GUILTY MN - George Floyd, 46, died, Minneapolis, 25 May 2020 #18 - Chauvin Closing & Deliberations #1

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  • #81
  • #82
The car did it!!!!! Lmao!
 
  • #83
you are not required to abandon all notion of common sense.

You are not required to accept that the car killed GF

You are not required to believe it was the bystanders who cause GF's death

You are not required to believe that coincidently GF decided to drop dead of heart disease at that specific moment.

That's not common sense. That's nonsense.
 
  • #84
Thank you! :) I was disappointed by how he started. His cadence is a bit off to me. But he’s gotten better now. Maybe he was just warming up. I like the Clint Rucker type of closing - more conversational, folksy, indignant, but also sharp - did you watch the Tex McIver trial!?
Yes, I know what you mean, it's all about style.
 
  • #85
This may be a stupid question.. but can he be found guilty on all charges or does he have to just be found guilty on one?

(7) Partial Verdicts. The court may accept a partial verdict if the jury has reached a verdict on fewer than all of the charges and is unable to reach a verdict on the rest.

Link below

https://www.revisor.mn.gov/court_rules/cr/id/26/#26.02

Subd. 9.Alternate Jurors.
The court may impanel alternate jurors. An alternate juror who does not replace a principal juror must be discharged when the jury retires to consider its verdict. If a juror becomes unable to serve, an alternate juror must replace that juror. Alternate jurors replace jurors in the order the alternates were drawn. No additional peremptory challenges are allowed for alternate jurors. If a juror becomes unable or disqualified to perform a juror's duties after the jury has retired to consider its verdict, a mistrial must be declared unless the parties agree under Rule 26.01, subd. 1(4) that the jury consist of a lesser number than that selected for the trial.

(Amended effective September 1, 2011.)

Subd. 20.Jury Deliberations and Verdict.
(1) Materials Allowed in Jury Room. The court must permit received exhibits or copies, except depositions and audio or video material, into the jury room. The court may permit a copy of jury instructions into the jury room.

(2) Requests to Review Evidence. The court may allow the jury to review specific evidence.

(a) If the jury requests review of specific evidence during deliberations, the court may permit review of that evidence after notice to the parties and an opportunity to be heard.

(b) Any jury review of depositions, or audio or video material, must occur in open court. The court must instruct the jury to suspend deliberations during the review.

(c) The prosecutor, defense counsel, and the defendant must be present for the proceedings described in paragraphs (a) and (b), but the defendant may personally waive the right to be present.

(d) The court need not submit evidence beyond what the jury requested but may submit additional evidence on the same issue to avoid giving undue prominence to the requested evidence.

(3) Additional Instructions. If the jury asks for additional instruction on the law during deliberation, the court must give notice to the parties. The court's response must be given in the courtroom.

(a) The court may give additional instructions.

(b) The court may reread portions of the original instructions.

(c) The court may tell the jury that the request deals with matters not in evidence or not related to the law of the case.

(d) The court may tell the jury that the request is a factual matter that the jury, not the judge, must determine.

(e) The court need not give instructions beyond the jury's request, but may do so to avoid giving undue prominence to the requested instructions.

(f) The court may give additional instructions without a jury request during deliberations. The court must give notice to the parties of its intent to give additional instructions.

(4) Deadlocked Jury. The jury may be discharged without a verdict if the court finds there is no reasonable probability of agreement.

(5) Polling the Jury.

(a) When a verdict is returned, or the jury answered special interrogatories related to an aggravated sentence, and before the jury is discharged, either party may request that the jury be polled. The court must poll the jury on request. The court may poll the jury on its own initiative.

(b) The poll must be done by the court or the court's clerk. Each juror must be asked individually whether the announced verdict or finding is that juror's verdict or finding.

(c) If a juror indicates the announced verdict or finding is not that juror's verdict or finding, the court may return the jury to deliberations or discharge the jury.

(6) Verdict Impeachment. A defendant may move the court for a hearing to impeach the verdict. Juror affidavits are not admissible to impeach a verdict. At an impeachment hearing, jurors must be examined under oath and their testimony recorded. Minn. R. Evid. 606(b) governs the admissibility of evidence at an impeachment hearing.

(7) Partial Verdicts. The court may accept a partial verdict if the jury has reached a verdict on fewer than all of the charges and is unable to reach a verdict on the rest.

(b) The court need not submit evidence beyond what the jury requested but may submit additional evidence on the same issue to avoid giving undue prominence to the requested evidence.

(Amended effective September 1, 2011; amended effective August 1, 2012; amended effective March 1, 2020.)
 
  • #86
He’s nailing this home. He squashed all of the hypotheticals that Nelson threw out.
 
  • #87
Okay thanks. Trials I’ve watched they had one murder charge then additional charges that weren’t murder. I hope the jurors start with manslaughter and work their way up.

Yes, that is how juries usually go. They start at the bottom charge, and go up for discussions MOO
 
  • #88
Lawyers walking about and speaking loudly and emphatically is likely frowned upon by the Court. Given the fact Lawyers will be speaking with no mask.
 
  • #89
9 minutes and 29 seconds of that compression was a substantial factor in his death.
 
  • #90
Schleicher: Alright folks, they get him out of the car. He is handcuffed. He is on his knees. He is not going anywhere. There are four officers there, four officers. And what did George Floyd say once they pull them out of the car. Thank you. #DerekChauvinTrial

Schleicher:...proning him was completely unnecessary. And this is where the excessive force begins. This is where the nine minutes and 29 seconds start because they didn't just lay him from. They did not do that.

https://twitter.com/anavilastra/status/1384161798740271104?s=21

Schleicher: Would what for the defendants actions, pushing him down, George Floyd have died that day?…use your common sense, believe your eyes, what you saw, what you saw.
 
  • #91
Cathy Russon Retweeted
Linda Kenney Baden (she/her)
@KenneyBaden
·
1h
Judge #PeterCahill is reading #jury instructions to the jury. So preferable & the more modern way to do it. That way jurors can put the arguments into the law AND the lawyers can argue to instructions without objection. #DerekChauvinTrial #GeorgeFloyd @LawCrimeNetwork
Quote Tweet
Linda Kenney Baden (she/her)
@KenneyBaden
· 2h
Waiting for final jury instructions #DerekChauvinTrial #GeorgeFloyd. 3 charges w/multiple elements & definitions. 2nd degree non-intentional felony-murder,3rd degree depraved mind murder, and manslaughter (culpable negligence.) Watch @LawCrimeNetwork
9am EDT w/@jessecordweber twitter.com/KenneyBaden/st…

Prosecution closing argument happening now. Steve Schleicher shows this photo of #GeorgeFloyd in a classroom at Jack Yate High School in Houston.

George.jpg


Prosecution closing: #GeorgeFloyd struggled to breathe, a grown man crying out for his mother, he desperately pushed with his knuckles to make space to breathe.

Prosecution closing: The defendant continued this assault for 9 min 29 seconds. When the ambulance arrived he still wouldn't get off of #GeorgeFloyd @LawCrimeNetwork

Chauvin.jpg


Prosecution closing: The state doesn't need to prove their case beyond ALL doubt. You are not required to accept nonsense. You are not required to accept the proposition that the car did it...

Steve.jpg


link: https://twitter.com/cathyrusson
 
  • #92
Schleicher: The fact that other causes may have contributed to George Floyd’s death just does not relieve the defendant of criminal liability.

https://twitter.com/anavilastra/status/1384164922737664023?s=21

SS: He's criminally liable for all of the consequences of his actions that naturally occur, including those consequences brought about by intervening causes.

Schleicher: You as jurors are not required, nor should you, leave your common sense at the courthouse steps. As jurors you must rely on your common sense. That's why you're here.
 
  • #93
SS: You're not required to believe this amazing coincidence that after this 9 min & 29 secs...that at that point in time, even though he was walking and talking, even though he was breathing...he chose that moment to die of heart disease.

https://twitter.com/anavilastra/status/1384163327413080067?s=21

Schleicher is going through this graphic on the charges and the elements jurors must consider to reach their verdicts.

https://twitter.com/anavilastra/status/1384164107570487300?s=21

SS: He's criminally liable for all of the consequences of his actions that naturally occur, including those consequences brought about by intervening causes.
 
  • #94
Lawyers walking about and speaking loudly and emphatically is likely frowned upon by the Court. Given the fact Lawyers will be speaking with no mask.
....and most likely, the days of lawyer-drama/theatrics in the courtroom are behind us.
 
  • #95
SS: it was the low level of oxygen, it was the asphyxia that caused him to die…We know that happened because they observed during the restraint...they observed and anoxic seizure, the telltale sign of oxygen deprivation. Dr. Tobin told you that, even Dr. Fowler told you that.

https://twitter.com/anavilastra/status/1384165620262969349?s=21

SS: Dr. Tobin knows because he is a pulmonologist, he's a lung doctor….he's the only person who testified was able to calculate lung capacity volume. He could do that. Dr Baker couldn't do it...he deferred to the pulmonologist...
Dr. Fowler couldn't do it…

Schleicher: Dr. Tobin's opinion corroborates the police training and what the police have known for 30 years, that there's a danger for the prone position and the danger is positional asphyxia.
 
  • #96
Schleicher had this graphic up, reinforcing the state’s experts who testified George Floyd didn’t die of a sudden cardiac arrythmia or heart attack.

https://twitter.com/anavilastra/status/1384166798992367626?s=21

SS: You heard questions about is he chewing gum, does he have a pill in his mouth…none of that matters. Because you know what...the drug level was, you know that from the toxicology report. If drugs are found in the car, they're not in George Floyd system.

https://twitter.com/anavilastra/status/1384167176815333396?s=21

Schleicher: There's no superhuman strength, there are no superhuman. Impervious to pain. Nonsense. You heard him. You saw him. He was not impervious to pain.
 
  • #97
Both Eric Nelson and Derek Chauvin are taking notes during this presentation.

EzWNhqqVUAYC9tx.jpg


https://twitter.com/anavilastra/status/1384168098979143683?s=21
 
  • #98
Schleicher: Even Dr. Fowler was critical, no one starting CPR. So that should have been done. Defendant knew how to do it. He had the training. He knew better. He just didn't do better. George Floyd didn't have to die that day…

Schleicher: ...but for the fact that the defendant decided not to get up and not to let up, George Floyd died. And these actions were a substantial factor.

https://twitter.com/anavilastra/status/1384168626148712450?s=21

Schleicher: This was an intentional act that you see before you. He did this on purpose. That's clear. He didn’t, again, trip and fall and find himself there. And this was also unlawful force. Officers are only authorized by law to use reasonable force.
 
  • #99
Schleicher: The only thing...about the defendants intent that we have to prove is that he applied force to George Floyd on purpose...You know, if you're doing something that hurts somebody, and you know it, and you keep doing it. You're doing it on purpose.

https://twitter.com/anavilastra/status/1384169492125601797?s=21

FYI The state is using clips of video from May 25, 2020 and also showing autopsy images. That could be difficult to see. I won’t be able to warn before it happens during this presentation.
 
  • #100
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