(Note: both this post and article were written prior to today's testimony - scheduled for 4:30 CST)
 |
| More right than wrong with predicting legal outcomes |
The decision whether to mount a defense case can be a tough call. In this case, the state’s own evidence shows that (a) the police did call for an ambulance (i.e., they tried to get Floyd medical help), (b) Floyd violently resisted arrest, and (c) Floyd abused drugs that could have exacerbated his profound cardio-pulmonary problems. Under these circumstances, the best course would probably have been to offer no defense evidence, rely on the presumption of innocence, and argue that the state had not met its burden of proof on intent and causationNow I generally respect Andrew McCarthy for his brutal honesty and the fact that unlike most legal professionals turned political pundits, he does not always take the same "political" side in any given debate. Because of that, I feel that McCarthy and his opinions turn out to be correct more often that most legal/political pundits. Not that McCarthy is bullet proof. He still gets things wrong now and again, but it isn't because he appears duped by his own partisanship.
While McCarthy started off somewhat skeptical of the prosecutions case, he flipped after the day nine testimony of Doctors Tobin and Smock. Since then he has been a strong cheerleader for the prosecutions case and according to his own opinion, even Nelson should know that Chauvin will be found guilty. How much of that is McCarthy's own bias as a former prosecutor and how much of that is objective reasoning is hard to say. Obviously up until yesterday, Defense attorney Andrew Branca (Legal Insurrection) seemed to hold a much different opinion.
That being said, even Branca suggested that the defense needed a nearly perfect performance from their expert witnesses to guarantee an acquittal. Not sure if that is acquittal on the murder charge or an across the board acquittal, but obviously Branca feels that Nelson and the defense fell short yesterday.
But no matter which way you cut it, and no matter how many legal media pundits weigh in, the reality is still the same. The accusations of Chauvin's knee being a choke hold that killed Floyd has been replaced with a suggestion that Chauvin kept him in the prone position too long, didn't roll him over, and did not perform CPR. Every use of force expert has pretty much agreed that the knee was more on the back than the neck, and that technically the restraint itself was not lethal. There still has been no reasonable evidence that Chauvin acted with any malice or with any intent to harm or otherwise assault Floyd. He may or may not have followed procedure to the letter, and he may or may not have made the best decisions.
But from a layman's point of view, this all feels more like a question of negligence, not murder.
12 comments:
I posted here less lately because 7 of the last 10 threads are about the Chauvin trial. Tbe rest of the country is far less interested. JMO.
Dementia Joe Announces US Troop Withdrawal from Afghanistan Echoing Trump Plan
— Only 1,530 Watching on White House Channel —
But Joe TOTALLY Got 81 Million Votes
Dementia Joe announced on Wednesday plans for a US troop withdrawal from Afghanistan this year.
Only 1,530 were watching Joe on the White House YouTube Channel.
But the leftist lying media — like CNN — wants you all to believe this clown got 81 million votes.
Sincerely Donald Trump's legalInsurrection.com
When the failure to act is reckless or negligent, and not intentional, it is usually manslaughter
From my layman's point of view, this all looks like a question of negligent manslaughter.
Unless he gets a hung jury decision, he could face 10 years in prison. Of course he could get pardoned fairly quickly.
We agree that it's not murder.
The defense team may have sewn some doubt because the fake news robotics team said the jurors will taking notes during the defense team witness.
The author has her M.D. and PhD from Stanford University.
Why the legal concept of ‘the defendant finds the victim as they are’ could be important to the trial.
The medical examiner called by the defense in the Derek Chauvin trial has been highlighting factors that he believes may have contributed to George Floyd’s death, in addition to his bodily restraint and neck compression. These have included autopsy evidence of pre-existing heart disease and a potentially hormone-secreting tumor, and the findings of an opioid drug, fentanyl, and methamphetamine in Mr. Floyd’s bloodstream.
On Wednesday, Dr. David Fowler, a former Maryland chief medical examiner, testified for the defense that the poisonous gas carbon monoxide was being emitted from a squad car tailpipe close to where the police held Mr. Floyd on the ground and that it might also have played a role in his death, while not being its exclusive cause. In his opinion, Mr. Floyd’s manner of death was undetermined.
Even if jurors believe that some of these factors increased the likelihood that Mr. Floyd would die under the conditions of restraint, they would likely still be instructed to find Mr. Chauvin criminally responsible as long as his actions made a substantial contribution to Mr. Floyd’s death.
“That’s all that’s required,” said Mary Moriarty, a former chief public defender of Hennepin County in Minnesota. “Yes, there may be other contributing factors, but if the accused’s actions are a substantial cause of it, it doesn’t matter.”
“The defendant finds the victim as they are,” said Mike Padden, a Minnesota attorney who has handled cases against the police. For example, if a victim in a bar fight is punched, falls down and dies because an underlying condition made the victim more vulnerable, “the defendant can still be charged with the death even though that result could not be expected in the typical human being.”
An analogous concept in personal injury law is known as the “eggshell skull rule.”
The jury could always disregard these instructions — ignoring the law — or decide to convict on a lesser charge. But contributing causes are most likely to become relevant at a later stage in the judicial process. “It’s a point that can be made as a mitigating factor when it comes to sentencing,” Mr. Padden said
His alleged negligence is a significant reason to convict him of manslaughter in the first and or second degree.
Sheri Fink
Dr. Sheri Fink is a correspondent at The New York Times, where her and her colleagues’ articles on the West Africa Ebola crisis were recognized with the 2015 Pulitzer Prize for international reporting, the George Polk Award for health reporting and the Overseas Press Club Hal Boyle Award. Her article “The Deadly Choices at Memorial,” co-published by The New York Times Magazine and ProPublica, received a 2010 Pulitzer Prize for investigative reporting and a National Magazine Award for reporting.
Recent work has focused on hospitals treating Covid-19 patients and on other aspects of the pandemic, including, with Mike Baker, "It's Just Everywhere Already," which received a Sidney journalism award.
She is the author of the New York Times best-selling book “Five Days at Memorial: Life and Death in a Storm-Ravaged Hospital” (Crown), about choices made in the aftermath of Hurricane Katrina.
A former relief worker in disaster and conflict zones, she received her M.D. and Ph.D. from Stanford University.
Quite impressing
"sewn"
idiot Alky knows nothing about so very much.
2nd time correcting you.
87% of Mr. Broke-it Biden transfer payments are being spent on food, rent and other day to day living items.
I sow doubt about your mind every day kputz.
Roger admits his error.
Tank Abrams, another stupid Socialist ass🤡
"Stacy Abrams’, is scrambling to stop film studios and TV production firms from leaving Georgia ..."
Watching 100's of Millions of Dollars walk because if her lies.
The US Navy has announced it possesses advanced technologies that defy the laws of physics as we understand them. What does this mean for the geopolitical landscape as we are being pushed towards war by Biden and the globalists?
The Big Tech purge is here! Follow Infowars and Alex Jones on other growing platforms now to stay informed as the information blackout accelerates.
“the defendant can still be charged with the death even though that result could not be expected in the typical human being.”
Well there is a difference between a police arrest and a bar fight. In the former, Officer Chauvin is doing his job in the capacity of being a police officer. In the latter someone is committing assault.
Not really in the same ballpark to be honest.
This is why Chauvin is "also" charged with Assault, although we don't hear much about it. If they cannot prove felony assault, then they cannot prove second degree murder.
This person is completely assuming intent. Cannot just assume that.
Post a Comment