The Trial of Derek Chauvin

[Johnny Sack 8397]

19 minutes ago, TwiceHorn said:

There is zero evidence contained in that article that he lied about anything.  That headline is bullshit.  Daily Mail isn't usually partisan, but you can count on clickbait every time.

Here is a more balanced article.  https://minnesota.cbslocal.com/2021/05/04/derek-chauvin-juror-brandon-mitchells-participation-in-d-c-march-could-help-appeal-legal-experts-say/

If he lied or misled attorneys during voir dire, that could be an issue, but if they failed to ask the right question, it absolutely is not.  There is currently no evidence that he lied.

Good points.  

[hayden_horn 11362]

15 minutes ago, TwiceHorn said:

Good post.  I was ignorant, then of Daily Mail's poltical stance.  I only see sensationalism and tons of ads.

god, the ads. 

it's a guilty pleasure of mine, though. my team is based in the uk, so i like to see what the gossip rag is on about.

 

[GringoSalado 1651]

Seems like it might be difficult sitting any black juror from Minneapolis area who'd never supported BLM.

[Brian Fantana 6677]

1 hour ago, Johnny Sack said:

Disagree if they do a hearing and determine he lied during    voir dire.  
 

He said he was asked if he attended any rallies related to George Floyd or police brutality. He said no. He did, and it was months before. He said it was about voter registration but he is at a rally advertised as specifically about George Floyd and police brutality. He's even wearing the shirt. Sorry, he flat out lied. He later talks about needing to spark change. His lie and his motive are clear.

He attended the 2020 March on Washington, which was commemorating and took place on the anniversary of MLK's 1963 March on Washington. Calling it a George Floyd rally is a blatant bullshit lie. There is no evidence he lied or misled the attorneys involved. This post is only revealing YOUR motives, not his.

['stache 21789]

50 minutes ago, hayden_horn said:

well, the dailymail is absolutely partisan. and they dabble in some sensationalism. they are viewed as fairly far right in the uk.

but reading through the article, it looks like it was a mlk event, not necessarily a blm event, but he's in that picture with a shirt that says "get your knee off my neck."

but then again, i'm not sure how you find an unbiased black man to sit on a jury like this. 

and this idea that jurors need to be pure as the driven snow and come in with no preconceived notions or biases is kind of silly. you try to root out the most biased, sure, but you'll never have a jury that comes in out of the dark with a year long media and social circle blackout and no knowledge of the national event they are asked to judge. it's simply impossible with this case. this isn't "local vagrant killed in shootout with police" type media coverage. this was an international story.

This. In high profile cases it is impossible to find someone who is a literal blank slate. Defense counsel's job is to persuade the entire jury. Convictions are also unanimous. Even if a judge were persuaded of significant pre-conceived bias (which is a long shot), it would be almost impossible to prove that one juror managed to convince 11 others to enter a verdict that contradicted the evidence. They would have to show that the facts did not support the verdict and that only a tainted jury could convict. That alone is the death knell. The evidence overwhelmingly supports the conviction. This is going to be made an issue obviously, because defense lawyers have to play any card they can, but it is going to fail.

[MonkeyDoughnut 10226]

3 minutes ago, Brian Fantana said:

He attended the 2020 March on Washington, which was commemorating and took place on the anniversary of MLK's 1963 March on Washington. Calling it a George Floyd rally is a blatant bullshit lie. There is no evidence he lied or misled the attorneys involved. This post is only revealing YOUR motives, not his.

I mean it was called (like actually)  -- "Commitment March: Get Your Knee Off Our Necks"

 

['stache 21789]

On 4/28/2021 at 1:50 PM, Captainant said:

From the Star Tribune article above he said the following on Chauvin not taking the stand:

So I wouldn't characterize it as "Chauvin not taking the stand was seen negatively", but rather "Chauvin missed out on an opportunity to share his internal reasoning for his actions". Bit of a difference there imo, and not an out-of-bounds question for the interview

His "internal reasoning" would make him look even worse, because after watching him crush the guy to death for nine and a half minutes, any "rationalization" would come off as a really weak excuse. Even if he could come up with something somewhat plausible, the prosecution would obliterate the shit out of him on cross examination, going through the video frame by frame, and asking repeatedly what threat he perceived during the entirety of the death crush. Allowing him to testify would be damn close to malpractice. It's one of those situations where if he insisted on testifying, counsel would get on the record (outside of the jury) that the defendant is testifying contrary to counsel's advice.

[Johnny Sack 8397]

1 hour ago, MonkeyDoughnut said:

I mean it was called (like actually)  -- "Commitment March: Get Your Knee Off Our Necks"

 

Don't believe your lying eyes.  Totally not a George Floyd protest.

 

 

[Captainant 27619]

21 minutes ago, Johnny Sack said:

Don't believe your lying eyes.  Totally not a George Floyd protest.

 

 

Cops have killed many black men by slow strangulation - Floyd wasn't the first

https://www.theguardian.com/us-news/2015/jul/15/jonathan-sanders-mississppi-chokehold

https://apnews.com/hub/eric-garner

But keep on lickin' those boots, johnny. If you get tired, you can tag out with babyaga

[BearSchlong 8082]

Johnny is a sociopath.

[wildcat09 29338]

For someone who is a nonracist, Johnny sure has a lot to say about why a white man shouldn't be punished for murdering a black man.

[Foosters 17820]

I started a jury trial last fall shortly after the BLM summer. The DA successfully had 3 prospective jurors kicked for cause because they admitted that the protests and the recent news had them rethinking the role of police and the systemic racism in our criminal justice system. I attempted to have 2 prospective jurors removed for cause for espousing "blue lives matter" rhetoric, with one expressly stating he would always trust the word of a cop over a non-cop. Judge denied my motions to remove them.

CSB.

[dcar00 14144]

57 minutes ago, Foosters said:

I started a jury trial last fall shortly after the BLM summer. The DA successfully had 3 prospective jurors kicked for cause because they admitted that the protests and the recent news had them rethinking the role of police and the systemic racism in our criminal justice system. I attempted to have 2 prospective jurors removed for cause for espousing "blue lives matter" rhetoric, with one expressly stating he would always trust the word of a cop over a non-cop. Judge denied my motions to remove them.

CSB.

I bet those 2 guys were pissed..they were trying to get kicked off.

[Johnny Sack 8397]

1 hour ago, Captainant said:

Cops have killed many black men by slow strangulation - Floyd wasn't the first

https://www.theguardian.com/us-news/2015/jul/15/jonathan-sanders-mississppi-chokehold

https://apnews.com/hub/eric-garner

But keep on lickin' those boots, johnny. If you get tired, you can tag out with babyaga

None of those involved a knee to the neck.  Stop being obtuse.

[BurntOrange&White 39930]

 

 

https://www.cnn.com/2021/05/04/us/derek-chauvin-motion-for-new-trial/index.html

[TwiceHorn 31434]

The actual event was called the March on Washington 2020 and its purpose was to commemorate and celebrate MLK's march in 1963.

 

Fairly obviously, a civil rights march orchestrated by black people is going to include some Floyd protests and some BLM stuff and related police-brutality things, which seem to be highlighted above.  That was not the central purpose of the gathering. https://2020march.com/  And none of the scheduled events or speakers were directly Floyd related.  The other things seem to be hangers-on.

Edited May 4, 2021 by TwiceHorn

[Brisketexan 105043]

3 hours ago, Foosters said:

I started a jury trial last fall shortly after the BLM summer. The DA successfully had 3 prospective jurors kicked for cause because they admitted that the protests and the recent news had them rethinking the role of police and the systemic racism in our criminal justice system. I attempted to have 2 prospective jurors removed for cause for espousing "blue lives matter" rhetoric, with one expressly stating he would always trust the word of a cop over a non-cop. Judge denied my motions to remove them.

CSB.

BTW, when folks ask for an example of "systemic racism," a system that readily dismisses jurors for cause because they say they have concerns about racism, but does NOT dismiss jurors for saying they will always trust the word of a cop over a non-cop......that's what we mean.

It's not as blatant as courts declaring a deuce to be an ace....it's done by stacking the deck at every opportunity so that, at the end of the day, it's inevitable that the cops will have a hand full of aces, and minority defendants will be lucky to have a pair of deuces.

Edited May 4, 2021 by Brisketexan

[DanRydell 799]

Don't believe your lying eyes.  Totally not a George Floyd protest.

 

 

“I can’t breathe” stems from Eric Garner. But don’t worry, the police murders of blacks people are so prevalent they do begin to run together even for those of us who care.

[Guest Lobo]

So they're just mish-mashing MLK and police murders all into one event?  That's bullshit.  Next thing you know, they're gonna add music to it as well.  Is there respect for single-issue policy protests with these people.  Anytime more than 50 people gather anymore, it's an affront to White contributions to society and police heroism, no?  

[Johnny Sack 8397]

3 hours ago, TwiceHorn said:

The actual event was called the March on Washington 2020 and its purpose was to commemorate and celebrate MLK's march in 1963.

 

Fairly obviously, a civil rights march orchestrated by black people is going to include some Floyd protests and some BLM stuff and related police-brutality things, which seem to be highlighted above.  That was not the central purpose of the gathering. https://2020march.com/  And none of the scheduled events or speakers were directly Floyd related.  The other things seem to be hangers-on.

You claim a march “Get Your Knee Off Our Necks” in August of 2020 isn’t about Floyd? Come on.  

[Johnny Sack 8397]

2 hours ago, DanRydell said:

“I can’t breathe” stems from Eric Garner. But don’t worry, the police murders of blacks people are so prevalent they do begin to run together even for those of us who care.

What is your definition of prevalent?

[DefinitelyNotHollywoodColt 12301]

16 hours ago, BearSchlong said:

Johnny is a sociopath.

That he masquerades as a Church Deacon in real life is next level frightening stuff. He is absolutely a sociopath.

[bernorange 8359]

I'm still baffled by the judge's decision not to sequester the jury.  Seemed like a huge mistake on a no brainer.

[TwiceHorn 31434]

9 hours ago, Johnny Sack said:

You claim a march “Get Your Knee Off Our Necks” in August of 2020 isn’t about Floyd? Come on.  

I linked the program, which doesn't include any of that stuff.  I find it entirely plausible that the guy "signed up" to do the March, probably before Floyd even died, and even if not, without intent to attend a "Floyd protest."  He attended a commemoration of a civil rights march that was a civil rights march, that, for fairly obvious reasons, included some Floyd protesting.

[Johnny Sack 8397]

1 hour ago, DefinitelyNotHollywoodColt said:

That he masquerades as a Church Deacon in real life is next level frightening stuff. He is absolutely a sociopath.

Absolutely am.  You got me.

[DigglerontheHoof 21168]

18 hours ago, BearSchlong said:

Johnny is a sociopath.

He's a spoiled coward, nothing more or less.  A dotard light, if you will.

[Poe It Up 126]

The juror was clearly at a Floyd protest, why even pretend it wasn’t? Y’all are weird. Still, this shit isn’t getting overturned. 

[txhorns 2409]

Who gives a shit if it gets overturned?  Wouldn't there just be a retrial in which he would be found guilty a 2nd time?

[Guest Lobo]

Do criminal retrials happen in the same venue/same judge/same counsel (assuming they're alive and still working)?  I realize the jury would be completely different but how much do they stick to the original roster?  I'm guessing a re-trial a year from now, not as much protesting and vague threats from lawmakers.  It would be watched but not to the extent of the first one.  New jurors probably feeling less pressure to "keep Minneapolis from burning" and more focus on the part where they decide when Chauvin murdered George Floyd, that was probably a huge factor in his death...the murder part.  

[High Plains Drifter 11024]

 

If there were a retrial, does Chauvin get bail while it goes on?

[CurlyDumps 4466]

4 hours ago, Johnny Sack said:

Absolutely am.  You got me.

 

 

[BurntOrange&White 39930]

3 hours ago, Lobo said:

Do criminal retrials happen in the same venue/same judge/same counsel (assuming they're alive and still working)?  I realize the jury would be completely different but how much do they stick to the original roster?  I'm guessing a re-trial a year from now, not as much protesting and vague threats from lawmakers.  It would be watched but not to the extent of the first one.  New jurors probably feeling less pressure to "keep Minneapolis from burning" and more focus on the part where they decide when Chauvin murdered George Floyd, that was probably a huge factor in his death...the murder part.  

"The four-page document, filed by attorney Eric Nelson, details a number of errors the defense believes were made during the trial which violated Chauvin's constitutional rights to a due process and a fair trial.

Those include allegations of mistakes made by Hennepin Judge Peter Cahill, prosecutorial misconduct, juror misconduct, witness intimidation and the impact of publicity."

 

I'd imagine if it did go to a re-trial would be a new venue, judge, and jury.

[Captainant 27619]

Judge's ruling paves way for longer sentence for Derek Chauvin in George Floyd's death

Quote

A Minnesota judge has ruled that there were aggravating factors in the death of George Floyd, paving the way for a longer sentence for Derek Chauvin.

In his ruling made public Wednesday, Hennepin County District Judge Peter Cahill found that Chauvin abused his authority as a Minneapolis police officer when he restrained Floyd in May 2020, and that he treated Floyd with particular cruelty. The ruling also found that Chauvin committed his crime as part of a group with the active participation of at least three other officers and acted with children present, including a 9-year-old girl and her 17-year-old cousin whose cellphone video of Floyd's arrest brought international attention to his death.

 

Chauvin, who is white, was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for kneeling on Floyd's neck for 9½ minutes. Floyd, 46, a Black father, repeatedly said he couldn't breathe. Chauvin and the three other police officers who were at the scene were fired a day after Floyd's death.

Chauvin is scheduled to be sentenced June 25. Even with the aggravating factors, legal experts have said, he is unlikely to get more than 30 years.

Even though he was found guilty of three counts, under Minnesota statutes he will only be sentenced on the most serious count — second-degree murder, said Mark Osler, a former federal prosecutor and a professor at the University of St. Thomas School of Law in Minnesota.

Under the state's sentencing guidelines, Chauvin, who had no criminal history, would have faced a presumptive sentence of 12 ½ years on that count, he said.

"This is basically Cahill giving himself permission to depart above the top of the sentencing guideline range, 180 months," Osler said. "He doesn't have to do so, but he can. Both sides will argue on whether a departure is appropriate, and how long it should be."

Prosecutors had asked for what is known as an upward departure, citing five aggravating factors. Cahill agreed with all but one. He said prosecutors did not prove that Floyd was particularly vulnerable.

Chauvin and the three other officers who detained Floyd — J. Alexander Kueng, Thomas Lane and Tou Thao — were indicted on federal charges of violating Floyd's civil rights, the Justice Department announced Friday. A second indictment also charged Chauvin with depriving a 14-year-old boy of his civil rights during a September 2017 encounter in which he is accused of holding the boy by the throat and striking his head multiple times with a flashlight.

 

[Guest]

That's good to hear if it doesn't somehow strengthen any cause for appeal, what with the deviation and all.

['stache 21789]

 

On 5/5/2021 at 10:43 AM, txhorns said:

Who gives a shit if it gets overturned?  Wouldn't there just be a retrial in which he would be found guilty a 2nd time?

Retrials are a pain in the ass, and in this case, it would be more chaos, especially if they somehow got a hung jury the second time around. Some asshole cop locally who killed his daughters boyfriend while off duty was tried 5 times, three hung juries, and two convictions. The last one should be final. 

[GopherRock 1765]

I love the part where he found out. 

 

[Hugo Stiglitz 23367]

A headline from Australia 

[SquishMitten 10403]

22 1/2 years, which was a 10-year addition to the "presumptive sentence." Prosecutors had asked for 30. Has to serve minimum of 15 before parole eligibility

Edited June 25, 2021 by SquishMitten

[Mittens 8252]

 

[Incredulity 11643]

I didn’t scroll all the way down before playing that video.  Was expecting something bad happened to Chauvin based on thread bump.  The video by itself had me lol’ing.  Couldn’t make the connection.  Lol

[bolverk 29644]

He's now a Texas resident after being transferred to the federal prison in Big Spring.

Ex-officer, convicted in killing of George Floyd, moved to Big Spring Prison

BIG SPRING, Texas (KOSA) - Derek Chauvin the former Minneapolis police officer convicted of killing George Floyd, has been transferred to the Federal Correctional Institution in Big Spring, a low-security prison, the Federal Bureau of Prisons told The Associated Press on Tuesday.

Chauvin was previously being held in Arizona at FCI Tucson in August 2022 to simultaneously serve a 21-year federal sentence for violating Floyd’s civil rights and a 22 1/2-year state sentence for second-degree murder.

The transfer comes nearly nine months after Chauvin was stabbed 22 times in prison by a former gang leader and one-time FBI informant.

[Fudge Nuggets 19184]

They gave his transfer the urgency it deserved.