In other news, remember Derek Chauvin and George Floyd?

Updated on March 2, 2021 in General Stuff
7 on February 28, 2021

Looks like the trial finally gets under way on March 8th.

This is a reasonable summary of where things stand politically at the moment:

https://www.powerlineblog.com/archives/2021/02/a-city-prepares-for-a-trial.php

Given that it’s now somewhat more common knowledge that Floyd was already OD’ing on Fentanyl when the cops arrived, it’s going to be really hard to expect a conviction of Chauvin on murder at any level. And given that the year long narrative has been that all 4 cops were “murderers,” it’s going to also be really hard to keep large factions of the public from going nuclear when he skates on that charge. Herein lies a new great experiment for the 21st-c.

Chauvin will almost certainly be convicted of something, probably involving some mix of assault and violating Floyd’s civil rights. I suppose we will see what we see on that. 

I think that the other cops, considering their status relative to Chauvin, will probably be cut loose, but I just don’t know. Now that their trial has (once again) been decoupled from Chauvin’s I’m starting to suspect that the city will lowball settle any counter-suits, and those guys will take something (100K-250k-ish apiece) to disappear into the countryside to never be heard from again.  

That is all seat of the pants conjecture on my part, though. 

I’d be curious as to opinions and predictions on this.

 
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0 on March 1, 2021

My prediction, which I would not take to the bank, is that Chauvin will be found guilty of 2nd degree manslaughter and be sentenced to 10 years in prison and a $10k fine. He will serve less than half of that time.

I think at least one of the other officers will be found guilty of something, as scapegoats if nothing else.

609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person’s culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another)[.]

I have no idea how the Almighty will judge Mr. Chauvin. I’d like to hear his testimony, but it’s as likely as not that he will decline to testify. The jury will want to hear his side of the story if he is to have any chance at a complete acquittal.

When you see “unreasonable” in a statute like that, it means that the legislature contemplates juries deciding what one should have done or should not have done, as opposed to what one intended to do or the result one intended to reach.

I also predict riots, but not on the scale of what we saw last year.

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0 on March 1, 2021

I am certainly uncomfortable trying to debate your predictions on the verdict, at any level. 

Given the powers now being brought to bear, I think Chauvin has a real battle on his hands.

More on the current players:

https://www.powerlineblog.com/archives/2021/03/derek-chauvin-trial-preview.php

I still feel that the OD, and late-emerging forensic evidence takes murder off the table, but again, I can throw my bet in with Rob’s with some confidence. More due to confidence in Rob than this particular legal process.

I have no idea what will become of the other three. I’m sure that a majority is hoping that things will go from a boil to a simmer by the time summer rolls around.

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0 on March 1, 2021

Oh, my prediction is just gut based, not legally based. Some on the jury will be sympathetic to Floyd, and some will be worried that their names will leak out and their houses burned down with them in it.

Lawyers are just hired guns. We don’t know any more than anyone else when it comes to this kind of stuff. Probably less, if anything, LOL.

I do know that the prosecutor is going to darken the lights and play that videotape as a climax to his presentation … all 8 minutes of it. Four minutes would be an eternity. Eight minutes? Glad I won’t be there.

It’s funny how jury instructions say things like, “Your verdict must be based on the evidence, not on sympathy for the victim or antipathy for the defendant.” And that’s “the law,” but who is capable of setting aside personal feelings?

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0 on March 1, 2021
Some on the jury … will be worried that their names will leak out and their houses burned down with them in itFrom robjh22

I wonder what the defense could do with that. Seems like there’s a pretty good argument for moving the trial to some remote part of the state, if only to obtain an impartial jury.

But I’m no lawyer.

I also wonder what the defense can do with the fact that these guys have already been convicted by politicians all over the country. I wonder how much latitude the judge will give the defense to Voir Dire prospective jurors.

I’m pretty confident that the judge won’t allow anything about Floyd’s prior convictions (he shouldn’t), but there is plenty of exculpatory evidence the defense can point to that deals with his conduct and state of impairment immediately prior to being restrained.

The part of all this that sickens me the most is that, whatever the outcome, the racial composition of the jury will be the story. It feels like in our quest for racial justice, we’ve restored the state of affairs found in Mississippi, circa 1954.

 

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0 on March 1, 2021

“I wonder what the defense could do with that. Seems like there’s a pretty good argument for moving the trial to some remote part of the state, if only to obtain an impartial jury.”

The lawyers tried that. Judge denied the request saying that there is nowhere in MN where the news would have been any less broadcast or the case less well known. That will be a good ground for an appeal, though.

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0 on March 2, 2021

https://minnesota.cbslocal.com/2021/02/27/minneapolis-to-hire-6-influencers-to-spread-city-approved-messaging-to-public-during-derek-chauvin-trial/

“The City is collaborating with social media partners to share public information with cultural communities and to help dispel potential misinformation during the upcoming trials of the former officers involved in the killing of George Floyd.”

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0 on March 2, 2021

Aaaaaand, already a reversal. After a 13-0 city council vote for the above.  This is what “scrambling around like a monkey on a football” looks like, IMO:

 

https://www.fox9.com/news/minneapolis-drops-plan-to-hire-social-media-influencers-for-chauvin-trial

 

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