posted ago by window5 ago by window5 +5 / -0

this is tragic. Derek Chauvin will be convicted, another innocent man will be sacrificed, ruined and forgotten.

the legal insurrection web site is doing a great job covering and explaining the trial. https://legalinsurrection.com/2021/04/chauvin-trial-day-5-wrap-up-poorly-informed-witnesses-provide-state-with-poorly-informed-opinions/

One thing they point out is that Chauvin has 1 lawyer plus a rookie. The prosecution has numerous attorneys.

The defense approach appears to be that Floyd could not be controlled by the police and the observing crowd was getting hostile. Needed to keep Floyd still to keep everyone safe. And that Floyd died of his drug overdose.

If this is the defense, there is problem that it is hard to justify keeping Floyd pinned down after he is handcuffed. He is unarmed and there are 4 police there to stop him from running away. And you cannot say the drugs killed him because if he had been allowed to sit up on the street he probably does not die.

Which is why I think the defense should emphasize that Chauvin used his best judgement to keep Floyd safe. He was delirious and needed to stay still and calm down. If he had gotten up and tried to run away the crowd might have gotten aggressive or Floyd could have passed out.

Require the prosecution to overcome the legal hurdle that a police officer cannot be convicted of harming someone because they made a mistake.

Ask every prosecution witness what would have happened to Floyd if he had stood up and started to run away? Because of the drugs, would he have survived another struggle? What was there, a 1 in 5 chance he would struggle and die that way compared to keeping him pinned down, waiting for the paramedics? Get the witnesses to speculate on that.

Get the witnessed to concede there was a chance of harm to Floyd from all courses of action chosen by Chauvin. The objective being to get the jury to doubt the certainty of conviction. And especially get them to have to disprove the assertion that Chauvin did his best to keep Mr. Floyd safe.

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window5 [S] 2 points ago +2 / -0

yeah, the drugs and delirium killed him. But Chauvin has to take that into account when keeping him pinned down for such a long time. He was handcuffed and obviously not a threat to the officers.

I think the focus has to be on Chauvin acting to keep Floyd from hurting himself. Put blame on MPD for not having a sergeant on the scene to help with decision making. Chauvin had 3 rookie officers he was supervising, had a hostile crowd and had to act to restrain Floyd. Repeat the point to the jury that they cannot convict someone for making a mistake in such a setting. His actions were intended to help the man.