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.

1. Training

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.

28 COMMENTS

    • The superiors are almost all black/afro-American, which means that nothing will fall on them. If something were to fall on them, it would be racist.

      The officers followed department training guidelines for the most part. As I’ve mentioned elsewhere on this blog, it’s an involuntary manslaughter case and the officers might serve a year if that…if convicted.

  1. I am no Einstein, but even I know you cannot place weight on a persons neck without causing issues. Because he wears the uniform, he should have known regardless of what documented training. And I am sure he underwent training in “authorized” and “unauthorized” holds. Can’t think that a knee on the neck is authorized.

    • It’s a martial arts move, and while I don’t know the department policy, I will suggest to you that it may have been taught.

      The officers had a duty to care for Floyd and they failed in that duty. Because his heart failed and he died because of what they did, they will have to pay up.

      It sounds callus for me to put it in those terms, but reading the tea leaves on this one isn’t that difficult. They’ll never get the officers to trial because there isn’t anywhere that they could get a fair trial by people who hadn’t already made up their mind on this. Eventually it might end in a writ of habeus corpus because they can only hold the officers so long before they need to try the case or release them. None of the autopsies found damage to Floyd’s neck. No compressed bones, no severed spinal column. But they sat on him, he couldn’t breathe and he died.

      What the officers did was criminal. Proving it in court is going to be a challenge, particularly if the uber racist AG is the trial attorney.

        • Maybe he will do that very thing…find allah in prison? Explain to the powers that be that he’s a changed man, pick a new name like Ali Mohammed.

          Or he could also self-identify as female and change his race as well, because that’s also very progressive.

  2. Something stinks in Minneapolis; the timing is suspicious, Chauvin had priors yet never prosecuted, the other officers stood and watched, the fast mobilization of the anarchists across American [Dem] cities, and the Mayor’s stand down order while offering aid to the thugs and thieves.

    Color me skeptical this is truly what it appears…someone is shaking the 2L soda bottle and no one on the Left will like the result once the cap is removed. As much as I like Spring and Summer, I want to get to November now.

  3. Floyd served 5 years for robbing a pregnant woman at gunpoint and beating her with his gun. And the nation’s supposed to go into a paroxysm of mourning for this plaster saint?

    I say this as an honory RTK.

  4. won’t it come down to money? Will he, or the police union, have the money to hire someone like you to independently research the whole stinking basket of fish?

    One thing is certain; full employment for some lawyers.

    • Yes, the defense will hire somebody like me. And because of that, the case will be hung up even if it ever goes to trial, and I doubt that it will.

  5. Remember the Rodney King riots? They were about an acquittal, not a conviction.
    My prediction- they will overcharge, deliberately, select a jury they know will acquit, and use it as a opportunity to fan the flames.
    This is theater, not law. Completely under the control of the left- what we see will be a play, designed for a purpose.

    • I don’t think that this matter could go to a jury in America. Too much media, too much hype, too much prejudice. But you’re right, it’s all theater, orchestrated by enemies of the United States.

    • Hopefully AG Barr will take over the investigation, like AG Holder did during so many incidents during the reign of the Worst President Ever.

      Otherwise, well, the officer will get some version of the death penalty. For following procedures. (see my comments below.)

  6. Seriously, will the incompetents who allowed this office to remain on the force also be prosecuted or at least fired?

    This is the perfect example of a government entity being completely out of control and worse of their complete oblivious ignorance of a situation they could have prevented.

    • No. The command staff of the department is mostly black. There will be no recriminations for to do so would be racist.

  7. Well, the country is finally beginning to loosen the clampdown. If the Bad Actors To Be Named Later were going to take advantage of the built up Stir Crazy, they had to act now.

    -Kle.

  8. George Floyd was never what the looting, plundering, and burning were all about. George Floyd was simply the trigger for a per-arranged national riot. There four were simply willing dupes, willing to be used by greater forces, to try to overturn the US government. Yes, it is obvious that what the cops did was wrong, but for some of the evil folks pulling the strings, the life of one black man and the possible incarceration of four cops is simply to small a thing to care about.

    • The failure of the prosecution will lead to further justification to loot, etc. Not that they need justification, it’s just something for the mainstream media to hang it on.

  9. The knee restraint method? It’s part of the Minneapolis PD playbook, like it is in most police agencies and is taught by several disciplines of self defense as a hands-free restraint.

    Run down of policy here: http://street-pharmacy.blogspot.com/2020/06/minneapolis-neck-restraint-policy.html

    The officers involved used all restraint in order to take ‘Poor’ George Floyd down and place him in handcuffs and then in a police car.

    It was Mr. Floyd’s responsibility to not resist, but to go quietly. He did not. He died of heart issues during the take down process.

    Was it the officers’ fault that George died? No. No it was not. Was it Officer Chauvin’s fault for using a restraint he was taught to do? No. No it was not.

    The only fault on any of the officers was not checking on him after he became quiet. But by that time it was too late, Floyd’s heart had already croaked, taking the rest of the body with it.

    Now…

    Where was the rush to fire and prosecute Mohamed Noor in the obvious murder of Justine Damond? Where was the rush to fire and prosecute Noor’s partner for attempting to cover up what happened? Where was the rush to fire and prosecute Noor’s superior who knew he hated white people, was unbalanced, should never have been given a badge?

    And why did it take almost 2 years for justice to finally be served for a measly 12 year prison sentence for homicide by cop?

    If Noor had been fired and arrested within 48 hours, what would have happened to Minneapolis? If you’re saying, “Rioting, looting, arson and assault,” you are right.

    Now, what if Noor was white and Damond was black (innocent or in commission of a crime?) Rioting, looting, arson, assault, calls for officer to be fired and arrested before any of the facts are released to the public.

    This whole thing, it isn’t about policing in Minneapolis. It is an attempt to force a revolt and assault against the lawful government of the United States. That’s it in a nutshell.

  10. Comment from a Minnesotan that lives over fifty miles from that blue hell.
    Minneapolis police have always been problematic. They were paying out $14 million dollars a year in force complaints at one time. They shot an undercover cop with a full automatic MP-5, and refused to accept responsibility. He fely abandoned and committed suicide. The gang strike force was so corrupt, they shut it down. The officers destroyed all the records and evidence to cover up crimes, including theft.

    It took Hennepin County Attorney Mike Freeman over eight months to charge Officer Noor. Part of it was obstruction and outright lies by MPD and the Minnesota Bureau of Criminal Apprehension (BCA). It drove Freeman to full blown alcoholism. He is now a recovering alcoholic.

    MN AG Keith Ellison has already increased the charges to Second Degree Murder, and charged the other three with second degree charges for supporting Chauvin. Overcharging? I expect they will have to move the trial to Saint Cloud or Rochester. My personal bet is the three get not guilty verdicts, and Chauvin gets a hung jury or a not guilty verdict. Except he is guilty of causing the death.

    On the death: My personal opinion is Chauvin was ticked off when Floyd would not get in the squad car. They put him on the ground and Chauvin was going to grind his face into the pavement to get some street justice. Listen to the audio on the ten minute video. Floyd was dead when the EMTs flopped him on the stretcher at the end of the video. Although It may have been the knee of the middle officer in the lower back of George Floyd that caused the difficulty breathing, not the knee on the neck?

    Now they say George Floyd had COVID-19. Maybe they will blame Chinese Coronavirus for killing Floyd? /sarc

    • MN AG Keith Ellison has already increased the charges to Second Degree Murder, and charged the other three with second degree charges for supporting Chauvin. Overcharging? I expect they will have to move the trial to Saint Cloud or Rochester. My personal bet is the three get not guilty verdicts, and Chauvin gets a hung jury or a not guilty verdict. Except he is guilty of causing the death.

      They have to impanel a jury first. It won’t be a Minnesota jury. I don’t know where they will change the venue to.

      Historically, going back 3000 years at least, overwhelming force has been the only way to quell a riot. What worked in Rome still works…literally.

      • 1. These are state charges, they need to be tried in Minnesota. Remember the Defense can ask for a change of venue, but not the prosecution. (That is why no one spying on PDT will ever be convicted if the trial is in or near DC.)

        2. Overwhelming force? Please See my comment in “Let It Burn” above. I have concluded the Democrats are purposefully destroying their cities. They should have seen the success in Minneapolis Minnesota no later than Monday morning, and made plans to copy the model. They could have touted Governor Walz, and had a great replacement this Summer for Senile Joe Biden. Walz literally imitates old line Democrats like Hubert and Scoop. Too bad he is a straight white male.

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