell the difference, but that doesn't mean no method can tell the difference.

Actual SpO2 & SaO2 are low during CO poisoning, some measurement methods will just falsely report them as high

(Though I would expect Floyd's oxygen saturation to be low, since he was choked to death)

Foxfire_ fucked around with this message at 20:55 on Apr 16, 2021

happyhippy
Feb 21, 2005

Playing games, watching movies, owning goons. 'sup
Pillbug

Foxfire_ posted:

(Though I would expect Floyd's oxygen saturation to be low, since he was choked to death)

Not quite I think. I had a heart condition last summer where my blood oxygen was 98% all the time, but I was getting wild dizzy spells when I exerted myself or even stood up. From not enough of the blood getting to my brain.
Your blood can be working fine, just it had no where to go, or was being restricted by something.
They are trying to show his blood was fine, to show instead it was the knee restricting both breathing in and the blood getting to his brain in enough amounts to keep him alive.

jiggerypokery
Feb 1, 2012

...But I could hardly wait six months with a red hot jape like that under me belt.

The knee was on the side of the neck, his blood oxygen could have been absolutely fine. He could (theoretically) have been breathing normally past unconsciousness right up till he died. That kind of 'choke' prevents oxygenated blood going to the brain, it doesn't stop oxygen getting to the lungs.

Even crueller, he might have been just fine had the knee been released the moment he stopped responding.

If it was the front of the neck, he would have needed cpr to recover as he would have no oxygenated blood

Zwabu
Aug 7, 2006

jiggerypokery posted:

The knee was on the side of the neck, his blood oxygen could have been absolutely fine. He could (theoretically) have been breathing normally past unconsciousness right up till he died. That kind of 'choke' prevents oxygenated blood going to the brain, it doesn't stop oxygen getting to the lungs.

Even crueller, he might have been just fine had the knee been released the moment he stopped responding.

If it was the front of the neck, he would have needed cpr to recover as he would have no oxygenated blood

You can't say this with anywhere near the certainty or precision with which you have. Depending on where on the neck the knee is placed, how broad an area, and how much pressure is applied you absolutely can compress the trachea from the side.

AVeryLargeRadish
Aug 19, 2011

I LITERALLY DON'T KNOW HOW TO NOT BE A WEIRD SEXUAL CREEP ABOUT PREPUBESCENT ANIME GIRLS, READ ALL ABOUT IT HERE!!!
We're never going to know exactly what happened, what matters is that there's no credible reason for Floyd to have died other than Chauvin kneeling on his neck for nearly ten minutes, long after he had gone unresponsive, long after any excuse to stay on Floyd's neck was long gone. If Chauvin had simply gotten up within a minute or so after Floyd went limp maybe no one would have died, but Chauvin may as well have put a bullet in Floyd's head, it would have been done with both the same intent and the same results.

RoboChrist 9000
Dec 14, 2006

Mater Dolorosa

AVeryLargeRadish posted:

it would have been done with both the same intent and the same results.

Chauvin would not have gotten the rush and thrill of murdering with a black man with his (metaphorical) bare hands while the world watched helpless before his power.

jiggerypokery
Feb 1, 2012

...But I could hardly wait six months with a red hot jape like that under me belt.

Zwabu posted:

You can't say this with anywhere near the certainty or precision with which you have. Depending on where on the neck the knee is placed, how broad an area, and how much pressure is applied you absolutely can compress the trachea from the side.

Someone above said they would expect his blood oxygen to be low. I'm saying not necessarily

happyhippy
Feb 21, 2005

Playing games, watching movies, owning goons. 'sup
Pillbug

Zwabu posted:

You can't say this with anywhere near the certainty or precision with which you have. Depending on where on the neck the knee is placed, how broad an area, and how much pressure is applied you absolutely can compress the trachea from the side.

This was the first or second day of the first week evidence.
Dr Tobin was up describing where the knee was, what was it compressing against, and what was the effect of it.
The worst of the knee was when it was up above his trachea, this was the part that was killing George, I think it was in this position for 3+ minutes. Could be wrong.

Vitamin P
Nov 19, 2013

Truth is game rigging is more difficult than it looks pls stay ded
If Chauvin gets time but it's manslaughter not murder will things kick off?

happyhippy
Feb 21, 2005

Playing games, watching movies, owning goons. 'sup
Pillbug

Vitamin P posted:

If Chauvin gets time but it's manslaughter not murder will things kick off?

Chauvin faces 3 charges, second-degree unintentional murder, third-degree murder, and second-degree manslaughter.
Second-degree murder is upto 40 years in prison.
Third-degree is max 25 years.
Manslaughter is max 10 years.

My guess if less than 10 then there will be some.
If its less than 5, then things going to get hosed.

GokuGoesSSj69
Apr 15, 2017
Weak people spend 10 dollars to gift titles about world leaders they dislike. The strong spend 10 dollars to gift titles telling everyone to play Deus Ex again

RoboChrist 9000 posted:

Chauvin would not have gotten the rush and thrill of murdering with a black man with his (metaphorical) bare hands while the world watched helpless before his power.

This is tinfoil hat territory but I suspect it was some kind of initiation for the training officers that were with him.

Vitamin P posted:

If Chauvin gets time but it's manslaughter not murder will things kick off?

Yes. The Twin Cities are incredibly tense right now. What's going on in Brooklynn Center and elsewhere is just antagonizing people further. Even if all charges land things are probably about to pop off, but in that scenario it will probably be the cops doing the rioting.

Charlz Guybon
Nov 16, 2010

happyhippy posted:

Chauvin faces 3 charges, second-degree unintentional murder, third-degree murder, and second-degree manslaughter.
Second-degree murder is upto 40 years in prison.
Third-degree is max 25 years.
Manslaughter is max 10 years.

My guess if less than 10 then there will be some.
If its less than 5, then things going to get hosed.

What's the difference between 2nd degree and 3rd degree murder?

Edgar Allen Ho
Apr 3, 2017

by sebmojo

Charlz Guybon posted:

What's the difference between 2nd degree and 3rd degree murder?

2nd is unpremeditated best of the moment, 3rd is felony murder or murder where you just had callous disregard and didn’t think “Imma kill this guy”

The Lone Badger
Sep 24, 2007

Edgar Allen Ho posted:

callous disregard and didn’t think “Imma kill this guy”

Isn't that manslaughter?

Bel Shazar
Sep 14, 2012

The Lone Badger posted:

Isn't that manslaughter?

I think that’s more ‘oops I killed him while knowingly messing up’

E: vs something like ‘I don’t care if he dies’

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

The Lone Badger posted:

Isn't that manslaughter?

As I understand it, the difference is that with manslaughter, someone died by accident and it was unforseen.

Like if you set up a zipline over a ravine, and had people over to use it. Then the line snaps and someone falls to their death. That would be manslaughter. You can draw a line from you building the zipline to someone's death, but it's clear that your intent with the zipline wasn't meant to harm, much less kill.

Murder 3 is a death resulting from having no regard for human life while you're doing something.

A good example of this is keeping someone prone in order to control them (not something that could be expected to kill someone by itself) but keeping them prone by kneeling on their neck for almost 10 minutes, causing that person to die. You were negligent to the fact that kneeling on their neck could cause death by either strangulation or oxygen deprivation.

The other argument for murder 3 could be if while kneeling on that person's neck, you're told that the person you're kneeling on had no pulse, but you keep kneeling on their neck.

It's this blatant disregard that separates murder 3 from manslaughter.

Kalit
Nov 6, 2006

The great thing about the thousands of slaughtered Palestinian children is that they can't pull away when you fondle them or sniff their hair.

That's a Biden success story.

Charlz Guybon posted:

What's the difference between 2nd degree and 3rd degree murder?

The specifics on these charges can vary between states, I believe. I am not a lawyer, but here's the local newspaper summary:

quote:

What is second-degree unintentional murder?
For a conviction of second-degree unintentional murder, the state's prosecutors will have to show beyond a reasonable doubt that Chauvin caused Floyd's death while assaulting him. This is the most serious charge and carries a presumed sentence in this case of 10 3⁄4 years to 15 years, according to state sentencing guidelines.

The cause of Floyd's death is likely to be a major focus of the trial. Expect the defense to question Floyd's overall health and try to claim that he was already compromised before Chauvin put his knee on his neck. Prosecutors are likely to assert that Floyd would still be alive if the former officer hadn't pinned his neck to the ground for about nine minutes. There will almost certainly be much discussion about Floyd's drug use and underlying health conditions.

What will not be an issue: whether Chauvin intended to kill Floyd. None of the charges require prosecutors to prove the former officer was trying to kill him.

What is third-degree murder?
Initially, Chauvin faced an additional charge of third-degree murder, but Cahill dismissed that charge and denied a request from the prosecution to reinstate it. The Minnesota Court of Appeals ruled Friday that the judge was wrong to refuse reinstating the third-degree murder charge and sent the case back to Cahill for consideration. After the Minnesota Supreme Court declined to consider an appeal from the defense, Cahill reinstated the charge Thursday. It also carries a presumptive sentence in this case of 10 3⁄4 years to 15 years, according to state sentencing guidelines.

Third-degree murder requires prosecutors to prove that someone caused the death of another "by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life." Legal experts note that the definition of "depraved mind" is murky— as is the legal line between "depraved mind" and the "culpable negligence" standard for manslaughter.

Historically, third-degree murder has been used to prosecute drug dealers who sold deadly products but weren't planning to kill specific individuals. But in 2019, former Minneapolis police officer Mohamed Noor was convicted of third-degree murder in the death of Justine Ruszczyk Damond after she called 911 to report a possible sexual assault in progress in the alley near her house. Noor fatally shot Damond from the passenger seat of a squad car, firing across his partner, who had been driving. The state Court of Appeals narrowly upheld his conviction, and the state Supreme Court will hear the case in June. Noor is currently serving a 10½-year sentence. He is the only police officer ever to be convicted of murder for an on-duty incident in Minnesota.

I. M. Gei
Jun 26, 2005

CHIEFS

BITCH



I’m watching CNN and this defense attorney motherfucker is on here talking about space aliens and poo poo :wtc:


EDIT: They better loving convict Chauvin or poo poo is gonna get real bad

I. M. Gei fucked around with this message at 17:50 on Apr 19, 2021

Ror
Oct 21, 2010

😸Everything's 🗞️ purrfect!💯🤟


It is infuriating me that Nelson keeps directly referring to Chauvin as "the reasonable police officer" after introducing the concept. No, the reasonable police officer is the hypothetical person that we are comparing Chauvin's actions to (and they seem to be stacking up as quite unreasonable). He keeps planting the idea that it's a foregone conclusion that as a police officer he is reasonable.

Dapper_Swindler
Feb 14, 2012

Im glad my instant dislike in you has been validated again and again.

Ror posted:

It is infuriating me that Nelson keeps directly referring to Chauvin as "the reasonable police officer" after introducing the concept. No, the reasonable police officer is the hypothetical person that we are comparing Chauvin's actions to (and they seem to be stacking up as quite unreasonable). He keeps planting the idea that it's a foregone conclusion that as a police officer he is reasonable.

its because the defense has nothing outside going full out "chauvin did nothing wrong and floyd was evil and deserved it" and they can't do that outright in this case so they have to dog whistle it a bit.

Kalit
Nov 6, 2006

The great thing about the thousands of slaughtered Palestinian children is that they can't pull away when you fondle them or sniff their hair.

That's a Biden success story.
Is it just me, or does playing long video clips during closing arguments that were already shown seem like a poor strategy? I feel like the jury would pay less and less attention (or roll their eyes more and more since they already saw them) as they go on.

Kalit fucked around with this message at 18:34 on Apr 19, 2021

Sky Shadowing
Feb 13, 2012

At least we're not the Thalmor (yet)
Is it just me or does the defense showing long videos of George Floyd screaming out that he can't breathe and begging the officers to let him breathe, and just saying "REASONABLE FORCE" seem like a very counter-productive defense strategy?

Piell
Sep 3, 2006

Grey Worm's Ken doll-like groin throbbed with the anticipatory pleasure that only a slightly warm and moist piece of lemoncake could offer


Young Orc
The actual defense is "you can't convict Chauvin of murder because the crowd was angry and concerned that he was murdering Floyd"
https://twitter.com/UR_Ninja/status/1384207380263571457?s=20

suck my woke dick
Oct 10, 2012

:siren:I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!:siren:

Put this cum-loving slave on ignore immediately!
There really ought to be a law saying the police have to let suspects go if the risk of proceeding with the arrest (both to the suspect and to bystanders) is out of proportion with the alleged crime.

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Thoughtless
Feb 1, 2007


Doesn't think, just types.

suck my woke dick posted:

There really ought to be a law saying the police have to let suspects go if the risk of proceeding with the arrest (both to the suspect and to bystanders) is out of proportion with the alleged crime.

Some other countries do have laws like that. Like in Sweden, police have to abort car chases and such if it would significantly increase the risk of the driver killing himself or others. And they're not a serial killer or something, probably.

I don't know why America doesn't. Unless the answer is racism.

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