Wednesday, December 22, 2021

Kim Potter trial seems to be headed towards a hung jury?

Yesterday the jury asked what they should do if they cannot reach consensus. The judge told them to keep deliberating.
The case has been with the jury since 12:45 p.m. Central time on December 20, 2021, a total of 14 hours of deliberation time. Questions asked yesterday (see below) indicate the jury is having trouble reaching “consensus.” The jury will resume deliberations at 9 a.m. Central today. We will monitor developments and will update if there are jury questions or other courtroom action. When a verdict is imminent, we will update the headline, and will also reach out on social media. And when the verdict is announced, we will be live.

To recap, Kim Potter was the Minnesota police officer who shot Daunte Wright (a black man) during an arrest, but apparently had intended to use a taser. She is on trial for manslaughter. The legal experts I generally follow seem to believe that there is a solid path to acquittal, but of course when you do something not nice to a violent criminal who happens to be black, you are supposed to be sent to jail. 

Generally a couple of days of jury deliberations would not point to a hung jury, but when after just a day and a half you are already pinging in the Judge and saying you believe you are hopelessly deadlocked, then you are probably hopelessly deadlocked. 

I am not sure that Potter would have received a fair trial if not for the Rittenhouse acquittal.  After Rittenhouse was found not guilty and the town of Kenosha did not burn to the ground and jurors have not been attacked. That trial was 180 degrees from the Chauvin trial, where scheduled defense witnesses were forced to back out after receiving personal threats and defense witnesses who did testify have been ostracized by their colleagues. To a person, the Chauvin jury all suggested that the political climate and fears of more violence affected their verdict.

As long as the jury understands that the city of Minneapolis will not burn to the ground if Potter is acquitted, she has a chance for a fair trial. I make no predictions here, folks. But a mistrial due to hung jury seems the most likely scenario at this point.


1 comment:

Commonsense said...

They have to decide between accidental discharge of a firearm or criminality negligence homicide.

Given the higher level of training we expect from police officers the possession arrow should point to negligence.