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Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Yep, part of the defense's case is that the amount of force that Chauvin used was appropriate to the risk presented, and therefore was not negligent in causing Mr. Floyd's death. If they can prove that Mr. Floyd was on drugs, then they could argue that what would normally be perceived as excessive was necessary to subdue a drugged (as in Coked-up and raging) suspect.

E: Corrected some statements that I was incorrect about.

Velocity Raptor fucked around with this message at 17:17 on Apr 8, 2021

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Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Kalit posted:

Yep. I didn't even know NM rescinded it, but I guess it just got signed into law yesterday: https://www.forbes.com/sites/nicksi...sh=5b56d42c79ad

E: I just finished up (half listening to) Dr Tobin's testimony, did that seem as damning as I think it is? Or does anyone think Nelson's defense of "NERD!" might actually land with the jury?

I thought it was pretty damning as well, especially when they pointed out in that one image that Chauvin's feet weren't resting on the ground when he was kneeling on Mr. Floyd's neck. However, I should preface this with I fully believe Chauvin should be convicted, so my views are biased.

E:
Honestly pretty impressed with how well the prosecution is busting down each of the alternate causes of death presented by the defense.

Velocity Raptor fucked around with this message at 22:23 on Apr 8, 2021

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Sjs00 posted:

What is going on

Not entirely sure of the prosecution's angle right now (sympathy?), but they've got George Floyd's younger brother on the stand.

E:
Seems like they're establishing Mr. Floyd's lifestyle as being active.

Velocity Raptor fucked around with this message at 19:38 on Apr 12, 2021

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
I'm hesitant to pass judgement on the defense's performance since I'm not a lawyer, nor do I have a law background, and because I realize that this is probably a tough case to defend, but can any law goons speak to whether Nelson is doing a good job? It seems quite a few of his questions (with this witness, at least) have been answered to the contrary of the point the defense was making.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Right now it seems the defense is presenting its case that a person being prone is not typically a cause of death. But that really seems like a dangerous road to go down, because wouldn't that further cement the fact that Mr. Floyd was killed not because he was prone, but rather because Chauvin was kneeling on his neck?

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

LeeMajors posted:

I’m not sure what cops are taught or why it is so common in LE, but during physical or chemical restraint we are taught to specifically NEVER prone anyone. EVER. Even without sitting on their necks or backs.

It’s just cops being a bunch of lazy fuckwads and they don’t care if it occasionally kills someone because they so rarely face consequences.

Yeah, one of the prosecution's witnesses a couple of days ago was talking about proper police protocol and how the only time anyone is supposed to be placed prone is to cuff them, and even then it's only supposed to be a transitory position. Once the cuffs are on and the suspect is restrained, they are supposed to be rolled onto their side, in a recovery position.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Christ, this witness like to hear himself talk.

"Yes or no, sir. Is this true?"
"Yes because :words:"

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
"Sir, did Mr. Floyd complain of a headache?"
"Yes, I believe he did."
"You do?"
"Well, I can't remember, actually."

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Boy, Dr. Fowler seems to have a chronic issue with misunderstanding the questions he's been answering, or accidentally misspeaking...

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

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"

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.


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.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
I wonder how long it will take for a verdict to be returned. :laffo: if it's decided tonight.

E: vv Ooh, that is good.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
What is this about "belittling of the defense?" I didn't watch the closing arguments.

Nelson is calling for a mistrial due to "Prosecutorial misconduct."

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
"Motion for mistrial is denied." :toot:

E:

Vitamin P posted:

It's twee dogshit, just like putting literal children and unprepped civies on the witness stand was twee dogshit. The prosecution seems to be more concerned with emotive brand-building than winning the specific case.

Maybe I'm wrong and they're actually brain geniuses, depends what the jury decides I guess, but there's a bit of my brain that thinks the prosecution is doing culture war poo poo even at the risk of weakening their case.

:shrug: It's a memorable way to close out arguments and it sticks with people. I think that'll go a long way staying at the front of the jury's mind while they deliberate.

Velocity Raptor fucked around with this message at 22:14 on Apr 19, 2021

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Crosby B. Alfred posted:

How soon do we think we will get a verdict? And I suspect Chauvin could appeal as well?

Appeal is pretty much a given. The judge even told the defense they should file that relatively quickly.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Crosby B. Alfred posted:

Ugh.... :smith:

Granted, I totally I get that people have a right to appeal have to go through this whole process again is awful.

If it's any consolation, an appeal isn't a whole new trial. The appellate court simply reads through the records and verifies that everything was handled properly.

https://www.uscourts.gov/about-federal-courts/types-cases/appeals

quote:

Appeals are decided by panels of three judges working together. The appellant presents legal arguments to the panel, in writing, in a document called a "brief." In the brief, the appellant tries to persuade the judges that the trial court made an error, and that its decision should be reversed.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Don't cops get a lot of poo poo from the other inmates in prison as well?

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
IANAL, but I would imagine that coercing someone on the jury to reach a specific verdict (even from someone on the same jury) could be grounds for a mistrial if it gets made public, especially with receipts.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

idiotsavant posted:

I have no idea what Maxine Waters said or didn’t say, but I’m confused how anything she’d say might be grounds for appeal given that the jurors are ostensibly sequestered and only living in the world of the courtroom right now?

https://www.cnn.com/2021/04/19/politics/maxine-waters-derek-chauvin-trial/index.html

Maxine Waters posted:

Waters said she was in Brooklyn Center, Minnesota, on Saturday night to show her support for protesters amid ongoing protests over the police killing of Daunte Wright and to also support his family.

"We've got to stay in the street and demand justice," Waters said to reporters, according to video posted on social media.

"We're looking for a guilty verdict and we're looking to see if all of the talk that took place and has been taking place after they saw what happened to George Floyd. If nothing does not happen, then we know that we got to not only stay in the street, but we have got to fight for justice," she added.

Asked what protesters should do if there is no guilty verdict, Waters said protests should continue.
"We got to stay on the street. And we've got to get more active, we've got to get more confrontational. We've got to make sure that they know that we mean business," she said.

Asked about the curfew put in place, Waters said, "I don't think anything about curfew. Curfew means I want you all to stop talking. I want you to stop meeting. I want you to stop gathering. I don't agree with that."

Here's a video with the defense's argument against what Ms. Waters said, for context of what all this call of a mistrial is about.
https://www.youtube.com/watch?v=SYjrAdcQBDU

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Jaxyon posted:

Tell me more about how horrible LA is, while we discuss the "violent" rhetoric of this "low IQ individual" Maxine Waters.

Love to watch SA threads basically turn into Trump tweets because right wing media started blasting bad faith arguments about what she says.

You're being super defensive about Congresswoman Waters.

This isn't a case of two extremes. Good people can do dumb things and it doesn't change the good they've done. Similarly, people can disagree with and criticize what someone did and it doesn't mean they're now cancelled.

What Ms. Waters said wasn't dumb or even wrong. However, the timing of her statement was ill thought out. This was the day before a jury was about to be sequestered for deliberation and (however small it was) she gave the defense lawyer of a racist murderer a solid piece to use in an appeal to a potential guilty verdict.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

redreader posted:

I haven't been reading the thread and I came to ask a question so I apologise if this has been covered in depth already:

Does the jury have some weird set of instructions, similar to what I've heard juries being told in the past, like 'you're not here to decide anything other than <very narrow definition or set of circumstances>'

Like I heard (probably in a legal podcast) some story about a jury that didn't want to have some guy punished for doing a crime they thought was basically a bullshit non-crime, but they were instructed that all they were there to do was to decide whether or not the person did the thing, and they weren't allowed to say the person did not do the thing.

I know that sounds really dumb. But I'm basically asking: Do the public think the jury is, for instance, deciding whether or not the police officer was being bad, but in fact they're actually deciding <some other weird set of legal circumstances that most people have no idea about>?

IIRC, the judge went over their instructions at before he sequestered them on Friday. Basically they just have a form that has each of the 3 things Chauvin is convicted of (with explanations of what each specifically means) with a simple "Guilty/Not Guilty" check box underneath.

The jury is to come to a conclusion for each of the counts and check whether Chauvin is guilty on any of the counts individually, and the head juror marks it down.

The jury could've been the ones deciding the punishment as well, however Chauvin waived that right and instead the judge will be determining the punishment depending on the verdicts the jury returns.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Jaxyon posted:

When was a "good time" for her to express her feelings about oppression and death she lives with every single day?

If it was just her expressing "her feelings about oppression and death she lives with every single day" then it wouldn't have come up. Instead she said publicly that if Chauvin wasn't given a guilty verdict then people need to march on the streets and not back down.

Again, WHAT she said isn't the problem. However, saying specifically this the literal day before a jury for the Chauvin trial (who she called out specifically, mind you) was to begin deliberation could be used (and is!) in the appeals case that there was coercion for the jury to reach a guilty verdict.

If she said this after the jury began deliberation (when the jury is sequestered, so they can't see that she made this statement) no one would be having this discussion.

It unnecessarily gives ammo to the defense to appeal a potential guilty verdict. Yes, the defense was going to appeal anyway, but giving them more grievances to add to the appeal doesn't help and could actually undo justice.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Jaxyon posted:

HAH


She said basically nothing wrong. It's racism, OP.

I never said that what she said was wrong. In fact, I literally said the opposite.


Velocity Raptor posted:

If it was just her expressing "her feelings about oppression and death she lives with every single day" then it wouldn't have come up. Instead she said publicly that if Chauvin wasn't given a guilty verdict then people need to march on the streets and not back down.

Again, WHAT she said isn't the problem. However, saying specifically this the literal day before a jury for the Chauvin trial (who she called out specifically, mind you) was to begin deliberation could be used (and is!) in the appeals case that there was coercion for the jury to reach a guilty verdict.

If she said this after the jury began deliberation (when the jury is sequestered, so they can't see that she made this statement) no one would be having this discussion.

It unnecessarily gives ammo to the defense to appeal a potential guilty verdict. Yes, the defense was going to appeal anyway, but giving them more grievances to add to the appeal doesn't help and could actually undo justice.

Like, I get you're upset that cops disproportionately target BIPOC. I am too, that's why it's frustrating that this now is a factor in the appeals filing.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

This is central time, correct?

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

That's not a good sign. :ohdear: Hopefully that's just a general precaution and not a precaution of "people are gonna riot because Chauvin has been acquitted."

E: Link to live stream:
https://www.youtube.com/watch?v=mm48swwALnc

vv That's good to hear.

Velocity Raptor fucked around with this message at 20:44 on Apr 20, 2021

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Skyarb posted:

If he is found guilty today, will he also be sentenced today? I don't know how this works.

Within 90 days, typically, according to google.

quote:

Typically, sentencing will take place ninety days after a guilty plea or guilty verdict. Prior to sentencing, the judge must calculate the applicable guidelines range. The Sentencing Guidelines are a set of rules which apply in federal sentencing.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

ryde posted:

So I'm not sure if I'm messing up time zones, but the verdict should be read in about 5 minutes right?

Nope, you've got it right. Starting in a couple of minutes.

https://www.youtube.com/watch?v=mm48swwALnc

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Kalit posted:

:laffo: I stopped listening after about 5 seconds, so I didn't even know that's what she was talking about.

She started rambling after a bit and the reporter ended up cutting her off.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Wow, they just showed a view from outside the court house, and there are a LOT of people gathered.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Cmooooon. Read the verdict.

"Verdict will be read between 3:30 and 4." *verdict read at 3:55*

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Kirios posted:

Didn't realize Comcast ran this courtroom.

Apparently they are. They've missed the appointment.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
It's starting!

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
:siren: Guilty on all counts! :siren:

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
Holy poo poo, the look of fear in Chauvin's eyes.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

Saxophone posted:

Post a picccc

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
It seems that when it came to the police...
:cool:
Chauvin crossed the line.

Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING

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Velocity Raptor
Jul 27, 2007

I MADE A PROMISE
I'LL DO ANYTHING
The other cops that were involved in George Floyd's murder are going to have their trials broadcast, similar to Chauvin's.

https://www.independent.co.uk/news/...n-b1840363.html

Full story quoted because paywall

quote:

Some in the Minnesota legal system were apprehensive about allowing the live broadcast of Chauvin's trial over the killing of George Floyd but the video feed had no major problems and bolstered the public's understanding of the trial, Minnesota Public Radio News reported.

A spokesperson for the Hennepin County court system said an order from Judge Peter Cahill to allow the live broadcast will still apply to the August trial of the other three former Minneapolis officers charged in Floyd's death, Thomas Lane, J. Kueng and Tou Thao.

Cahill ordered the trials to be broadcast live because of the intense global interest in the case and limited courthouse space due to the pandemic.

Minnesota court rules usually ban cameras at criminal trials unless both sides agree to them. Although Chauvin's attorney quickly welcomed the live broadcast, Minnesota Attorney General Keith Ellison argued against allowing the live broadcast because he said it could intimidate witnesses.

But a week after the jury found Chauvin guilty, Ellison told WCCO-TV that the live broadcast “went pretty well" and he was grateful the judge allowed juvenile witnesses to testify off camera.

Cahill also barred jurors’ faces from being televised.

Hennepin County Chief Judge Toddrick Barnette said he was also a longtime skeptic of cameras in the courtroom. He met with journalists and media attorneys ahead of the trial and worked closely with Court TV, which operated the cameras and provided its video feed to other news outlets.

“Over time, I felt more comfortable that they were really interested in the integrity of the process, and worked very hard to make sure there were no violations of Judge Cahill’s order,” Barnette said.

Barnette said one of the biggest benefits of televising the trial was that the public learned about the process, from jury selection to the final verdict. Chauvin was convicted last week of second- and third-degree murder and second-degree manslaughter. He’ll be sentenced June 25.

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