George Floyd death / Derek Chauvin trial - Sidebar week 3

[MsBetsy]

If these witness's were subpoenaed what would by an example of a legitimate reason to defy it?

Well, one reason is self incrimination, like we've seen in this case. A second reason might be privilege, when a priest or therapist may not have to reveal confidential records. A personal reason for not having to testify might be when someone is in the hospital re covering from surgery, or dying from cancer. Imo

 

[Deleted member 39678]

Well, one reason is self incrimination, like we've seen in this case. A second reason might be privilege, when a priest or therapist may not have to reveal confidential records. A personal reason for not having to testify might be when someone is in the hospital re covering from surgery, or dying from cancer. Imo

Thanks. So it's very limited. They would still obey the subpoena and invoke the privileged in front of the jury? Correct?

 

[MsBetsy]

Thanks. So it's very limited. They would still obey the subpoena and invoke the privileged in front of the jury? Correct?

I would think so. (In some cases I think just the attorney can speak for them) But in this case, even if the officers were critically ill, I think they still would have found a way to testify. Maybe even the medical experts. In fact, Dr. Tobin did not look so good when he was called back on the last day. I hope he was just tired.

 

[Mony Mony]

Well, one reason is self incrimination, like we've seen in this case. A second reason might be privilege, when a priest or therapist may not have to reveal confidential records. A personal reason for not having to testify might be when someone is in the hospital re covering from surgery, or dying from cancer. Imo

I am troubled by the fact that Morries was not put on the stand. I understand he was going to plead the 5th and that is his right and don’t fault him at all for the exercising his right. It came across to me as suppression of evidence by not putting him on the stand. IMO, we should get all the facts, and if the prosecution was so confident their case against DC, they would have granted Morries immunity. That is another seed of doubt planted in my mind.

All IMO.

 

[missy1974]

If these witness's were subpoenaed what would by an example of a legitimate reason to defy it?

They could plead illness on the day, that's always legitimate, for one.
They could be 'hostile witnesses' responding in monosyllables or incoherently. They could show up drunk or stoned..

to be clear... we were talking about State/City employed witnesses. I don't know of any good reason to defy it. Unless it was going to incriminate themselves, which would be a 5th amendment issue.

 

[missy1974]

I am troubled by the fact that Morries was not put on the stand. I understand he was going to plead the 5th and that is his right and don’t fault him at all for the exercising his right. It came across to me as suppression of evidence by not putting him on the stand. IMO, we should get all the facts, and if the prosecution was so confident their case against DC, they would have granted Morries immunity. That is another seed of doubt planted in my mind.

All IMO.

Appeal issue IMO Nelson made sure he had it all on record.

 

[MsBetsy]

I am troubled by the fact that Morries was not put on the stand. I understand he was going to plead the 5th and that is his right and don’t fault him at all for the exercising his right. It came across to me as suppression of evidence by not putting him on the stand. IMO, we should get all the facts, and if the prosecution was so confident their case against DC, they would have granted Morries immunity. That is another seed of doubt planted in my mind.

All IMO.

Yes, considering all the charges he's facing I don't think he had a choice but to plead the fifth. There's also the issue as to where the counterfit money originated and he could be involved in that.

I also wanted to know what they had been doing that day, but I don't think it matters that much, since the jury already knows he had fentanyl in his system, and I think the defense wanted to focus on the drugs. They can already "infer" that Floyd had consumed drugs earlier in the day, but because Morris couldn't testify to that, it is not solid evidence. Imo

 

[missy1974]

And then there is this... geesh!

Vandals Smear Chauvin Defense Witness’ Former Santa Rosa Home With Pig’s Blood – CBS San Francisco

 

[Mony Mony]

And then there is this... geesh!

Vandals Smear Chauvin Defense Witness’ Former Santa Rosa Home With Pig’s Blood – CBS San Francisco

It’s no wonder people are reluctant to testify in DCs defense.

 

[bluebird69]

And then there is this... geesh!

Vandals Smear Chauvin Defense Witness’ Former Santa Rosa Home With Pig’s Blood – CBS San Francisco

Why am I not surprised! I hope Mr Nelson and his family are protected.

 

[shotgun09]

Why am I not surprised! I hope Mr Nelson and his family are protected.

I do recall Judge Cahill stating something last week, about a conference needed " regarding OUR safety". It was said out of the jury's earshot, but definitely something that he was concerned about. Hopefully, they have that covered well, for all participants in the court.....including the poor jurors. Regardless of the outcome, civil unrest is bound to occur.

 

[bluebird69]

I do recall Judge Cahill stating something last week, about a conference needed " regarding OUR safety". It was said out of the jury's earshot, but definitely something that he was concerned about. Hopefully, they have that covered well, for all participants in the court.....including the poor jurors. Regardless of the outcome, civil unrest is bound to occur.

I assume the jurors are able to enter and exit the building out of sight of the demonstrators/press conferences out front of the building as shown on tv channels. I certainly hope so

 

[tara83]

I assume the jurors are able to enter and exit the building out of sight of the demonstrators/press conferences out front of the building as shown on tv channels. I certainly hope so

I don't see how anyone could find out who the jurors are unless they decide to go public after the trial is over.

 

[turaj]

I am troubled by the fact that Morries was not put on the stand. I understand he was going to plead the 5th and that is his right and don’t fault him at all for the exercising his right. It came across to me as suppression of evidence by not putting him on the stand. IMO, we should get all the facts, and if the prosecution was so confident their case against DC, they would have granted Morries immunity. That is another seed of doubt planted in my mind.

All IMO.

Why quash the supoenna? I would think it could have been impactful for him to get up in front of the jury and plead the fifth. I did not agree with that.

 

[turaj]

I don't see how anyone could find out who the jurors are unless they decide to go public after the trial is over.

At some point (decided by the judge) their names are made public. I think they have to be. I don't agree with this but same in all cases major high profile or just routine cases with jury.

 

[turaj]

I do recall Judge Cahill stating something last week, about a conference needed " regarding OUR safety". It was said out of the jury's earshot, but definitely something that he was concerned about. Hopefully, they have that covered well, for all participants in the court.....including the poor jurors. Regardless of the outcome, civil unrest is bound to occur.

I believe his words were about "security" and I took it just to be building logistics etc. but who knows. I am sure lots is going on behind the scenes. Mr. Nelson is not in an enviable position defending Chauvin no matter what the outcome.

 

[KALI]

I disagree. Anyone can sue anyone for anything. Until there is a trial and evidence and conviction, it means absolutely nothing. Imo.

I'm pretty sure the prosecution did bring it up, because I seem to recall a conversation on here about how much he was being paid. This is just my recollection though.

It is indeed a shame that the jury won't know about the lawsuit. It seems like that would be pertinent information about how much credence to give his testimony, IMO.

 

[KALI]

I'm sure those who plan to riot have been planning for many months. I am very glad our business is not located anywhere near there, or in any major city for that matter.

I do recall Judge Cahill stating something last week, about a conference needed " regarding OUR safety". It was said out of the jury's earshot, but definitely something that he was concerned about. Hopefully, they have that covered well, for all participants in the court.....including the poor jurors. Regardless of the outcome, civil unrest is bound to occur.

 

[bluebird69]

I don't see how anyone could find out who the jurors are unless they decide to go public after the trial is over.

If they are seen/recognised by protesters/demonstrators who are or have been on scene at the same time. I know when I did jury duty here, on leaving the court room,people standing around with lawyers involved gave the jury members including me a good looking over.

 

[turaj]

If they are seen/recognised by protesters/demonstrators who are or have been on scene at the same time. I know when I did jury duty here, on leaving the court room,people standing around with lawyers involved gave the jury members including me a good looking over.

I am confident that there is underground parking in the government center that is being used by these jurors and that will be used until they no longer have to return to the courthouse. But you have 14 people...some of whom were "excited" to get on the jury and they have friends and family that know they are on an extended jury duty so lots of potential leaks. Some may even choose to talk...hard to say. I don't think it will be one of those verdicts where some of the jurors will hold a presser etc. but again I am just guessing. Meanwhile news here reports business after business boarding up...just great!!