Batten down the hatches. 3rd deg. murder charge against Chauvin dismissed.

Discussion in 'Political Issues' started by Grabbrass, Oct 22, 2020.

  1. Grabbrass

    Grabbrass

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  2. hogship

    hogship Stop the steal! Silver Member

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  3. jeanderson

    jeanderson Making America great again!

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    The coroner ruled the cause of death was an overdose. How can Chauvin even be convicted of manslaughter?

    The only thing that might stop rioting is that it's below freezing in Minneapolis now, with snow and rain predicted.
     
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  4. Gino

    Gino Millennium Member

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    The highest charge I can see is some type of manslaughter for allowing someone in your custody to die, depending on that state's laws. And if they can show that they called for medical in a timely manner, and allowed them to treat him as soon as they arrived, that goes out the window, right?

    Why in god's name is there still a 2nd degree murder charge? Doesn't 2nd degree murder have to be intentional? I'd say the coroner's report showing a lethal dose of fentanyl gives plenty of reasonable doubt.
     
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  5. BOOSTED12A

    BOOSTED12A

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    With the cold I see more fires in the future
     
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  6. nerr

    nerr

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    Science is only allowed when it fits the Commie agenda.
     
  7. marchboom

    marchboom

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    Sounds like suicide to me.
     
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  8. jr24

    jr24

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    Best my (non-legal) mind can come up with is failing to recognize the symptoms of the overdose and administer Narcan (if they even had it). Else there's nothing he could do until the paramedics showed up.

    I guess they could try to prove he knew the dude was ODing and ignored it on purpose, which is a stretch to say the least.
     
  9. Doc McGlock

    Doc McGlock

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    and, I believe, there was a video showing him ingest the remaining contents of a bag, prior to the take down by the cops, if my memory serves me well.
     
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  10. bdcochran

    bdcochran

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    A big nothing. Routine pre-trial motions by the defense to gain insight into how the prosecution will try the case and to obtain information and materials not already turned over in pre-trial discovery.

    It is unfortunate that the dunce of a Governor chimed in. It might prejudice a jury. Do you think that the Governor routinely makes comments on routine pre-trial motions in many purported murder cases?

    Yes, you would expect a DA to throw everything up on the wall in charges and hope that something sticks.

    I won't be following the trial. It should be interesting. Many of the top criminal defense lawyers were trained in DA offices and left because they could make more money in private practice. This doesn't mean that a DA's office may not have very dedicated, long term trial attorneys - but the back ups are few.

    In the O.J. Simpson case, the lead DA attorney was going to be very good. Unfortunately, he suffered a brain tumor and was replaced. I only paid attention because the case was local. Marcia Clark, the lead prosecution attorney, went to family law court and asked for more money because she was going to have to buy new suits for the trial. In that case, the DA's office did not do its homework. One of the lead Simpson attorneys was not admitted to practice in the State of California - knocking him out would have helped the prosecution.
     
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  11. mj9mm

    mj9mm

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    i don't see the good news here...
     
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  12. bfg1971

    bfg1971

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    The judge ruled that the required elements for 3rd degree were not met and dismissed the charge. It shows a rush to charge.

    I believe that it also would remove it as a possible lessor included charge so that the jury must only consider 2nd degree.

    Not a lawyer so maybe I'm completely wrong.
     
  13. Grabbrass

    Grabbrass

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    Didn't say there was any.
     
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  14. pairof44sp

    pairof44sp

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    Unless something has changed recently, the coroner made NO finding regarding cause of death in his report, even though State law requires him to make one. A copy of the report can be found online (even though this is not part of the public record and is not made available to the public under normal circumstances).

    There is confusion on this, with people believing that the coroner found a cause of death, because he said something at a press conference contrary to what he wrote in his report, and this was reported in news articles cleverly written to give a quick reader the impression that a finding had been made.

    All of which will make him pretty useless for the prosecution on the witness stand.
     
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  15. pairof44sp

    pairof44sp

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    But your main point is spot on anyway.

    A toxicology of 16.9 ng/mL of fentanyl and metabolites makes it impossible to prove beyond a reasonable doubt that Chauvin caused Floyd's death.
     
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  16. DaleGribble

    DaleGribble Come on man!!

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    Hopefully the natives burn it all down, again, as a nice reminder of what the summer of love was all about, right before the election.
     
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  17. Sherlock913

    Sherlock913 If the coronavirus doesn't take you out, can I?

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    conveniently just before the election....hmmmm​
     
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  18. nrajeff

    nrajeff

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    Will there be a Chaz II--the sequel ? "Just when you thought it was safe to go back into that neighborhood..."
     
  19. nrajeff

    nrajeff

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    Board-certified actual doctors make similar mistakes every year and patients die. They usually aren't indicted for criminal homicide. It's considered malpractice and the hospital's (or doctor's) insurance pays out some money to the family, and if the doc doesn't have a track record of this, he might not even be fired.

    So how come a cop--who HASN'T been through med school and passed cert tests--is expected to recognize, inerrantly, medical conditions? And the first time the cop misdiagnoses something and the patient dies, it's Murder charges? Shouldn't cops get MORE slack than doctors do, not less?

    We don't hold doctors criminally accountable for misjudging the criminal code.
     
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  20. 63Bravo

    63Bravo

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    It’s cold out.