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.
Derek Chauvin trial starts today. The defense should be based on the officer using his judgement that the best thing for George Floyd was to stay still. He was delirious and in danger of causing serious harm to himself. He was moving about and repeatedly disobeying the officers instructions.
The police had to detain Mr. Floyd. The paramedics were on the way. Releasing the neck hold on Mr. Floyd could have resulted in Floyd resuming his resistant behavior. The decision Office Chauvin made to maintain the hold, was his best judgement on how to prevent George Floyd from harming himself.
Call police trainers as defense witnesses. Ask them whether Chauvin's actions were sound based on how they train police to respond in similar circumstances.
Present to the jury reviews of police encounters with delirious people that had to be detained. Highlight cases where the detainee died from over exertion.
Show that the neck restraint, when used correctly, had never been known to cause a persons death.
who hired the lawyer to present the case for the imprisoned proud boys to the appellate court? It is a terribly poor presentation. Conceding that Gavin engages in hate speech? Then wasting time by allowing the judges to focus on the specifics of the street fight and who was kicking who?
Since Antifa did not testify at the trial, all the evidence of the fight should be stricken from consideration. That should be the basis of the appeal. A person cannot be convicted of attempted assault when those assaulted do not testify.
Keep the appeal simple. Present case law which pertains to assault convictions and complaints. Has there ever been a case where someone was convicted without the victim testifying? Probably when organized crime or other fear of retaliation is the reason. Challenge the appellate judges to make that determination. Depose the prosecutors and ask if any of those assaulted were afraid to testify and why.
The other obvious appeal argument is to show that the state wanted to get Gavin, the leader of the proud boys. Show that the failure to make a case against Gavin makes the prosecution and conviction of the imprisoned proud boys pointless. The convicted men had nothing to give the state in its case against Gavin.
The state went after the proud boys in order to build a larger case against the kingpin. As part of the appeal, depose the NY State prosecutors and get them to answer questions as to why no such case has been brought against Gavin. Present to the appellate judges evidence that NY State has determined there is no kingpin case to be made. Without a kingpin, why blow a street fight out of all proportion and allow a conviction where those assaulted refused to testify.
but ... he is like all we have on the national stage. God help us if the brutally evil left are successful in taking him down.
Tucker on the NY Times attacking him for being critical of one of their reporters: https://youtu.be/Pza9fRxW5WM
This YouTube link has all of last nights show. Tucker makes a great point comparing Biden with Brezhnev. And he critiques the Biden covid speech. Will they force everyone to be vaccinated? https://youtu.be/QtQ0POEOCQ4
He responds to the coordinated criticism coming his way from military figures. Coordinated as directed by secretary of defense? Incredible. https://youtu.be/mi-_VqYODLw
ask if they fear the mob that has gathered outside the courthouse.
ask if they trust the Minnesota Attorney General to shield their identity if they vote to acquit.
here is what I think the Derek Chauvin defense should be ... Insist he was trying to help the man.
Mr Floyd was delirious and hyperactive. An imminent danger to himself. Chauvin made the decision that Floyd needed to stay still. Calm down. The ambulance had been called and its arrival was expected at any moment. The knee hold was not obstructing his breathing. Just keeping him still. The officer thought the best thing to do to keep Mr Floyd from hurting himself was to keep him pinned down and still. Otherwise he might get up and run away or become agitated again.
Defense wise, keep the emphasis on Chauvin doing what he thought was the best thing to do to keep George Floyd alive.
He sounds like an honest guy. Wish he did not have to be so apologetic about the magazine charge. There is no evidence he has ever been armed at a public event. Legal gun owners are remarkably responsible people and no threat to the public.
Consider that prosecutors would clear him if he gave them something. They would love to bring RICO charges against Gavin.
Gavin says Proud Boys should just be men's club. But then says ok to provide security. Just shows the ridiculous position democrats are placing people in. Appearing at public rallies is fun, interesting and important. And when you appear, you have to be organized. Otherwise you can easily find yourself in an outnumbered situation.
So yeah, a men's club that advocates for political freedom, personal responsibility, discussion of the world you are growing into - it it natural and good to attend, even organize a protest rally from time to time. Also a great way to recruit new members. And remember, the club is there to help men stay connected and get guidance on focusing their life. The more members the better.
The lay low defense in the face of criminal charges does not work. The conviction and jail time of the guys in NY State is clear evidence of that. To be charged with trespassing at a political rally?? Give me a break. You are trespassing to force the elected leaders to listen to your POV.
listening to Enrique on Gavin's show ... He says "... I admit January 6 was stupid...".
I appreciate the brutal persecution these guys are facing. Just saying, protesting at the nation's capitol is not stupid. So what if some got out of hand? No one was armed. The police could have simply acted to arrest people who pushed past the barricades.
The protesters had a legitimate beef. The establishment did seriously influence the vote of individual people. Vote harvesting is coercive. That is why the political parties spend hundreds of millions, billions nationally, to do it.
But even if you are protesting for the wrong reason, or the wrong cause. A protest rally is a place to speak, be heard and be responded to. That is always good. What better place and time to protest then at the capitol building when the legislature is in session?
The political system is broken. Good people are not stepping forward to serve. To do so exposes a person to jail time. The result is many are not being heard, represented. Jan 6 was a cry to be heard, to have some influence in the governing of the country.
