Derek Chauvin trial begins today

The Defense is trying to get us to believe that the knee was really on his shoulder blade--camera angle, you know. A prosecution witness testified that wouldn't matter, because either way Chauvin would be obstructing respiration.

 

I heard that same testimony and I concur with the prosecution witness

 

It seems that the Defense is preparing to introduce a videotape of Floyd during a previous arrest in which he swallowed drugs to avoid having them in his possession. The argument will go that that's what he did in this case, and the drugs, rather than Chauvin's knee, caused his death. A lot may hinge on whether the drugs in Floyd's system were capable of causing asphyxiation on their own, and whether or not the knee on the neck was at least a substantial factor bringing about the death. Under the theory of independent sufficient cause, both perpetrators can be held to be legally responsible for the outcome under Minnesota law. Anderson v. Minneapolis, St: P. & S. St. R.R. Co., 146 Minn. 430,

 

A number of experts have testified, and now this...Expert: Chauvin kept knee on neck 3 minutes after Floyd's last breath - StarTribune.com

 

And what a witness he was! Credentials out the wazoo, wrote the book on breathing, and very engaging, even leading the jury in audience participation. Several things in particular stuck in my mind: Floyd's fist and knuckles indicating that his other resources for breathing had run out and he was essentially breathing with his fist and knuckles; Chauvin's boot had left the ground so that his full weight and gear were on Floyd's neck, and most dramatically, the moment of death was pinpointed; the fact that weight was shifted from neck to shoulder was irrelevant to his ability to breathe: and fentanyl could not account for the death because of the respiratory rate. He held up well under cross-exam, and on redirect, the prosecution was able to get him to confirm that even though physical and biological conditions change by the nanosecond, Chauvin's knee on Floyd didn't seem to change by even a nanosecond. . And now we have a toxicologist testifying about the effects of fentanyl.

 

Based on this evidence alone, Chauvin is toast !!!

 

Chief Medical Examiner, Dr Baker, who handled Floyd's autopsy testified today, and believes that a history of heart problems contributed to Floyd's death today, but the main cause of death was due to neck compression and body restraint.

Heart disease, fentanyl contributed to George Floyd's death but were not main cause, medical examiner says - CNN

The defense struggled this week in cross examinations, for sure.

 

And the law is that it's the immediate or proximate cause, not contributing factors, that's the important thing. Even Dr. Baker was clear that the police were the immediate cause of what he characterized as a homicide.

 

Will Derek Chauvin testify? It may seem like a bad idea, but it looks like they might have nothing to lose. Chauvin could claim he felt threatened and misjudged the situation, causing him to accidentally kill Floyd. He could express remorse, giving him a human face. If he works it right he can get convicted of just manslaughter, which appears to be the best he can hope for.

 

Oh, I know...I posted that above, that Dr Baker believed that the main cause of death was due to the force used on him by Chauvin and the others. That brings me to a question - what will happen to the other police officers who assisted Chauvin?

 

I'm not sure anyone will sympathize with him, but I've read that when defense attorneys feel they're losing a case, they'll have the defendant take the stand.

 

The defense still has to present it's case.

They'll likely determine whether chauvin takes the stand based on the strength of the defense witnesses.

 

But who are the defense witnesses, besides the other cops who were there?

 

That would be a desperate move--a Hail Mary pass! Not only does his demeanor on the tapes and in the courtroom suggest that he'll come across as cold blooded, but taking the stand will open the door for the jury to hear about his 19 prior misconduct complaints.

 

True! I believe they’re allowing only two of the incidents in by the prosecution but I also heard that the judge is allowing a prior stop by police from Floyd’s past whereby he swallowed drugs. It’s almost like Floyd is on trial, to be honest.

 

We'll see. One thing the defense apparently plans to do is to show a video of a prior arrest in which George Floyd swallowed pills to dispose of the evidence. I'm sure drugs and the dangers of fentayl and meth in combination will feature prominently, in hopes that the jury will forget the past two days of testimony that they weren't the main cause of death or Then there's that guy who was in the car with him at the time Chauvin and the other cops showed up. He says he'll plead the Fifth, so it seems unlikely they'd get much from him unless he is granted immunity.

 

Exactly!

 

That is the plan...

 

There will no doubt be a series of experts that will contradict the finding of the state witnesses.

For instance was there an independent autopsy? etc.....