MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 #14 - Chauvin Trial Day 11

[Niner]

Cathy Russon
@cathyrusson
·
16m
#DerekChauvinTrial - COURT IS LIVE. Eric Nelson motion to exclude the testimony of Seth Stoughton, former police officer on use-of-force saying it's cumulative.

link: https://twitter.com/cathyrusson

 

[JerseyGirl]

Schleicher is now discussing “the phenomenon of auditory paranoia.” This goes back to when the defense asked BCA agent Reyerson if George Floyd said “I ate too many drugs.”

Schleicher says their expert has an expertise on the topic on auditory paranoia. Nelson says it’s for the jury to decide what was said. Judge Cahill agrees and says he was surprised that the state didn’t object to Nelson’s question.

Judge Cahill: "I mean I have experience in listening to a lot of body worn cameras, that doesn't make me an expert.”

Judge Cahill says they’ll discuss Morries Hall testimony tomorrow morning.

Nelson says Morries Hall gave an hour long statement to a BCA agent.

Judge Cahill: Did Mr Hall, admit that he had provided those drugs to Mr Floyd.

Nelson: No, he was specifically asked that question by the agents. Did you give him these pills and he said no.

Nelson: …so he [Morries Hall] paints a picture of what was happening before the incident...And as the incident was occurring.

Nelson says the state does not intend to offer Morries Hall immunity for his statements.

https://twitter.com/anavilastra/status/1381612755694854150?s=21

Nelson brings up a prior case in which a witness also invoked their 5th amendment privileges and the state refused immunity. “...what the court permitted was playing the witness's statement in court to the jury…”

Nelson: So in the course of this statement, he makes several incriminating statements, outside of this particular incident. As it pertains to whether he provided Mr. Floyd with the drugs. He denies it.

Nelson: I think that the state has taken the position that Mr. Hall's testimony or his statement was not credible to these investigators. They have the ability to...offer him immunity…if heir position that the Controlled Substances played no part in this case.

https://twitter.com/anavilastra/status/1381614422637084673?s=21

 

[tlcya]

The defense has also argued the crowd of bystanders gathered near the scene distracted and threatened the officers, preventing them from giving care to Floyd and meriting additional force. Derek Chauvin trial live week 3: George Floyd autopsy; final witnesses

I don't think, if I were a juror, this particular strategy would get much traction with me. It is too reminiscent of emotionally abusive tactic that I have seen narcissists use to excuse their behaviors.

That didn't happen.
If it did it wasn't that big a deal.
If it did I didn't mean it to.
If it did you made me do it.
Look what you made me do.

JMO

 

[Cubby]

Is Morries testimony necessary? Nelson is arguing that Morries throwing something away from the vehicle is evidence he gave GF drugs.

How do they know there was not an unknown third party who gave both MH and GF drugs.

There is no way, imo, they can prove MH gave GF the drugs.

 

[Cubby]

The defense has also argued the crowd of bystanders gathered near the scene distracted and threatened the officers, preventing them from giving care to Floyd and meriting additional force. Derek Chauvin trial live week 3: George Floyd autopsy; final witnesses

I don't think, if I were a juror, this particular strategy would get much traction with me. It is too reminiscent of emotionally abusive tactic that I have seen narcissists use to excuse their behaviors.

That didn't happen.
If it did it wasn't that big a deal.
If it did I didn't mean it to.
If it did you made me do it.
Look what you made me do.

JMO

Yes, the gaslighting defense.... smh

Why hasn't DC tried to negotiate a deal after seeing how devastating the evidence is against him?

 

[Katerz]

So, if Hall invokes his 5th.. what does that do for the trial??? mistrial? Because "chauvin is allowed to question any witnesses".. so what happens if he gives his 5th?

 

[Niner]

Paul Blume
@PaulBlume_FOX9
·
1h
And @hayleymiller01
I confirmed w/ multiple sources, #DerekChauvin supporter seat was occupied by a "family friend." Today, we're likely to hear from a #GeorgeFloyd family member on the stand for what's known as spark of life testimony- the emotional, humanizing of the deceased.
Quote Tweet
Hayley Miller
@hayleymiller01
· 1h
Courtroom chair reserved for Chauvin family/ supporter was occupied for the first time on Friday.

Chair for prosecution side has consistently been used by a Floyd family member, etc. twitter.com/PaulBlume_FOX9…

In terms of this morning's #DerekChauvinTrial motions hearing -- the buzz around the courthouse is the defense is objecting to one final expert witness prosecutors want to call. Attorney Eric Nelson arguing it's "cumulative," and there's been enough state expert analysis already.

One other issue I will be looking for this AM. Does Judge Cahill address events of last 24 hours in any way w/ the jury? Poll jurors to know who saw what, whether they have been prejudiced at all by the deadly police shooting & overnight unrest?

BACK ON THE RECORD: Judge Peter Cahill has taken his spot on bench for a motions hearing. As I reported earlier, defense objecting to state expert testimony of Seth Stoughton today. Prosecutors want Stoughton, from Univ of South Carolina, to testify on use of force issues.

atty Eric Nelson arguing Seth Stoughton use-of-force expert witness testimony would be at least 6th person to talk about these issues. Says "it's cumulative." Prosecutors fighting to save his testimony, contending Stoughton is a nat'l expert & academic on the issue.

Judge rules state expert Seth Stoughton can testify on limited basis regarding national policing standards & related use-of-force violations he found during #GeorgeFloyd deadly arrest. My understanding is Stoughton will likely be final state witness before resting later today.

Judge Cahill has now moved onto potential testimony of #GeorgeFloyd companion Morries Hall. Cahill says he plans to put him on witness stand tomorrow (I assume outside presence of the jury) to see if Hall does indeed plan to invoke his 5th A privilege & not answer atty questions.

Defense atty Nelson tells Judge Cahill the state doesn't intend to offer Morries Hall any immunity in the case. Hall spoke to investigators, denying he gave #GeorgeFloyd drugs on day of Floyd's death. Seems Nelson wants state to offer some level of immunity to get Hall on stand.

link: https://twitter.com/PaulBlume_FOX9

 

[JerseyGirl]

Judge Cahill: So you're saying that his lawyer who was advising him at the time of his statement advised his client to give a statement that was so far contrary to his penal interest that it's admissible…”

Eric Nelson: Well, I mean, to that end, the lawyer was a Texas lawyer, and may not have been familiar with Minnesota third degree homicide statute.

Matthew Frank for the state is now making his argument.

Frank: There's a lot about Mr Hall statement that is self serving and unreliable.

Cahill: For example?

Frank says Hall denies the pills, fled to TX, gave false info at least twice…

https://twitter.com/anavilastra/status/1381615721592020993?s=21

Frank: And, you know, in our proposed questions, [Hall] will have to be asked if he was under the influence of any controlled substances that day because it fundamentally affects his ability to know, remember and relate.

Judge Cahill says he will take it under advisement and will give them an answer at 1 p.m. before they bring the jurors back.

 

[Chelly]

Lawyers and court agreed to call Morries Hall and limit questions and testimony to events that happed in the car.

 

[turaj]

Again Nelson is 100% correct...the officer involved killing of a black man in a close by suburb let to riots all over...this juror needs to be sequestered. Ben Crump, Jesse etc. are all in town and things heating up.

 

[Tippy Lynn]

Yes, the gaslighting defense.... smh

Why hasn't DC tried to negotiate a deal after seeing how devastating the evidence is against him?

The fired Minneapolis police officer who held his knee to GF's neck agreed to plead guilty to third-degree murder days after Floyd's death, but then-Attorney General William Barr rejected the deal.

AG Barr quashed plea deal by fired officer in George Floyd death



Why William Barr Rejected a Plea Deal in the George Floyd Killing

 

[JerseyGirl]

Eric Nelson is asking sequestration of the jury as a result of the Brooklyn Center shooting and overnight unrest.

Nelson: This incident last night, highlights, and I think brings it to the forefront of the jury's mindset that a verdict in this case is going to have consequences.

Nelson asks that the jury be voir dire again to ask if they know about what happened yesterday, if it will impact their decision making process and that they be sequestered.

https://twitter.com/anavilastra/status/1381617491860946944?s=21

 

[turaj]

Nelson also brought up something that has really bothered me so far in this trial . Judge Cahill NEVER gives the usual admonition before lunch and recess about not talking about case...watch media etc. It may seem like not a big deal but apparently they have been discussing this in chambers and judge does not want to do it. I would like to hear his reasons. They will not be sequestered. Too expensive....but so is a mistrial!!

 

[JerseyGirl]

Schleicher opposes sequestration and re voir dire jurors “...world events happen, things continue to happen in the state despite the fact that we're all here in trial…”

https://twitter.com/anavilastra/status/1381617965280399364?s=21

Schleicher: ...if you order the juries to avoid all media, then it's very difficult to avoid all media...years ago it used to mean don't read the newspaper, don't watch TV. It means something different now…

Cahill: I'm going to deny the motion to sequester the jury and for additional voir dire. This is a totally different case...and I realized there's civil unrest and maybe some of the jurors did hear about that.

Cahill: It'd be a different story if it was civil unrest following another verdict when a jury can see what the consequence of a certain verdict might be in a similar case but that's not this case.

Cahill asks the jury to be brought in.

https://twitter.com/anavilastra/status/1381618852258312192?s=21

 

[turaj]

Well Judge Cahill not going for any of what Nelson suggests. This shooting last night is not going away....I think all of this will come back to haunt this judge.

 

[Niner]

Cathy Russon
@cathyrusson
·
5m
#DerekChauvinTrial - NOW: Defense motion to sequester jurors citing the #DaunteWright shooting.

Nelson asks the judge to question jurors about the #DaunteWright coverage and to advise them to avoid all news. Schleicher says avoiding all media would be very difficult and would need to be defined.

Judge Cahill denies defense motion to sequester jury.

link: https://twitter.com/cathyrusson



Paul Blume
@PaulBlume_FOX9
·
8m
HAPPENING NOW: Eric Nelson requesting immediate jury sequestration following yesterday's events in Brooklyn Center. Nelson says one juror is a resident of Brooklyn Center.

Nelson worried about influence of Sunday's deadly police shooting & subsequent unrest might create an emotional response for jury & leave them unwilling to potentially acquit #DerekChauvin. Nelson wants jurors to be questioned abt what they know about Sunday's events.

Prosecutor Steve Schleicher says state opposes jury sequestration. Argues Brooklyn Center is a different case, a different police agency. World events will continue to unfold outside of #DerekChauvin courtroom, Schleicher tells the court. He doesn't want jury questioned on matter

Judge Cahill *denies motions* to sequester the jury & to question them about the Brooklyn Center situation. Cahill: "It's a totally different case." Cahill says his thoughts on sequestration from the outset was to only sequester in the event jurors identities were made public.

link: https://twitter.com/PaulBlume_FOX9

 

[Tippy Lynn]

Nelson also brought up something that has really bothered me so far in this trial . Judge Cahill NEVER gives the usual admonition before lunch and recess about not talking about case...watch media etc. It may seem like not a big deal but apparently they have been discussing this in chambers and judge does not want to do it. I would like to hear his reasons. They will not be sequestered. Too expensive....but so is a mistrial!!

I don't see how the jurors can avoid the GF trial outside of the courts. With all the unrest and coverage it doesn't seem possible to me. jmo

 

[turaj]

I guess I knew maybe one more plus "spark of life" but seems like at least three more maybe more.

 

[tlcya]

Well Judge Cahill not going for any of what Nelson suggests. This shooting last night is not going away....I think all of this will come back to haunt this judge.

I am torn on the sequester issue. Personally, I think they should have been to begin with. But I am not sure if that move should be made now, because of last night's unrest. I see both sides. I think these jurors are in a very unenviable position of hearing this highly charged case. To separate them from families and home at this point in the trial could cause them to become even more focused on wondering and trying to gauge what is going on "out there" in the world while they are tucked away. Thus being a big ole distraction from what they are tasked with.

I guess I am just confused as to why they haven't been sequestered all along and I suspect to do so at this point is like closing the the barn door after all the livestock has wandered away.

 

[missy1974]

Nelson also brought up something that has really bothered me so far in this trial . Judge Cahill NEVER gives the usual admonition before lunch and recess about not talking about case...watch media etc. It may seem like not a big deal but apparently they have been discussing this in chambers and judge does not want to do it. I would like to hear his reasons. They will not be sequestered. Too expensive....but so is a mistrial!!

To me, not giving the instructions does far more harm than giving them. Especially after last night. I don't understand.

He did say they would be sequestered for deliberations.

JMO