Derek Chauvin Trial

[Right_in_Virginia]

@Right_in_Virginia

Ooops...posting on wrong thread?

ROFL .... Yup!   

Thanks.

@mystery-ak

[Hoodat]

Prosecution's cross-examination of defense expert Dr. David Fowler:


http://vimeo.com/536978166

[Right_in_Virginia]

Legal Insurrection
@LegInsurrection

#ChauvinTrial Day 13 Wrap-Up: Solid Day for Defense With Forensic Expert Witness

  Chauvin Trial Day 13 Wrap-Up: Solid Day for Defense With Forensic Expert Witness
Blackwell scored no major points, hit with “My Cousin Vinny”-style response
https://legalinsurrection.com/2021/04/chauvin-trial-day-13-wrap-up-solid-day-for-defense-with-forensic-expert-witness/

10:24 PM · Apr 14, 2021·Twitter Web App

https://twitter.com/LegInsurrection/status/1382520287716122627

[Sighlass]

Thanks for the posts gang, I wish I had more time to delve into them more deeply. Interesting stuff especially the legal insights.

[goatprairie]

It would help the defense a lot if they could produce examples of officers having their knees on the necks of perps without the perp croaking.
The prosecution from what I've read has made a strong case that Chauvin's knee killed Floyd. Considering Floyd's dangerous drug levels and very bad heart, I would think the defense could throw a lot of doubt about the knee killing Floyd.
If I'm sitting on the jury I'm thinking yes, a knee with strong pressure on a person's neck can kill, but I'm also aware of Floyd's dangerous drug level and bad heart.
The most I could convict Chauvin of is some sort of manslaughter charge. I seriously doubt he wanted to kill Floyd. An intent to murder charge considering Floyd's bad health and his resisting arrest is ridiculous.

[Cyber Liberty]

It would help the defense a lot if they could produce examples of officers having their knees on the necks of perps without the perp croaking.
The prosecution from what I've read has made a strong case that Chauvin's knee killed Floyd. Considering Floyd's dangerous drug levels and very bad heart, I would think the defense could throw a lot of doubt about the knee killing Floyd.
If I'm sitting on the jury I'm thinking yes, a knee with strong pressure on a person's neck can kill, but I'm also aware of Floyd's dangerous drug level and bad heart.
The most I could convict Chauvin of is some sort of manslaughter charge. I seriously doubt he wanted to kill Floyd. An intent to murder charge considering Floyd's bad health and his resisting arrest is ridiculous.

Even the Persecution has accepted the fact that Chauvin's knee was not on the neck, but it was upon the upper shoulder.  Videos from other angles proved that.

And then there's the other prong of the Defense's case...the use of force was justified.

If you haven't yet, read the summary on Legal Insurrection that was linked upthread.  That fellow is very smart and articulate.  He live blogs the trial, and does a daily summary. 

[goatprairie]

Even the Persecution has accepted the fact that Chauvin's knee was not on the neck, but it was upon the upper shoulder.  Videos from other angles proved that.

And then there's the other prong of the Defense's case...the use of force was justified.

If you haven't yet, read the summary on Legal Insurrection that was linked upthread.  That fellow is very smart and articulate.  He live blogs the trial, and does a daily summary.

"Even the Persecution has accepted the fact that Chauvin's knee was not on the neck, but it was upon the upper shoulder.  Videos from other angles proved that."

I have not read that anywhere. If true, there's no way Chauvin can be convicted of anything.

[mystery-ak]

Chauvin invokes Fifth Amendment, won't testify in defense
https://thehill.com/homenews/state-watch/548407-chauvin-invokes-fifth-amendment-wont-testify-in-defense

[mystery-ak]

Defense rests in Chauvin murder trial
https://thehill.com/homenews/state-watch/548430-defense-rests-in-chauvin-murder-trial

[mystery-ak]

 LIVE: Chauvin Trial Day 14 – Defense Rests, Chauvin Will Not Testify, Asserts 5A

State recalls Dr. Tobin, pulmonologist, to rebut defense expert Dr. Fowler’s testimony of yesterday
Posted by Andrew Branca Thursday, April 15, 2021 at 09:15am

Welcome to our ongoing coverage of the Minnesota murder trial of Derek Chauvin, over the in-custody death of George Floyd.  I am Attorney Andrew Branca for Law of Self Defense.

As we rapidly approach the conclusion of the testimony in Minnesota v. Chauvin it appears that the defense intends to close its case in chief by bringing at least three more medical expert witnesses before the jury, based on the expert witness disclosure filed by the defense back in January (disclosure embedded below).

Among those experts listed in the disclosure who have not yet testified are Dr. Gary W. Kunsman, a forensic toxicologist, Dr. Michael Werner, a forensic psychiatrist, and Dr. Kai Sturmann, an emergency medicine doctor.

Here’s the expert disclosure form:

more
https://legalinsurrection.com/2021/04/live-chauvin-trial-day-14-defense-calls-more-medical-experts-as-trial-nears-end/#more-350646

[Hoodat]

Defense rests in Chauvin murder trial
https://thehill.com/homenews/state-watch/548430-defense-rests-in-chauvin-murder-trial

A mistake.  There are two things they needed to do:

1)  Put on a good performance for the jury asking for (and being denied) immunity for the drug dealer's testimony

2)  Bringing in a narcotics expert to testify on the intricacies of overdose deaths as it relates to breathing

[DefiantMassRINO]

Chauvin's failure to render aid after Floyd went uncouncious is the biggest challenge for the defense.

[Cyber Liberty]

Chauvin's failure to render aid after Floyd went uncouncious is the biggest challenge for the defense.

Rendering aid might have been easier without the screaming crowd encircling the Police.

[mystery-ak]

BREAKING: Prosecutorial Error With State's Last Witness Creates Grounds for Possible Mistrial in Chauvin Trial

Earlier today, the defense rested in the murder trial of former Minneapolis Police Officer Derek Chauvin, charged in connection with the in-custody death of George Floyd.

Chauvin waived his right to testify on his own behalf, asserting his Fifth Amendment right to remain silent during the course of the trial.  That was not a surprising development.

But what came next was quite surprising, and potentially a critical moment in the case for the prosecution.

The prosecution advised the Court that it would have one rebuttal witness.  A rebuttal witness can be called to present testimony in response to evidence heard for the first time during the defense case.  As is very common, the rebuttal testimony would come from one expert witness who previously testified, Dr. Martin Tobin, and the testimony would be in response to testimony given by a defense expert.

But the surprising part of the prosecution’s announcement was that it intended to have Dr. Tobin testify about newly discovered evidence — a Hennepin County Medical Examiner report on the level of carbon monoxide (CO) in the blood gas testing of arterial blood drawn from Floyd at the hospital.

more
https://redstate.com/shipwreckedcrew/2021/04/15/breaking-prosecutorial-error-with-states-last-witness-creates-grounds-for-possible-mistrial-in-chauvin-trial-n361633

[Cyber Liberty]

BREAKING: Prosecutorial Error With State's Last Witness Creates Grounds for Possible Mistrial in Chauvin Trial

Earlier today, the defense rested in the murder trial of former Minneapolis Police Officer Derek Chauvin, charged in connection with the in-custody death of George Floyd.

Chauvin waived his right to testify on his own behalf, asserting his Fifth Amendment right to remain silent during the course of the trial.  That was not a surprising development.

But what came next was quite surprising, and potentially a critical moment in the case for the prosecution.

The prosecution advised the Court that it would have one rebuttal witness.  A rebuttal witness can be called to present testimony in response to evidence heard for the first time during the defense case.  As is very common, the rebuttal testimony would come from one expert witness who previously testified, Dr. Martin Tobin, and the testimony would be in response to testimony given by a defense expert.

But the surprising part of the prosecution’s announcement was that it intended to have Dr. Tobin testify about newly discovered evidence — a Hennepin County Medical Examiner report on the level of carbon monoxide (CO) in the blood gas testing of arterial blood drawn from Floyd at the hospital.

more
https://redstate.com/shipwreckedcrew/2021/04/15/breaking-prosecutorial-error-with-states-last-witness-creates-grounds-for-possible-mistrial-in-chauvin-trial-n361633

There is no way this crooked trial Judge is going to declare a mistrial on a technicality.  Not with his favorite mob waiting just outside the Courthouse armed with Molotov Cocktails.

[Smokin Joe]

There is no way this crooked trial Judge is going to declare a mistrial on a technicality.  Not with his favorite mob waiting just outside the Courthouse armed with Molotov Cocktails.

While I believe you are correct, this is a decided flaw in the trial, and will give opportunity for appeal. Move that down the road a bit, and it may happen that Chauvin is eventually released. Currently, the usual suspects have a new face to riot over, and it is likely that there will be others.

[Cyber Liberty]

While I believe you are correct, this is a decided flaw in the trial, and will give opportunity for appeal. Move that down the road a bit, and it may happen that Chauvin is eventually released. Currently, the usual suspects have a new face to riot over, and it is likely that there will be others.

The nail in the mistrial coffin would be if the Persecutors were to mention in their Closing that Chauvin pleaded the 5th.

[Hoodat]

There is no way this crooked trial Judge is going to declare a mistrial on a technicality.  Not with his favorite mob waiting just outside the Courthouse armed with Molotov Cocktails.

 It was the defense attorney that saved it from mistrial. Had he kept his mouth shut and let the prosecutor blabber on, he would have gotten his mistrial. But the defense attorney interrupted the prosecutor just before he said something the judge had warned him not to say.  Clearly, the defense attorney believes he has a winning case. But I am not so sure.  I would have let the prosecutor make his unforced error and then use that on appeal if no mistrial was given.

[Hoodat]

But the surprising part of the prosecution’s announcement was that it intended to have Dr. Tobin testify about newly discovered evidence — a Hennepin County Medical Examiner report on the level of carbon monoxide (CO) in the blood gas testing of arterial blood drawn from Floyd at the hospital.

The fact that the prosecution had in its possession CO evidence is definitely grounds for appeal, especially after their cross examination of Dr. Fowler here:


http://vimeo.com/536978166

The prosecutor had tried to discredit the defense witness testimony about CO poisoning by asking him if he had evidence.  The witness pointed out that he was denied that evidence because the State had claimed not to have collected it.  It turns out that the State did have that evidence in their possession the whole time.

[Smokin Joe]

The fact that the prosecution had in its possession CO evidence is definitely grounds for appeal, especially after their cross examination of Dr. Fowler here:


http://vimeo.com/536978166

The prosecutor had tried to discredit the defense witness testimony about CO poisoning by asking him if he had evidence.  The witness pointed out that he was denied that evidence because the State had claimed not to have collected it.  It turns out that the State did have that evidence in their possession the whole time.

Yep. The prosecution was not forthcoming in Discovery, and arguably had not been during the rest of the trial, dumping bits here and there on the defense.

Considering Mr. Floyd's exposure to CO was limited in duration and intensity (Chauvin did not succumb to CO poisoning, iirc, and was not much farther from that same exhaust), I really think this is a weak angle for the prosecution to take.

Carbon Monoxide is an odorless and colorless gas, and no one has the ability to analyze the presence or concentration thereof in the air unless and until the effects are noted without specialized equipment, something outside Officer Chauvin's area of expertise.

That's why we have CO monitors in our houses and elsewhere where the gas might accumulate, to alert us to the presence and levels of the gas.

[Bigun]

Yep. The prosecution was not forthcoming in Discovery, and arguably had not been during the rest of the trial, dumping bits here and there on the defense.

Considering Mr. Floyd's exposure to CO was limited in duration and intensity (Chauvin did not succumb to CO poisoning, iirc, and was not much farther from that same exhaust), I really think this is a weak angle for the prosecution to take.

Carbon Monoxide is an odorless and colorless gas, and no one has the ability to analyze the presence or concentration thereof in the air unless and until the effects are noted without specialized equipment, something outside Officer Chauvin's area of expertise.

That's why we have CO monitors in our houses and elsewhere where the gas might accumulate, to alert us to the presence and levels of the gas.

Falsus in uno, falsus in omnibus

[sneakypete]

Falsus in uno, falsus in omnibus

@Bigun

Inna Godda Da Vita.

[Bigun]

https://www.youtube.com/watch?v=UIVe-rZBcm4

@sneakypete

[Hoodat]

Yep. The prosecution was not forthcoming in Discovery, and arguably had not been during the rest of the trial, dumping bits here and there on the defense.

Considering Mr. Floyd's exposure to CO was limited in duration and intensity (Chauvin did not succumb to CO poisoning, iirc, and was not much farther from that same exhaust), I really think this is a weak angle for the prosecution to take.

Carbon Monoxide is an odorless and colorless gas, and no one has the ability to analyze the presence or concentration thereof in the air unless and until the effects are noted without specialized equipment, something outside Officer Chauvin's area of expertise.

That's why we have CO monitors in our houses and elsewhere where the gas might accumulate, to alert us to the presence and levels of the gas.

The presence of CO in Floyd's system would cause his breathing to slow, which directly contradicts the unsubstantiated 'short and rapid breathing' narrative created by the prosecution.

[Hoodat]

Falsus in uno, falsus in omnibus

Excrementis bovis ingreditur.  Excrementis bovis exit.