Guilty on All accounts, riots and mistrial on appeal coming?
Posted by TheRealBill 3 years, 7 months ago to News
So the jury apparently convicted on all counts, but the judge is already on record as saying that Waters' actions give grounds for a mistrial on appeal.
Some of the interviews there already have people saying it isn't over and they are going to continue being on the streets. Which I am sure is no surprise to any of us here.
For Gulchers versed in the law, what do you think about the likelihood of a successful appeal leading to a declaration of mistrial? It is just gobsmacking to me that the jury wasn't sequestered on day, let alone last week.
As I see it the defense attorneys have the following in support:
1. No jury sequestration in a wildly nationally public and hot case
2. Waters' demands of a guilt of murder or them being "more confrontational" in the streets
3. No jury sequestration when the riots started
4. Possibly the POTUS talking about them needing to reach "the right verdict"
5. Apparently (I've not confirmed) the non-sequestered jurors' personal information was released including their address last Friday or so.
6. The trial in a hot case with this level of violence and uproar around it was held in the very place all of this was going on
Now I admit my knowledge of trial around this kind of thing is decades old, but that sounds like a decent case for a mistrial, with Waters' remarks being perhaps the "final straw" as noted by the judge.
Now, on that, why they hell did he deny the sequester request, any reasonable ideas?
Some of the interviews there already have people saying it isn't over and they are going to continue being on the streets. Which I am sure is no surprise to any of us here.
For Gulchers versed in the law, what do you think about the likelihood of a successful appeal leading to a declaration of mistrial? It is just gobsmacking to me that the jury wasn't sequestered on day, let alone last week.
As I see it the defense attorneys have the following in support:
1. No jury sequestration in a wildly nationally public and hot case
2. Waters' demands of a guilt of murder or them being "more confrontational" in the streets
3. No jury sequestration when the riots started
4. Possibly the POTUS talking about them needing to reach "the right verdict"
5. Apparently (I've not confirmed) the non-sequestered jurors' personal information was released including their address last Friday or so.
6. The trial in a hot case with this level of violence and uproar around it was held in the very place all of this was going on
Now I admit my knowledge of trial around this kind of thing is decades old, but that sounds like a decent case for a mistrial, with Waters' remarks being perhaps the "final straw" as noted by the judge.
Now, on that, why they hell did he deny the sequester request, any reasonable ideas?
Mike Flynn case alone proved how dishonorable these robed twits are!
Now we only have MOB justice, stirred up by fake news, bad reporting. And demonization of WHITE people.
Great.
There will be an appeal, the verdict will be overturned and there will be rioting across the country. Again, buy ammo.
You need not do anything but be white. err, buy ammo.
If I were a cop in Minn. I'd quit and laugh my ass off watching the blender spin drinking somewhere warm.
1) The "prosecutor" wasn't actually a prosecutor at all. He's a civil attorney. In his closing arguments he called the defense a liar at least 20 times which in a criminal case isn't permitted (though apparently in a civil case it is). The defense attorney objected (and was sustained) at least three times and complained to the judge after the jury was dismissed that it constituted misconduct on the part of the prosecution - and the judge agreed and suggested he include it in the appeal.
2) The jury was never given specific instructions by the judge regarding the charges' definitions. The key one is that for First Degree Murder, the defendant actually must be the cause of the victim's death. Even the coroner testified that Floyd had serious heart rhythm issues AND he had not only three times the lethal dose of Fentanyl in his system but other drugs as well. These are problems that the victim brought with him that Chauvin can not be held responsible for. Asphyxia (lack of breath) was NOT a cause of death, meaning that despite Chauvin kneeling on Floyd's back (it WASN'T his neck and this was confirmed even by a hostile coroner), Chauvin did not cause Floyd's breathing issues.
3) The jury was never instructed that the prosecution had to specifically prove that the chaos going on around Chauvin was not a mitigating factor. That means that despite Chauvin being surrounded by a hostile crowd, that Floyd was a 240-lb man with a history of criminal behavior and drug addiction, etc. must be shown by the prosecution to be irrelevant to this particular charge. That's a pretty tall order for First Degree Murder, though a lesser charge such as involuntary manslaughter would probably stick.
This goes for any Marxist run American city, not just Minneapolis.
They need ANARCHY to scare everyone to support a future dictator.
We are damned if we do, and damned if we dont!
What we need is about 1,200 "Green Arrows" telling people they've failed this country!
If the jurors names were released pre-verdict there is a strong probability of a mistrial, new venue and acquittal on appeal. Possible new venue in North or South Dakota.
I'll have to fish around for anything on Waters' influence.
All very speculative at this time.
I've found this so far: https://www.startribune.com/who-are-t...
But I'm doubtful that is enough to qualify, though the reported bios are ... lets say "interesting" at the least.
Derek Chauvin will be looking for something to do in a Protective Custody (referred to as "PC") one man cell so black inmates won't do bad things to him.
He will have access to a law library due to federal law and visits by lawyers.
Thanks to Mad Max Waters' big mouth, I can guarantee he will appeal. More than likely more than once as the long years crawl by.
That's how inmates on death row stall executions for 20 or 30 years. Appeal, appeal, appeal. The prison I worked at holds a third of Alabama's death row.
Just like PC inmates, books from the law library are delivered to their cells and they are provided a list to pick books from and lawyers come to visit them too.
Chauvin does not have to worry about an execution but he will be thinking up stuff to do.
Even if just for the hell of it.
https://abc7.com/derek-chauvin-trial-...
Floyd was a human turd; however, he should not have been killed in this circumstance. Police should not behave like this officer did. Police and other government agents should not be indemnified for conscious actions. Perhaps the incompetence of other government agencies can come into the cross hairs now. Police are the least of our worries in terms of consequences.
Arguably Floyd should have been killed by someone right after he pointed a gun at the woman he made pregnant while pregnant with his child, or various other things he did.
There will not be justice in the American legal system until the corrupted are punished.
That won't happen peacefully, imo.
This is a real problem, since society's natural controls have been "open circuited". Fights in school are not allowed. Inter-family parental correction is not allowed. Society is NOT ALLOWED to control anti-social behavior. That is "culture", and if you oppose it, you are a racist or a neanderthal. Thus, virtually everything must go to court and government to be dealt with, reducing the effectiveness, giving even more power to government, and costing more.
What is really needed is societies not putting up with people like George Floyd when he is 11 yrs old, not 35.
I did the research and posted regarding this months ago.
Will the last uncorrupted judge in America please step forward?
Biden influences the jury on national TV his election makes no sense. The whole event as important as it is , due to a nationwide riotfest and looting party for months. The George Floyd death and the way it was video is a total enigma. Why kneel on a guy’s neck for 10 mins? Why did the other officers just stand around?
The opening act made no sense.
The hero worship of a career criminal, makes no sense.
The absurdity and liberal privilege of the Dems promoting riots and the crickets 🦗 in the MSM calling them peaceful protests it makes no sense.
A horrible person , a kakistocrat like Maxine Waters has a voice of influence it makes no sense.
During the trial the city announces a massive ca$h settlement to Floyd’s family that the non sequestered jury had to
Know about makes no sense.
Dr Michael Baden coming in and doing a 2nd Autopsy , it makes no sense.
Baden is a technocratic tool of the deep state.
No change of venue , when the venue is a powder keg makes no sense.
Get out bulldozers, shovel up the rioters and use dump trucks to dump them at the city dump or equivalent.
I agree w/Thoritsu; George Floyd was a human turd. But I also believe that Chauvin had other ways to subdue this human turd that wouldn't have resulted in a dead human turd.
And I believe that not sequestering the jury in a case whose public profile is so high that it undeniably influenced a presidential election should not only result in a mistrial, but it should also get the judge censured and possibly removed from the bench. He himself said in court that Waters' words and actions could well give the defense grounds for a mistrial and new trial.
Of course, taking my argument to its logical conclusion presents what may be a harder problem to solve than calculating Pi to its last digit: Where in the hell could we find 12 jurors plus alternates for a new trial?
First, the basic facts: the jury returned fairly quickly with a verdict of guilty on all three counts: second-degree unintentional murder, third-degree murder, and second-degree manslaughter (I told you I’m not a legal expert so I won’t try to explain how you can be guilty of both intentional and unintentional murder for the same crime.) A guilty verdict was hardly unexpected, given the emotional power of that video of Floyd saying he couldn't breathe, but not necessarily on all counts.
my comment - think about it.
He can only be guilty of one of the three changes.
- If it is manslaughter (absent of malice), he cannot be guilty of murder
- if he is guilty of unintentional murder, he cannot be guilty of intentional murder or manslaughter
- if he is guilty of intentional murder, he cannot be guilty of unintentional murder and manslaughter
from Dictionary
Manslaughter is a distinct crime and is not considered a lesser degree of murder. The essential distinction between the two offenses is that malice aforethought must be present for murder, whereas it must be absent for manslaughter.
However I am concerned about some of the justifications given for use of deadly force by some of the officers under the shield of "qualified immunity". Seems to be a "cop out."
All the state has to do is start buying dissidents at $500,000 per and the problem will go away, for awhile.
BTW, this is back on front burner:
Reparations to descendants of slaves is gaining momentum, but could come with a $12 trillion price tag. (chump change)
Mogadishu covered in dollars is still Mogadishu. Nothing will really change.
Side note: I know a rather large US company somehow got convinced to go "woke" before the term was in vogue and gave all "minority" employees a 15% raise just in case they may have been discriminated against during their employment as well as a bunch of other benefits not allowed to white people. The company did go bankrupt and had to file for relief. It's still around but is a shadow of its former self and never will really recover.