I have no idea what the information (charging document) on Officer Derek Chauvin, Minneapolis Police Department, will look like by the time he goes to trial. There will likely be superseding charges for not only Chauvin, but for Officer J. Alexander Keung, Officer Tou Thoa and Officer Thomas Lane, in the matter of the death of George Floyd under circumstances that you are all aware of.
Let’s chat for a minute about major problems that confront the prosecution in this matter.
Were the officers trained to subdue a combative suspect (in this case George Floyd) by ‘sitting or putting weight on’ his back?
I listened to the medical examiner for the family on Fox News. He was talking about what the officers should have known about medicine. Unless there is documented training that explains how the officers should have known about anatomy and medical specifics, that’s moot in trial.
Training and department policy are critical in this situation because if they were doing what they were trained to do, the best the prosecution can hope for is involuntary manslaughter. We’re talking about the criminal case, not the wrongful death case. That’s a civil matter and it is handled separately.
2. The Battle of Medical Experts
The Minnesota medical examiners have apparently come to different (but related) findings than the private medical examiner, hired by Floyd’s family. They will muddy the water and will tend to confuse the jury.
3. Finding an Impartial Jury
How can an impartial jury be impaneled?
4. Over-Charging the Case
If the prosecution over-charges the case, they’ll end up botching it. The political pressure to deliver something on the order of a first degree murder conviction is considerable and the facts don’t fit that charge.