Guilty on All accounts, riots and mistrial on appeal coming?

Posted by TheRealBill 3 weeks, 1 day ago to News
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So the jury apparently convicted on all counts, but the judge is already on record as saying that Waters' actions give grounds for a mistrial on appeal.

Some of the interviews there already have people saying it isn't over and they are going to continue being on the streets. Which I am sure is no surprise to any of us here.

For Gulchers versed in the law, what do you think about the likelihood of a successful appeal leading to a declaration of mistrial? It is just gobsmacking to me that the jury wasn't sequestered on day, let alone last week.

As I see it the defense attorneys have the following in support:

1. No jury sequestration in a wildly nationally public and hot case
2. Waters' demands of a guilt of murder or them being "more confrontational" in the streets
3. No jury sequestration when the riots started
4. Possibly the POTUS talking about them needing to reach "the right verdict"
5. Apparently (I've not confirmed) the non-sequestered jurors' personal information was released including their address last Friday or so.
6. The trial in a hot case with this level of violence and uproar around it was held in the very place all of this was going on

Now I admit my knowledge of trial around this kind of thing is decades old, but that sounds like a decent case for a mistrial, with Waters' remarks being perhaps the "final straw" as noted by the judge.

Now, on that, why they hell did he deny the sequester request, any reasonable ideas?

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  • Posted by $ BobCat 3 weeks, 1 day ago
    I think this a travesty and a black stain on the American Judicial System - for the sole reason that the Jurors were allowed to be intimidated. This now sets a precedent for all future court cases - “Give us the verdict we want or we will burn you down”. The blind fold has been removed and the scales tipped.
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  • Posted by $ AJAshinoff 3 weeks ago
    a bullshit verdict by the jury based on fear and intimidation heightened by cat-fish Waters inane drivel. Law is dead. Buy ammo.
    There will be an appeal, the verdict will be overturned and there will be rioting across the country. Again, buy ammo.
    You need not do anything but be white. err, buy ammo.

    If I were a cop in Minn. I'd quit and laugh my ass off watching the blender spin drinking somewhere warm.
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  • Posted by txjoe 3 weeks, 1 day ago
    The "judge" didn't sequester the jury because he WANTED it OPEN AND IN PLAIN VIEW!!!!! This is NOTHING but a DEMONCRAP agenda to FURTHER cause racial divide and to keep THE PEOPLE from looking too close at what they are doing!!! Justice is coming....and it will NOT be anything that they will want to see!!!
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    • Posted by term2 3 weeks ago
      As far as I am concerned, I completely disregard black entitled people. I dont even see them, and wish that I didnt live here anymore, or at least THEY didnt live here anymore
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    • Posted by 25n56il4 3 weeks ago
      Well, most people aren't aware a jury doesn't have to follow the Judge's orders. They can over rule the Judge. I would have suggested they all walk out. A Jury doesn't have to let the public know how each of them voted. Sicko Judge! I've served on 3 Grand Juries in my lifetime.
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  • Posted by $ Abaco 3 weeks ago
    Every day I feel the urge to live way, way out in the middle of nowhere...with my pickup truck, a few guns, and my dog. Those places I've flown over in the northern Midwest with those round fields of alfalfa, long, straight 2-lane roads, and the occasional 1-block Main St....That feels about right.
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  • Posted by $ blarman 3 weeks ago
    There were a few other matters which came up as well. I got these from a legal commentary:

    1) The "prosecutor" wasn't actually a prosecutor at all. He's a civil attorney. In his closing arguments he called the defense a liar at least 20 times which in a criminal case isn't permitted (though apparently in a civil case it is). The defense attorney objected (and was sustained) at least three times and complained to the judge after the jury was dismissed that it constituted misconduct on the part of the prosecution - and the judge agreed and suggested he include it in the appeal.

    2) The jury was never given specific instructions by the judge regarding the charges' definitions. The key one is that for First Degree Murder, the defendant actually must be the cause of the victim's death. Even the coroner testified that Floyd had serious heart rhythm issues AND he had not only three times the lethal dose of Fentanyl in his system but other drugs as well. These are problems that the victim brought with him that Chauvin can not be held responsible for. Asphyxia (lack of breath) was NOT a cause of death, meaning that despite Chauvin kneeling on Floyd's back (it WASN'T his neck and this was confirmed even by a hostile coroner), Chauvin did not cause Floyd's breathing issues.

    3) The jury was never instructed that the prosecution had to specifically prove that the chaos going on around Chauvin was not a mitigating factor. That means that despite Chauvin being surrounded by a hostile crowd, that Floyd was a 240-lb man with a history of criminal behavior and drug addiction, etc. must be shown by the prosecution to be irrelevant to this particular charge. That's a pretty tall order for First Degree Murder, though a lesser charge such as involuntary manslaughter would probably stick.
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  • Posted by term2 3 weeks ago
    1) Anyone presently a cop in minneapolis should immdiately find another career !! In the meantime, unless you want to wind up in jail if something goes wrong, DO NOT APPREHEND ANY BLACK PEOPLE, PERIOD.
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    • Posted by mccannon01 3 weeks ago
      Agree 100%. Unless you are on the force with a cushy desk job protected by the Union with a sweet retirement package close at hand. If you're on the street or dealing with the public, then find something else to do with your life.

      This goes for any Marxist run American city, not just Minneapolis.
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    • Posted by CaptainKirk 3 weeks ago
      Unfortunately, this is EXACTLY what the COMMUNISTS WANT.

      They need ANARCHY to scare everyone to support a future dictator.

      We are damned if we do, and damned if we dont!

      What we need is about 1,200 "Green Arrows" telling people they've failed this country!
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      • Posted by term2 3 weeks ago
        If the cops stop apprehending, lawlessness will rise, and we need to protect OURSELVES until the stupid leftists realize that THEY arent safe snymore. and stop this nonsense
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        • Posted by mccannon01 3 weeks ago
          "...until the stupid leftists realize that THEY aren't safe..." Maybe it's time for the more conservative to take a cue from Mad Maxine Waters and start harassing people of her ilk often and loudly every time they go in public. Dealing with Neo Communists in this fashion can be a dangerous game, though.
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          • Posted by term2 3 weeks ago
            people who deal only in emotion definitely have the upper hand currently. We need rationality and reason to come to reasonable conclusions. All they need is victimization, and emotional hurt to convince the people who only emote. Not sure that we will win until reality comes and bites the leftists in the ass.
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  • Posted by $ Commander 3 weeks ago
    I spent 45 minutes on a call with my former lawyer, who at 81 years is still practicing law, in St Paul.
    If the jurors names were released pre-verdict there is a strong probability of a mistrial, new venue and acquittal on appeal. Possible new venue in North or South Dakota.

    I'll have to fish around for anything on Waters' influence.

    All very speculative at this time.
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    • Posted by 3 weeks ago
      Indeed, quite speculative. I'm searching to try to find something one way or the other on the juror information being released. So far I've not seen anything I would consider strong enough evidence of it.

      I've found this so far: https://www.startribune.com/who-are-t...

      But I'm doubtful that is enough to qualify, though the reported bios are ... lets say "interesting" at the least.
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      • Posted by $ Commander 3 weeks ago
        Considering the "source", this is the same "rag" that, without real objective number crunching in 99 or 2000 published an article on welfare recipients by "race". My friend Bob called his sister, in the Office of the Coroner, and asked if she could get him some real statistics...by proxy. When he ran the numbers against the STrib's publication he came up with 103% of the black population was on welfare. It's the same bias today. How do I know this? I am one year and three weeks removed from living in S. MPLS. I CAN BREATHE!..now.
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  • Posted by $ allosaur 3 weeks ago
    Me dino is a 21-year career retired corrections officer.
    Derek Chauvin will be looking for something to do in a Protective Custody (referred to as "PC") one man cell so black inmates won't do bad things to him.
    He will have access to a law library due to federal law and visits by lawyers.
    Thanks to Mad Max Waters' big mouth, I can guarantee he will appeal. More than likely more than once as the long years crawl by.
    That's how inmates on death row stall executions for 20 or 30 years. Appeal, appeal, appeal. The prison I worked at holds a third of Alabama's death row.
    Just like PC inmates, books from the law library are delivered to their cells and they are provided a list to pick books from and lawyers come to visit them too.
    Chauvin does not have to worry about an execution but he will be thinking up stuff to do.
    Even if just for the hell of it.
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  • Posted by $ Thoritsu 3 weeks ago
    I don't care about this anymore. Let's move on, and stop giving the left this basis for argument. They'll have to fabricate another one.

    Floyd was a human turd; however, he should not have been killed in this circumstance. Police should not behave like this officer did. Police and other government agents should not be indemnified for conscious actions. Perhaps the incompetence of other government agencies can come into the cross hairs now. Police are the least of our worries in terms of consequences.

    Arguably Floyd should have been killed by someone right after he pointed a gun at the woman he made pregnant while pregnant with his child, or various other things he did.
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    • Posted by JohnJMulhall 2 weeks, 6 days ago
      Regretfully the left WILL (and probably already have one) fabricated for the immediate future. Will it take Vigilante Justice? That will be messy and many who sound like mad Maxine will probably receive justice, not kindness.
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      • Posted by $ Thoritsu 2 weeks, 6 days ago
        Not sure I follow you. You mean to take care of people like Geroge Floyd, before they make a mess?
        This is a real problem, since society's natural controls have been "open circuited". Fights in school are not allowed. Inter-family parental correction is not allowed. Society is NOT ALLOWED to control anti-social behavior. That is "culture", and if you oppose it, you are a racist or a neanderthal. Thus, virtually everything must go to court and government to be dealt with, reducing the effectiveness, giving even more power to government, and costing more.

        What is really needed is societies not putting up with people like George Floyd when he is 11 yrs old, not 35.
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        • Posted by JohnJMulhall 2 weeks, 3 days ago
          Amen. I don't remember who sent it to me, but George at 16 in front of Judge Judy was there getting chewed on for knocking a woman down and stealing her car because he was 'cold' on his way home. He ran from the PD and crashed her car and was surprised that the woman wanted him to pay for the damage. Sure wish the public could have this information BEFORE they make him a saint... Oh, yeah... the woman he stole the car from was black... who'da thunk...
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  • Posted by $ Dobrien 2 weeks, 6 days ago
    No sense.
    Biden influences the jury on national TV his election makes no sense. The whole event as important as it is , due to a nationwide riotfest and looting party for months. The George Floyd death and the way it was video is a total enigma. Why kneel on a guy’s neck for 10 mins? Why did the other officers just stand around?
    The opening act made no sense.
    The hero worship of a career criminal, makes no sense.
    The absurdity and liberal privilege of the Dems promoting riots and the crickets 🦗 in the MSM calling them peaceful protests it makes no sense.
    A horrible person , a kakistocrat like Maxine Waters has a voice of influence it makes no sense.
    During the trial the city announces a massive ca$h settlement to Floyd’s family that the non sequestered jury had to
    Know about makes no sense.
    Dr Michael Baden coming in and doing a 2nd Autopsy , it makes no sense.
    Baden is a technocratic tool of the deep state.
    No change of venue , when the venue is a powder keg makes no sense.
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  • Posted by $ Abaco 3 weeks ago
    I predict that a specialized form of "restorative justice" will become the new American norm in our system. This specialized form will, essentially, result in automatic dismissal of charges when certain types of people attack certain other types of people. You can probably figure out the details on that as it's already been applied in the popular attacks on elderly Chinese people. I hope, yet again, that I'm wrong. I want to be wrong on this. But, I'm pretty sure I'm seeing our nation and society slipping back into a darkness that is making MLK roll over and over in his grave. Please...let me be wrong...
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  • Posted by $ rainman0720 3 weeks ago
    I wish there was a DA with enough balls to put out an arrest warrant for Mad Maxine. Charges could range from voter intimidation to inciting a riot to threatening an entire city, and probably a lot in between. Probably wouldn't get them to stick, but damn it would be fun to put this idiot on the stand and force her, under oath and on the record, to explain herself, and to explain why she thinks what Trump said in January is worse than the things she said a few days ago.

    I agree w/Thoritsu; George Floyd was a human turd. But I also believe that Chauvin had other ways to subdue this human turd that wouldn't have resulted in a dead human turd.

    And I believe that not sequestering the jury in a case whose public profile is so high that it undeniably influenced a presidential election should not only result in a mistrial, but it should also get the judge censured and possibly removed from the bench. He himself said in court that Waters' words and actions could well give the defense grounds for a mistrial and new trial.

    Of course, taking my argument to its logical conclusion presents what may be a harder problem to solve than calculating Pi to its last digit: Where in the hell could we find 12 jurors plus alternates for a new trial?
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  • Posted by $ rjim 2 weeks, 6 days ago
    From Mike Huckabee
    First, the basic facts: the jury returned fairly quickly with a verdict of guilty on all three counts: second-degree unintentional murder, third-degree murder, and second-degree manslaughter (I told you I’m not a legal expert so I won’t try to explain how you can be guilty of both intentional and unintentional murder for the same crime.) A guilty verdict was hardly unexpected, given the emotional power of that video of Floyd saying he couldn't breathe, but not necessarily on all counts.

    my comment - think about it.
    He can only be guilty of one of the three changes.
    - If it is manslaughter (absent of malice), he cannot be guilty of murder
    - if he is guilty of unintentional murder, he cannot be guilty of intentional murder or manslaughter
    - if he is guilty of intentional murder, he cannot be guilty of unintentional murder and manslaughter

    from Dictionary
    Manslaughter is a distinct crime and is not considered a lesser degree of murder. The essential distinction between the two offenses is that malice aforethought must be present for murder, whereas it must be absent for manslaughter.
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  • Posted by preimert1 2 weeks, 6 days ago
    I believe it most certainly be appealed for any one or all of the reasons you cited. The verdict will be set aside and a retrial ordered, new verdict TBD.

    However I am concerned about some of the justifications given for use of deadly force by some of the officers under the shield of "qualified immunity". Seems to be a "cop out."
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  • Posted by NealS 2 weeks, 6 days ago
    Sad day in America, another day that will live in infamy. Crime Wins, and Rioters Win !!! But that's not the end of it. What's next?
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  • Posted by JohnJMulhall 3 weeks ago
    Since the usurper and Maxine have mouthed off on this, can we get George Floyd's rap sheet? Sainted by the House Madam, Nancy, and his family given millions by the city (and a 'Go Fund Me' page) I think it only appropriate. It is my understanding he had over 250 arrests, 15 convictions, multiple restraining orders and at least 6 felony charges (that weren't plead down to something lesser). Is that information accurate? I don't know how accurate.
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  • Posted by $ Stormi 3 weeks ago
    This was the poorest excuse for a trial since OJ. Not that this is a faultless cop, he put his rookies in a bad situation. However, Floyd was on his on death mission, multiple arrests, continued drug ODs, he did not need help. Now, they have made him a hero. A law breaking jerk, who once put a knife to a pegnant woman's belly, while pals stole from her house! Some hero. What a bunch of fearful and dumb jurors brougt this about. And since when can they watch Maxine on TV make an, well you know what, of herself to intimidated them?
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  • Posted by Turfprint 3 weeks ago
    Just wait til BLM takes up reparations. Then we will see some real motivation.
    All the state has to do is start buying dissidents at $500,000 per and the problem will go away, for awhile.
    BTW, this is back on front burner:
    Reparations to descendants of slaves is gaining momentum, but could come with a $12 trillion price tag. (chump change)
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    • Posted by mccannon01 3 weeks ago
      You'd give it a whole year? I'd wager ground chuck to be at least $500 a pound (or more) within six months, for example.

      Mogadishu covered in dollars is still Mogadishu. Nothing will really change.

      Side note: I know a rather large US company somehow got convinced to go "woke" before the term was in vogue and gave all "minority" employees a 15% raise just in case they may have been discriminated against during their employment as well as a bunch of other benefits not allowed to white people. The company did go bankrupt and had to file for relief. It's still around but is a shadow of its former self and never will really recover.
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