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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

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Foxfire_
Nov 8, 2010

Overturning jury fact decisions on appeal is traditionally a very high bar to clear. What this jury decides is reasonable/unreasonable is likely going to determine the facts the appeals process will be operating under. Appeals are about law usually (stuff like 'based on these facts, the applicable sentencing range is X instead of Y').

Law things that affect how the jury decided facts that can potentially require a new trial (i.e. 'this evidence should/should not have been admitted', 'this jury instruction was wrong', ...) get evaluated as harmless error or not, where they have to have had a reasonable chance of changing the outcome of the trial. Someone on TV saying people should keep protesting if Chauvin gets off would not likely meet that standard*. Jurors have been told not to be watching media, and told that even if they did accidentally see/hear about it they should not consider it during their deliberations. Chauvin's appeal would have to convince an appeals court that it is reasonably likely that the jury ignored their instructions and that that single TV statement flipped the outcome. Appeals courts generally do not like to redo jury trials.

*in a non-cop trial

Foxfire_
Nov 8, 2010

Less bad than it could have been, but George Floyd is still dead, so not fireworks

Foxfire_
Nov 8, 2010

Kro-Bar posted:

What's the maximum amount of time Chauvin can rot in prison for?
Technically 75, depending on concurrent vs sequential sentences. It will be much shorter than that

2nd degree murder: 40 max
3rd degree murder: 25 max
2nd degree manslaughter: 10 max

Overall, somewhere between 10-20 is likely

Foxfire_ fucked around with this message at 22:45 on Apr 20, 2021

Foxfire_
Nov 8, 2010

sleepy gary posted:

No they weren't. They were only sequestered at the end for deliberation.
True. But they were instructed not to watch media, and if they somehow happened to accidentally see it anyway, disregard it. So to argue in an appeal that jurors were intimidated into convicting by protest coverage and that sequestering the jury instead would have been reasonably likely change the outcome requires a lot of jurors ignoring instructions that you'd have to dig up evidence for

Foxfire_
Nov 8, 2010

zzyzx posted:

1) Internally - the PD will have a system for reviewing the use of force and figuring out whether the officer violated department policy using its own supervisors and investigators. Chauvin et al got fired pretty quickly after Floyd was killed, probably because the chain of command watched the video and saw that he violated policies related to improper use of force, bringing dishonor upon the house of MPD, etc. The officer may or may not be placed on leave while the process plays out, depending on the situation and what the department rules say.

Chauvin was fired because there was bystander video of the murder that prompted public outcry. Without that, I very much doubt he would have been fired, let alone prosecuted.

Minneapolis PD's original description of what happened posted:

Two officers arrived and located the suspect, a male believed to be in his 40s, in his car. He was ordered to step from his car. After he got out, he physically resisted officers. Officers were able to get the suspect into handcuffs and noted he appeared to be suffering medical distress. Officers called for an ambulance. He was transported to Hennepin County Medical Center by ambulance where he died a short time later

Foxfire_
Nov 8, 2010

Zeroisanumber posted:

Every single person who I've talked to about it thought his testimony was outright bizarre and the idea that George Floyd died of CO poisoning was ridiculous.
It's extra bizarre because even if you believed it for some reason, saying that Floyd died because Chauvin held his face in front of a car exhaust until it poisoned him would still be murder.

Foxfire_
Nov 8, 2010

Sentencing complete, 22.5 years total

Sentencing guidelines have nominal sentence for the 2nd & 3rd degree murder convictions of 12.5 years, with judge having discretion to go from 10-15 years, so it's non-consecutive sentences

Foxfire_ fucked around with this message at 21:16 on Jun 25, 2021

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Foxfire_
Nov 8, 2010

Sentancing justification

Increase from presumptive sentencing guidelines because trial proved four possible aggravating factors beyond a reasonable doubt:

"(i) That Mr. Chauvin abused a position of trust and authority;
(ii) That Mr. Chauvin treated George Floyd with particular cruelty;
(iii) That children were present during the commission of the offense; and
(iv) That Mr. Chauvin committed the crime as a group with the active participation of three other individuals, former
Minneapolis Police Officers Thou Thao, Thomas Lane, and J. Alexander Kueng, who all actively participated with
Mr. Chauvin in the crime in various ways."

Fifth aggravating factor state argued for (George Floyd was particularly vulnerable) not proved beyond a reasonable doubt.

(Section I) Chauvin's arguments for downward departure from sentencing guidelines rejected because:
- "there has been no persuasive showing that Mr. Chauvin is particularly amenable to probation"
- "a probationary sentence would be disproportionate and understate the severity of Mr. Chauvin's offense"

For each aggravating factor, court may apply an upward departure from sentencing guidelines when there is a substantial & compelling reason.

Of the 4 proved factors, abuse of authority & trust (Section II) and particular cruelty justify (Section III) each justify upward sentencing departures. Children present (Section IV) do not. The group factor (Section V) is messy because Minnesota Sentencing Guidelines got amended weirdly a persons->offenders change in one section and it hasn't been proved beyond a reasonable doubt that the others count as offenders. Court bases its sentencing decision on the first two factors only.

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