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This fucking trial should have been over already (Original Post) malaise Apr 2021 OP
1st degree murder Rorey Apr 2021 #1
It's that simple malaise Apr 2021 #2
He wasn't charged with first-degree murder, Ocelot II Apr 2021 #15
That makes sense Rorey Apr 2021 #37
I so agree Malaise. Greybnk48 Apr 2021 #3
Watching teh defense trying to tie up the Police Chief malaise Apr 2021 #50
The defense questioning about Fentanyl being responsible raises a question in my mind Siwsan Apr 2021 #4
Of I were the prosecution I'd find out Chaivin's drug of choice malaise Apr 2021 #5
I think they did find it in his system, but they haven't said to what extent. Siwsan Apr 2021 #7
There was a significant amount of fentanyl in his system - 11 ng/mL (nanograms per milliliter). Jim__ Apr 2021 #40
Fatal levels are always in relation to a person's tolerance level. Crunchy Frog Apr 2021 #48
The ER doctor who testified this morning ruled out drug use and heart attack... brush Apr 2021 #8
The defense is, IMHO, really struggling to gain any ground Siwsan Apr 2021 #9
There are 3 possible charges Chauvin can be found guilty of. brush Apr 2021 #13
He was not charged with first-degree murder. Ocelot II Apr 2021 #16
I stand corrected, will edit. My point is the wide range of charges... brush Apr 2021 #26
I so agree with you. He should already be serving time. Treefrog Apr 2021 #6
No, he needs a complete trial process, THEN to be found guilty. nolabear Apr 2021 #10
They have heard more than enough malaise Apr 2021 #11
Nope, a complete and thorough trial is necessary Ocelot II Apr 2021 #21
I hear you malaise Apr 2021 #22
When did you graduate from Law School? brooklynite Apr 2021 #12
It doesn't take a law degree to see the obvious guilt. panader0 Apr 2021 #14
So, we should just omit the trial, since his guilt is obvious? brooklynite Apr 2021 #19
The defense has not even presented their case yet. Ocelot II Apr 2021 #25
Of course the defense has to present their case. panader0 Apr 2021 #31
The jury has to decide *which* of the three charges he's guilty of. Ocelot II Apr 2021 #33
I know that you were an attorney, and I have always respected your knowledge of law. panader0 Apr 2021 #34
About the same time you graduated from Pol Sc. malaise Apr 2021 #17
O how nice let's do away with trials Watchfoxheadexplodes Apr 2021 #18
Says who? n/t malaise Apr 2021 #20
Damn this stupid legal system sarisataka Apr 2021 #23
For the record malaise Apr 2021 #24
That make it sadder sarisataka Apr 2021 #28
And he's been charged under three different statutes, Ocelot II Apr 2021 #29
Prosecutor is in danger of losing jury Watchfoxheadexplodes Apr 2021 #27
That's what closing arguments are for - to get them back. Ocelot II Apr 2021 #30
Basic security officers are trained Watchfoxheadexplodes Apr 2021 #32
Yeah really, TV trials typically take under 15 minutes total. n/t PoliticAverse Apr 2021 #35
Right On marieo1 Apr 2021 #36
I support the rule of law so I like a trial malaise Apr 2021 #38
Yes, tell it like it is! BlueJac Apr 2021 #39
I've been thinking long and hard since you folks sent the racist in chief packing malaise Apr 2021 #47
Putting on my tinfoil hat securely. I wonder, with the NoMoreRepugs Apr 2021 #41
First degree murder, life without parole. That is the appropriate punishment PatrickforB Apr 2021 #42
He wasn't charged with first-degree murder for reasons described above. Ocelot II Apr 2021 #46
Well, 40 years is better than nothing. But it should have been 1st degree. PatrickforB Apr 2021 #51
It took 11 months for the defense OldCicero Apr 2021 #43
Thank You! Jay25 Apr 2021 #44
Chauvin is about 145 pounds and he is 5'9" tall IcyPeas Apr 2021 #45
145 lbs. on a prone, handcuffed guy's neck should do it, Ocelot II Apr 2021 #49
I know right? It's infuriating ecstatic Apr 2021 #52
I would be cool with dismissing all charges alittlelark Apr 2021 #53

malaise

(269,193 posts)
2. It's that simple
Mon Apr 5, 2021, 12:04 PM
Apr 2021

and that's why millions were on the street about this.
Throw away the fucking keys.

Ocelot II

(115,872 posts)
15. He wasn't charged with first-degree murder,
Mon Apr 5, 2021, 12:56 PM
Apr 2021

which requires proof beyond a reasonable doubt that he both intended and premeditated the killing. State of mind is very difficult to prove, so the prosecutors probably decided they didn't want to risk an acquittal - and therefore they charged him with second- and third- degree murder and second-degree manslaughter, all of which will be easier to prove. I think third-degree murder, the "depraved mind" version of the crime, is the most likely verdict.

Rorey

(8,445 posts)
37. That makes sense
Mon Apr 5, 2021, 02:15 PM
Apr 2021

I want to see him convicted and sent to prison, hopefully for the rest of his life.

In my mind, there came a point where he did intend to kill George Floyd. Unless he's incredibly stupid, he had to know at some point that if he continued doing what he was doing, Floyd would die.

I do understand what you're saying. Sometimes, though, the laws and punishment make little sense. At least not to me.

Greybnk48

(10,177 posts)
3. I so agree Malaise.
Mon Apr 5, 2021, 12:04 PM
Apr 2021

We all have seen this cold-blooded murder first hand. They must have covered the technicalities by now. Enough already!

Siwsan

(26,298 posts)
4. The defense questioning about Fentanyl being responsible raises a question in my mind
Mon Apr 5, 2021, 12:05 PM
Apr 2021

I don't know a lot about that particular drug, but if it was going to kill someone, I'd think it would be a more rapid process than what we've seen, here. AND, even if it was involved, to ANY degree, would it have killed him if Chauvin had not been kneeling on his neck. I somehow think not. It's like if I have a serious heart condition, and you do something to horrifically startle me, and I have a heart attack and die. I wouldn't have died, at that time, had you not, let's say, thrown a giant tarantula in my face, no matter what my heart condition might be.

Siwsan

(26,298 posts)
7. I think they did find it in his system, but they haven't said to what extent.
Mon Apr 5, 2021, 12:14 PM
Apr 2021

He was up and around, talking to people. He was very alert when approached and questioned.

I'm beginning to think this defense is using the throw everything up against the wall to see if anything sticks strategy.

Jim__

(14,083 posts)
40. There was a significant amount of fentanyl in his system - 11 ng/mL (nanograms per milliliter).
Mon Apr 5, 2021, 02:24 PM
Apr 2021

New court docs say George Floyd had "fatal level" of fentanyl in his system (Aug 2020 headline) - from KareNews:

...

Handwritten notes of a law enforcement interview with Dr. Andrew Baker, the Hennepin County Medical Examiner, say Floyd had 11 ng/mL of fentanyl in his system.

"If he were found dead at home alone and no other apparent causes, this could be acceptable to call an OD. Deaths have been certified with levels of 3," Baker told investigators.

In another new document, Baker said, "That is a fatal level of fentanyl under normal circumstances."

But then Baker added, "I am not saying this killed him."

...


At the very least Chauvin played a significant role in Floyd's death. But, the defense will try to raise the level of fentanyl in his system to cause reasonable doubt in some juror's mind.

Crunchy Frog

(26,657 posts)
48. Fatal levels are always in relation to a person's tolerance level.
Mon Apr 5, 2021, 03:24 PM
Apr 2021

Anyway, cops are supposed to carry Narcan on them. If he was dying of a drug overdose, they should have treated him instead of kneeling on his neck for nine minutes.

brush

(53,908 posts)
8. The ER doctor who testified this morning ruled out drug use and heart attack...
Mon Apr 5, 2021, 12:41 PM
Apr 2021

as the cause of death. He established that it was asphixia (lack of oxygen).

Siwsan

(26,298 posts)
9. The defense is, IMHO, really struggling to gain any ground
Mon Apr 5, 2021, 12:44 PM
Apr 2021

But, of course, all it takes is one juror holding out.

brush

(53,908 posts)
13. There are 3 possible charges Chauvin can be found guilty of.
Mon Apr 5, 2021, 12:51 PM
Apr 2021

Second degree murder, third degree and second-degree manslaughter. IMO those three charges should eliminate a juror holding out. I can see it if there was only one charge.

Ocelot II

(115,872 posts)
16. He was not charged with first-degree murder.
Mon Apr 5, 2021, 12:57 PM
Apr 2021

The charges are second- and third-degree murder and second-degree manslaughter.

brush

(53,908 posts)
26. I stand corrected, will edit. My point is the wide range of charges...
Mon Apr 5, 2021, 01:05 PM
Apr 2021

Last edited Mon Apr 5, 2021, 09:10 PM - Edit history (1)

tend to eliminate the chances of a hung jury or an innocent verdict.

 

Treefrog

(4,170 posts)
6. I so agree with you. He should already be serving time.
Mon Apr 5, 2021, 12:10 PM
Apr 2021

I truly wonder how this could even go to trial.

nolabear

(41,991 posts)
10. No, he needs a complete trial process, THEN to be found guilty.
Mon Apr 5, 2021, 12:46 PM
Apr 2021

He’s a monster, but the system itself needs to be laid bare, good and bad, so people can see not only the horror that happened, but how it might be improved.

I’m actually impressed with the information that’s coming out, whether it’s sanitized or not (the street I expect looks far different from what’s talked about on the stand). What they claim to be and how they’re clearly separating themselves from Chauvin is interesting and will cause many conversations.

Ocelot II

(115,872 posts)
21. Nope, a complete and thorough trial is necessary
Mon Apr 5, 2021, 01:00 PM
Apr 2021

so nobody can claim the trial was unfair or superficial in any respect. This is the kind of case that requires a long, detailed trial. So far the defense hasn't even presented their case, and Chauvin has a constitutional right to do so. All defendants have that right, no matter how despicable they seem or how much we, sitting here in the cheap seats, have decided they are guilty.

brooklynite

(94,748 posts)
19. So, we should just omit the trial, since his guilt is obvious?
Mon Apr 5, 2021, 12:59 PM
Apr 2021

The prosecution is building a case. "It's obvious" is not a legal principle.

Ocelot II

(115,872 posts)
25. The defense has not even presented their case yet.
Mon Apr 5, 2021, 01:04 PM
Apr 2021

The defendant has a constitutional right to that aspect of due process, no matter how guilty he might appear to be. He has been charged under three different criminal statutes, and he's entitled to have a jury decide which of them, if any, he is guilty of. That's the system, and I can't imagine why anyone, especially anyone claiming to be a liberal, would want to deprive any defendant of his right to a complete and fair trial.

panader0

(25,816 posts)
31. Of course the defense has to present their case.
Mon Apr 5, 2021, 01:13 PM
Apr 2021

We have seen the direction it will take with their questioning of the witnesses.
I think the process needs to be completed, but I cannot see any viable defense.
I am a liberal, a progressive liberal, and I want justice. I have seen things that show me
many errors in what is supposed to be justice. Was Kavanaugh innocent? Ok, he was not
on trial. Were the guys who burned down Black churches in the South innocent? No, but
they were found not guilty. As a poster said above, it will take only one juror to vote for
Chauvin's innocence to make a mockery of the system. Chauvin is guilty, period.

Ocelot II

(115,872 posts)
33. The jury has to decide *which* of the three charges he's guilty of.
Mon Apr 5, 2021, 01:21 PM
Apr 2021

It's not enough to just decide he's guilty; he has to be found guilty of some specific crime as defined by these statutes. The jury has to make that decision, and charging him under three different statutes rather than just one makes it a lot easier for the prosecution to convince the jury that he's guilty of something. That's why they appealed (successfully) the judge's initial decision to throw out the third-degree murder charge, which requires a finding that the defendant perpetrated "an act eminently dangerous to others and evincing a depraved mind, without regard for human life." Even if some jurors don't think he intentionally killed Floyd, the video easily supports a "depraved mind" verdict.

panader0

(25,816 posts)
34. I know that you were an attorney, and I have always respected your knowledge of law.
Mon Apr 5, 2021, 01:31 PM
Apr 2021

Let's hope the jury finds him guilty. I have.

malaise

(269,193 posts)
17. About the same time you graduated from Pol Sc.
Mon Apr 5, 2021, 12:58 PM
Apr 2021

Down memory lane: Donald Trump will not be the first person to be impeached twice.

sarisataka

(18,783 posts)
23. Damn this stupid legal system
Mon Apr 5, 2021, 01:02 PM
Apr 2021

Where we give the accused rights. When everybody knows the accused is guilty we should just march them in, read the charges then send the jury out to render the verdict.
We can then jump to locking up or executing them.

FWIW, I believe he is guilty. However is I do not stand for the rights of every accused person, I don't really stand for the rights of the accused.

Even when the entire crime is caught on video, the accused is allowed council, due process, the right to face their accusers and to present a defense.

sarisataka

(18,783 posts)
28. That make it sadder
Mon Apr 5, 2021, 01:08 PM
Apr 2021

How many cases did you see go to jury not even halfway through the prosecution and before the defense called a single witness?

Did a judge ever stop a trial and render a summary judgment of guilty?

Ocelot II

(115,872 posts)
29. And he's been charged under three different statutes,
Mon Apr 5, 2021, 01:09 PM
Apr 2021

each of which carries a different sentence. So the particulars of the case - the specific facts the prosecution can establish beyond a reasonable doubt - are crucial in determining whether, if he's found guilty of one of them, he will serve 10, 25 or 40 years in prison. The videos certainly seem to show culpability, but of what? That's for the jury to decide, not us.

Ocelot II

(115,872 posts)
30. That's what closing arguments are for - to get them back.
Mon Apr 5, 2021, 01:12 PM
Apr 2021

All real trials, as opposed to TV trials, have long, boring stretches, but they are necessary under the rules of evidence to establish foundation and relevance for testimony and qualifications of witnesses. It's up to counsel to tie it all together at the end.

Watchfoxheadexplodes

(3,496 posts)
32. Basic security officers are trained
Mon Apr 5, 2021, 01:19 PM
Apr 2021

To turn a subject in handcuffs over off the stomach in use of force training.

Guess I'm just curious to hear the chief about that day.

marieo1

(1,402 posts)
36. Right On
Mon Apr 5, 2021, 02:13 PM
Apr 2021

I agree totally - why haven't they charged him with murder? If a black man did this to a white man they would hang him from the nearest tree!!!

malaise

(269,193 posts)
38. I support the rule of law so I like a trial
Mon Apr 5, 2021, 02:16 PM
Apr 2021

I'm simply suggesting that the evidence is so overwhelming here that it should have ended in a week.

malaise

(269,193 posts)
47. I've been thinking long and hard since you folks sent the racist in chief packing
Mon Apr 5, 2021, 03:23 PM
Apr 2021

Why are the only people who are called Americans without something in front of that white?
Talk about cancel culture - the only true Americans are the indigenous ones. Melania Trump (with her atrocious Englihs) and immigration violations is considered more American than the descendants of enslaved Africans who have been around for over 400 years.

IF this were a fair trial he'd be facing Murder 1

NoMoreRepugs

(9,474 posts)
41. Putting on my tinfoil hat securely. I wonder, with the
Mon Apr 5, 2021, 02:52 PM
Apr 2021

number of Deplorable voters that exist, if a trial by one’s peers is even possible anymore??

Ocelot II

(115,872 posts)
46. He wasn't charged with first-degree murder for reasons described above.
Mon Apr 5, 2021, 03:23 PM
Apr 2021

If he is convicted of the most serious charge, second-degree murder, the maximum sentence is 40 years.

 

OldCicero

(43 posts)
43. It took 11 months for the defense
Mon Apr 5, 2021, 02:56 PM
Apr 2021

To prove that O.J. Simpson had nothing to do with Nichole Brown's and Ron Goldman's murders.

Have a little patience, don't jump to concludions. These things take time.

IcyPeas

(21,910 posts)
45. Chauvin is about 145 pounds and he is 5'9" tall
Mon Apr 5, 2021, 03:09 PM
Apr 2021

the defense is going to say he isn't big enough.

I thought he looked much taller. so they are going to make him out to be this small lightweight guy who couldn't have killed Floyd.

Curious to watch the defense's case when they are up.

Ocelot II

(115,872 posts)
49. 145 lbs. on a prone, handcuffed guy's neck should do it,
Mon Apr 5, 2021, 03:24 PM
Apr 2021

no matter how big the handcuffed guy is. It will be a very tough sell.

ecstatic

(32,734 posts)
52. I know right? It's infuriating
Mon Apr 5, 2021, 07:32 PM
Apr 2021

I watched a little bit of the trial on HLN today, but I don't think I'll do that again. A bunch of attorney talking heads discussing what the defense should be doing and saying so that Chauvin can walk.

alittlelark

(18,890 posts)
53. I would be cool with dismissing all charges
Mon Apr 5, 2021, 10:43 PM
Apr 2021

If he agrees to experience the exact same treatment he gave George Floyd.

I think his commanding officer should be the one to do it, along with 3 officers of his choosing.

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