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Judge Peter Cahill on Thursday granted prosecutors' motion to reinstate the third-degree murder charge, which would require a lower standard of proof than second-degree. In order to convict Chauvin of second-degree murder, prosecutors would need to prove beyond a reasonable doubt that Chauvin caused Floyd's death while committing or attempting to commit a related felony, in this case third-degree assault.
To win a conviction on third-degree murder, prosecutors would need to prove that Chauvin caused Floyd's death in an act that is "eminently dangerous" to others.
Judge reinstates third-degree murder charge against Derek Chauvin in death of George Floyd
Sorry if this is a silly question but do we know if the defendant will testify?
BBM, That is so misunderstood by lay people that they think it is a heart attack. Which it is in a way , but one brought on my external influences, in this case lack of oxygen to the cardiac system and therefore the brain.The medical findings at the heart of Derek Chauvin's defense strategy
March 30, 2021, 5:30 AM EDT
The Hennepin County medical examiner who performed the autopsy, Dr. Andrew Baker, ruled that the cause of death was "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression." "Cardiopulmonary arrest," in layman's terms, means "the heart stopped. The pressure being applied to Floyd's neck and the pressure being applied to his torso, in combination, impeded his oxygenated blood flow, which resulted in his heart stopping....Regarding the torso, if pressure is being applied, it can make it difficult to draw enough oxygen into the lungs to allow for the oxygenation of the blood in the first instance. Therefore, the combination of these applications of force and restraint caused Floyd's heart to stop....
Chauvin's lead defense attorney, Eric Nelson, said Floyd displayed "none of the telltale signs of asphyxiation." There was "no evidence that Mr. Floyd's airflow was restricted," he claimed.
What George Floyd's autopsy results reveal?
The office also listed heart disease and hypertension under Floyd's “other significant conditions.” It also stated that the father-of-one had fentanyl and methamphetamine in his system, as well as being positive for SARS-CoV-2, the virus that causes coronavirus. However, those factors were not listed under cause of death.
Sorry if this is a silly question but do we know if the defendant will testify?
Certainly not a silly question at all...I have not given that much consideration assuming he will not...but often that is a decision made as the trial progresses. Even if defense intends that he testified they would not promise the jury that because if something happens and it is not the best move the jury will remember that and I think often hold it against the defendant so we will see.Sorry if this is a silly question but do we know if the defendant will testify?
I guess Nelson could define success with a hung jury or manslaughter...which is better than the 3rd degree that his client was willing to take in the first weeks after the event.I’m going to predict that there’s very little chance of Chauvin testifying. What could he possibly say to explain the circle of 9 minutes and 29 seconds? What?? What could he say to explain why he ignored all of George Floyd’s pleas? What could he say to the question - “you took an oath to protect and serve, right?” “Did you mean it?” There is no justification for what he did!
I know it’s Nelson’s job to create reasonable doubt. And I think his only hope is a hung jury on all counts but at least on the murder charges. He has to at least be expecting a guilty verdict on the manslaughter charge.
That's exactly what it looked like, since Floyd had no pulse, was completely lifeless, and Chauvin kept up the pressure on his neck for about 2 or 3 more minutes, after he appeared to be dead. Then they just flopped his lifeless body onto the stretcher and took him away. Apparently they only told EMT that he had a "medical event." I wonder if they had said he didn't have a pulse, if EMT would have worked on him at the scene. I always thought they tried to stabilize patients right at the scene before loading them into the ambulance.BBM, That is so misunderstood by lay people that they think it is a heart attack. Which it is in a way , but one brought on my external influences, in this case lack of oxygen to the cardiac system and therefore the brain.
That's exactly what it looked like, since Floyd had no pulse, was completely lifeless, and Chauvin kept up the pressure on his neck for about 2 or 3 more minutes, after he appeared to be dead. Then they just flopped his lifeless body onto the stretcher and took him away. Apparently they only told EMT that he had a "medical event." I wonder if they had said he didn't have a pulse, if EMT would have worked on him at the scene. I always thought they tried to stabilize patients right at the scene before loading them into the ambulance.
Yes, I remember that. Lane knew Floyd had lost consciousness about 3 minutes before they stopped restraining him, and that he had no pulse for the last minute and a half, just before the ambulance arrived.I posted a link earlier that said that Lane performed CPR on George in the ambulance. I wonder what that was about. The EMTs didn't perform the CPR?
Perhaps they were doing some other measures in trying to resucitate George. Shocking his heart, maybe, trying to get it to restart? Or perhaps there is something else they do for a compression injury.
Chauvin removes his knee when medical personnel arrive, but chest compressions do not begin until a worker instructs Lane to perform CPR on Floyd in the back of the ambulance.
New George Floyd video show medics waiting three minutes before performing chest compressions
Lane joined emergency responders in the ambulance and began performing CPR on Floyd at the request of emergency personnel, but Floyd was pronounced dead at the hospital that evening.
https://www.smh.com.au/world/north-...op-in-george-floyd-death-20200812-p55ku8.html[/QUO