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The Scriptorium

Defense strategy in Chauvin murder trial emerges by end of first week

By carolyn | 10:54 PM EDT, Sat April 03, 2021
 

By Carolyn Yeager

ON DAY FOUR, I thought I saw the defense strategy revealing itself, and on day five it was very clear to me. It's exactly as attorney Eric Nelson told the jury in his opening statement—that the law will instruct them to find the defendant “not guilty” if they have “reasonable doubt” that his actions were a culpable contributing factor in George Floyd's death. 

That is, each juror must be convinced “beyond a reasonable doubt” that the treatment of Floyd by Chauvin was a substantial cause of unnecessary death, over and above other medical causes that will be testified to by medical 'experts' later in the trial. “Reasonable doubt” is the key concept here, and what might save Derek Chauvin … if anything can.

Nelson will argue that then-Officer Derek Chauvin was following the procedures and practices he learned in his police training when called onto the scene to backup arresting offices Thomas Lane and Alexander Kueng. Chauvin was the senior officer of the four policemen who were now present, with the other three, including his partner Tou Thao, all being relative newbies on the force who quickly deferred to him. In fact, the two officers Lane and Kueng were assigned to the Park Police, not the regular MPD. 

On days three to five, the only witnesses with relevant testimony regarding guilt or innocence of the defendant were the paramedics Bravinder and Smith (Day 4), and Homicide Detective Lieutenant Richard Zimmerman (Day 5). The two paramedics were questioned by another Assistant Attorney General from Minnesota AG Keith Ellison's office, a Miss Erin Eldridge. She comes across to me as even more incompetent than her co-equal, Asst. AG Matthew Frank! Plain to me that Democrat-run states do not mind incompetence and prefer the worst over the best.

Seth Bravender testified that the time it took the medics to arrive on the scene was about 6 minutes, although I would like for that to be more definitely established. He said they received a Code 2 call first (non-emergency medical call), with the change to code 3 (emergency medical call with lights and sirens) coming about a minute and a half later. I'm not clear if the 6 minutes is before or after the Code 3 went into effect, but I'm thinking it's after. No one, however, mentioned that this was an inordinately long time. Code 2 was first sent because of Floyd's bloody nose, but after realizing Floyd was in greater distress than was at first apparent, the officers changed it to Code 3. That seems responsible enough.

On cross examination, Nelson established that Bravender had told earlier investigators that when he arrived at the scene he observed that Floyd was lying on his left side. [According to Lieutenant Zimmerman, that is the correct position.]

Lt. Zimmerman was the most senior MPD investigator who arrived at the scene late on May 25, until he handed the entire case over to the state Bureau of Criminal Apprehension (BCA) around 10 p.m or so. At that point all further investigation was completely out of the hands of the Minneapolis Police Dept. When George Floyd died while in police custody, it moved into the category of a “critical incident” in which “use of force” becomes the focus of the investigation. Lt. Zimmerman testified he was clearly of the opinion that the force used by officer Chauvin, keeping his knee on Floyd's neck while he was lying on his stomach for 9 minutes, was excessive force. Effective cross examination by Nelson brought out contradictions in Zimmerman's testimony in that he agreed to both sides of a few questions, seemingly through lack of thorough knowledge of this case.

 

Prosecution

The strategy of the prosecution (comprising the city and police department) has been clear from the beginning: to offer up a scapegoat on which the angry black community can vent its frustration and hopefully defuse much of their anger. And along with this, we'll have to accept the eternal “hero-status” and martrydom of a petty, long-time criminal and all-round low-life named George Floyd. This is unacceptable to many people, of whom I am one. We already have Martin Luther King; now we'd have to add innumerable tributes and monuments to George Floyd?

I just can't see it.

I still believe it's possible a big WAKE-UP could effect and influence this trial, mainly because I do think we are in the midst of a “Great Awakening” generally for millions in this year 2021. Just look at what's been happening, and doesn't stop either but one outrage after another continues to pile up. Those who say it's 'the same thing repeating itself' are wrong because nothing repeats itself. We're always in a new “Now.” For that reason I'm hopeful, and looking forward to what next week will bring. There are bound to be a few surprises. Pray for Eric Nelson.

Derek Chauvin trial
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Race
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Fox News failure

carolyn

4 years 11 months ago
Permalink
New

I want to emphasize once again that Fox News management is entirely on the side of the prosecution in this case. Among the Fox show hosts, the most liberal and least accurate of them appear on the weekend, and they don't hide what they think/feel. They emphasize the emotional impact of that single 9-10 minute video filmed by a black teen female bystander (who has hired a PR person to represent her, btw, since she "shot to fame"). They also emphasize the emotional impact on the jury of the testimony of those bystanders, who were mostly black. How do they, who are not in the courtroom, know what the jurors are thinking? They don't. It's all a master narrative being fed to the public to pump them up for expecting a guilty verdict.

That's why the prosecution uses any excuse to replay that video or parts of it during testimony.

The media, all media, feeds off emotion -- the more emotional the vibes, the more clicks and TV viewership, it seems. When commenting themselves, these weekend show hosts play up emotion almost entirely and, I guess, the general public responds to it. The death of one black man by a white man can take up pages and hours of coverage, while the death of twenty or 100 blacks by other blacks can be ignored. That's why 'justice' must be decided in the courts, not in the media. That's also why this trial IS a defining moment in our nation's history.

What about all the stories of

Powell

4 years 11 months ago
Permalink
New

What about all the stories of Whites killed by blacks(often in the most horrible ways) that the national media completely ignores?  This continued covering up of reality has many blacks(and many white fools) believing the opposite of reality is true.

In reply to Fox News failure by carolyn

Positive vs negative energy

carolyn

4 years 11 months ago
Permalink
New

When I wrote "Pray for Eric Nelson," my meaning is "Send positive energy to Eric Nelson."

Those who consistently argue that defeat is inevitable are doing damage to what they SAY they want. One aspect of the psychology of this is that in order to avoid being disappointed or looking gullible, they will embrace loss from the beginning. These are the sickos or dummies among us.

All men and women of accomplishment know that an expectation of success is important in realizing success. Rather than expect the outcome you don't want, the intelligent person recognizes that it's more helpful to envision the outcome you want. The reason for this is that energy is real; directed thought can be more real, ie. influential, than physical actions. One way this is sometimes phrased is "Keep the faith."

I agree that the media and

Damian M Smith

4 years 11 months ago
Permalink
New

I agree that the media and the leftist power configuration want to create an expectation of guilt but an acquittal or even mistrial is far more to their advantage. It feeds their narrative that America is so intrinsically racist that it has become a tear-down job. The entire case falls apart as soon as you read the autopsy. Charges never should have been brought. A conviction, which must be unanimous, is very difficult here. A hung jury is very possible.

Yes, the "experts" who

AJ

4 years 10 months ago
Permalink
New

Yes, the "experts" who explain why it's all hopeless are worthless despite all they know.

This quote is buried in the b.s.:

"In Minneapolis, kneeling on a suspect’s neck is allowed under the department’s use-of-force policy for officers who have received training in how to compress a neck without applying direct pressure to the airway. It is considered a “non-deadly force option,” according to the department’s policy handbook."

https://minnesota.cbslocal.com/2020/05/26/i-cant-even-describe-it-use-o…

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