Article: Why Derek Chauvin May Get Off His Murder Charge.

Discussion in 'Political Issues' started by bigj480, Jun 13, 2020.

  1. bigj480

    bigj480 CLM

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    This article goes into specific detail about department policy and George Floyd's condition and really makes a guilty verdict seem unlikely, if based on the facts of the case. This should matter a lot to all of us given what will likely follow anything short of a murder conviction. I would love to hear from those who are convinced that Chauvin is guilty of murder regarding the points made.

    https://medium.com/@gavrilodavid/why-derek-chauvin-may-get-off-his-murder-charge-2e2ad8d0911
     
  2. G33

    G33 Frisky! CLM Millennium Member

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    Use the General Flyn judge.
    Guilty before the first court appearance.
    :)
     
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  3. thewitt

    thewitt

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    The facts won't matter in this case. It's already been decided.
     
  4. BOOSTED12A

    BOOSTED12A

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  5. cbetts1

    cbetts1

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    I think there is more video out there that will show how much he was fighting in the back of the police car and pushed his way out into the street. The guy was strong and tall. If he would have got hit by a car they would have been ridiculed as well.

    If that cop would have got off his neck after a few moments, everything would be different. I think the guy on the back restricted his breathing just as much if not more but the kneeling on the neck looked bad.

    I won't be surprised if he get's off but the judge or jury will be under pressure to put them away.
     
  6. Doc McGlock

    Doc McGlock

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    I don't see how anyone could stop a conviction in this case. First off, I see no way he survives 3 months in prison, probably even less if acquitted and back out in public. They might have to exile him to a remote witness protections location, far away from the US. Maybe bunk him up with the Epstein Arkanciders in Argentina.

    Besides, I have a feeling that he was a setup of the DS to start race riots, followed by Antifa, seeing how quickly they organized and attacked, following the release of the video.

    "I'll take planned DS event attacks for 200, Alex!"
     
  7. Tanger

    Tanger

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    I am not so sure this is a slam dunk guilty verdict. I am becoming much more of a conspiracy theorist as I watch all of these events.

    The way I understand it, the DA upped the original charge from M3 to M2. Most are of the opinion that this was to appease the demands of the rioters and to send a message to LEO’s.

    My fear is, they (the DA) know they can’t prove M2 beyond a reasonable doubt. If Chauvin would have been found guilty of M3, this all fades away quietly. If he is found not guilty of M2, the protests and riots are going to blow up again. Probably, right before the election.

    I’m not making a prediction, let’s just say I won’t be surprised if it plays out this way.
     
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  8. DonGlock26

    DonGlock26

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    Where is the MPD body cam footage? Why isn't the media demanding its release???
     
  9. ChuteTheMall

    ChuteTheMall Wallbuilder and Weapon Bearer

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    It no longer matters. What are they going to do, riot?
     
  10. CAcop

    CAcop

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    I think his big problem is going to be when the suspect goes unresponsive. Poor training didn't save the BART cop.
     
  11. DannyB

    DannyB

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    I hope he gets a fair trial even if we have to mobilize the military. We cannot let our country get run over anymore by these thugs. What did Trump say, "dominate?" It is time our LEOs get the authority to dominate this situation, even if they have to be backed up by military.
     
  12. nerr

    nerr

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    Where on earth would they find impartial jurors who had not heard the case already tried by government officials and the media? And what would a 'jury of his peers' look like?
     
  13. Lt. Donn

    Lt. Donn PSO Survivor. currently in NW Georgia

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    I have said from the beginning: Let the investigation be concluded Before we judge...yes the video looks bad, and yes myself and a host of older cops here on GT have used a knee to help subdue a violently resisting arrestee...I think it was a perfect storm of exertion/drugs/underlying med conditions, that had a cascade effect leading to Mr Floyd's death. It does not help that the arresting officer has a rather lengthy IA file...BUT, I predict if he is convicted at all, it will be a lesser crime with a minor penalty...regardless, nothing short of a public hanging will avoid more riots, so our major cities ( and maybe some smaller ones also) need to prepare for the worst
     
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  14. Lt. Donn

    Lt. Donn PSO Survivor. currently in NW Georgia

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    The short answer is; they will Not find jurors who have not heard of the case...we can only trust in the lawyer's ability to choose folks who will set aside their pre-conceived judgments and follow the evidence...this is why some in the Crim Justice Community have called for Professional Juries...the MSM has flooded the medium with so much coverage, that finding an uninformed juror is now impossible

    ETA: Almost every trial attorney summarily dismisses anyone with LE experience from juries...I think just the opposite...Former, current and retired LEO's would make very good jurors....but that won't happen
     
  15. BigBluefish

    BigBluefish

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    American Samoa? Guam? Of course, that might tip over with all the media in attendence.
     
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  16. jr24

    jr24

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    Don't think he was set up by the DS.

    But I do think BLM and Antifa had plans in place for the inevetetable situation bad enough (either in reality or optics) to kick this thing off.
     
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  17. ReaPer105

    ReaPer105

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    He has a slim chance. He does have some defense arguments for sure. More likely he is convicted of third degree or manslaughter I’m guessing.
     
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  18. larry_minn

    larry_minn Silver Member Millennium Member

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    The anti Police Ellison doesn't want it released. If I thought there was a chance my identity could be hidden. I think I could be fair on the jury. There are many factors we don’t know. Many people haven’t actually watched the first video. They saw, got upset, emotional. (I did to). But there is more.
    The most I could vote guilty now. (Realizing he has not had the chance to mount a defense) is negligent, Manslaughter type. His defense could make it lesser.
    He imo was very wrong. He should never wear a badge....
    I would like to hear him try to explain why.
    I feel bad for the other 3 Officers.
     
  19. cbetts1

    cbetts1

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    Keith Ellison is the MN state AG. He is taking the lead on the case. He is a scum bag of the highest degree. If you want to know where the body cam footage is, he has it. Interesting whey it hasn't been released. Any evidence that is exculpatory for the cops won't be released for a long time if ever.
    ellison and antifa.png
     
  20. fastbolt

    fastbolt

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    I won't be surprised if the case never makes it to trial, but ends up with Chauvin taking a 2nd degree manslaughter charge. I'd be surprised if the state wouldn't have a steep uphill climb to be able to prove, beyond a reasonable doubt and to a moral certainty, even a 3rd degree murder case, let alone a 2nd degree murder case. (However, I'm certainly not an attorney, so my thoughts are just those of another citizen.)

    However, apparently without the 2nd degree murder charge, it removes the ability of the state to charge the other 3 former officers as accessories to murder.

    Now, once the defense team(s) starts to present facts, the case might not prove to be a slam dunk for the prosecution for any of the charges. Although 2nd manslaughter gives them this to work with for a prosecution, which is a lower bar to argue:
    "(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; ..."

    Yep. Once the restrained suspect appears to go unresponsive, everything changes, including with the continued use-of-force. Since the suspect is in their custody, they have a level of responsibility for his continued safety since he can no longer care for himself.

    I wonder if one of the sad tragedies of this case may be that even if they'd never taken the suspect to the ground and held him prone for so long, he might've been suffering from the effects of his compromised health condition and drug use, combined with the stress of being arrested, and he might've died in-custody no matter what else they did, or didn't do.