George Floyd case-latest developments

125,695 Views | 1866 Replies | Last: 3 yr ago by Bondag
Post removed:
by user
aggiehawg
How long do you want to ignore this user?
AG
third coast.. said:

Holy hell guys, no one is removing their plates. Let's move on.
Just goes to show how insane our country is right now. A daily clusterf***.
Good Poster
How long do you want to ignore this user?
AG
Thanks, Eric.
aggiehawg
How long do you want to ignore this user?
AG
Branca's summary of yesterday's court session with video is HERE.

When jury selection resumes on Monday, state has 3 peremptory challenges left while defense has 5.

Went to check Minnesota law regarding alternate jurors and found this:

Quote:

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.
Link

So the judge apparently has to release the alternates when deliberations begin under Minnesota law. "Must" is a mandatory command under statutory construction.

As to sequestration: (same link.)

Quote:

Subd. 5.Jury Sequestration.

(1) Discretion of the court. From the time the jurors are sworn until they retire for deliberations, the court may permit them and any alternate jurors to separate during recesses and adjournments, or direct that they remain together continuously under the supervision of designated officers.

(2) On Motion. Any party may move for sequestration of the jury at the beginning of trial or at any time during trial. Sequestration must be ordered if the case is of such notoriety or the issues are of such a nature that, in the absence of sequestration, highly prejudicial matters are likely to come to the jurors' attention. Whenever sequestration is ordered, the court in advising the jury of the decision must not disclose which party requested sequestration.

(3) During Deliberations. Unless the court has ordered sequestration under paragraph (2), the court may allow the jurors to separate over night during deliberations.

(4) No Outside Contact. The supervising officers must not communicate with any juror concerning any subject connected with the trial, nor permit any other person to do so, and must return the jury to the courtroom as ordered by the court.

I'm sure Nelson is weighing whether to make such a motion, in light of everything that has happened.

In terms of using a peremptory to back strike an already seated juror under Minnesota law, I have not found any provision that addresses that question so IDK if it is allowed or not.
BMX Bandit
How long do you want to ignore this user?
It's such a bizarre way to do peremptory strikes. How can you possibly know which you need off most until you've heard from them all?

Is this a normal practice in MN? I'm guessing it's special for this trial, so you know?
aggiehawg
How long do you want to ignore this user?
AG
BMX Bandit said:

It's such a bizarre way to do peremptory strikes. How can you possibly know which you need off most until you've heard from them all?

Is this a normal practice in MN? I'm guessing it's special for this trial, so you know?
It's special for this trial but I agree there could have been a better way to address that. Maybe on a daily basis instead of when the prospective juror is still sitting there.

I assume Cahill felt that the 14 page questionnaire was sufficient for the parties to have a good feel of each prospect coming into jury selection. Everyone, even Cahill are flying by the seat of their pants on this trial.

But while you are here, have you ever heard of a state outsourcing prosecutions to private attorneys to this degree? Even Cahill can't remember how many pro hac vice appearances have been filed. Ten or twelve was his estimate. I understand they might use the services of someone like Barry Scheck who specializes in DNA evidence for a portion of a case but not for jury selection. (Not that Scheck would ever agree to work for the prosecution, just an example..)
aggiehawg
How long do you want to ignore this user?
AG
Okay, the continuing confusion on the number of alternates declared necessary by Judge Cahill has been resolved. Cahill's office responded to an inquiry from press late yesterday.

Quote:

At the end of the day Judge Cahill caused some confusion among the reporters including me when he stated that they would be looking to add two more jurors next week to the 13 now seated. Judge Cahill had initially given the number as 16, then as 14. Following our expression of confusion the court advised us that "in accordance with its November 4, 2020, order, the Court will (seat) up to 16 jurors for the trial in the case State of Minnesota v Derek Chauvin."
We have 12 jurors and one alternate, leaving three open spots. State only has 3 peremptory strikes left while the defense has five. Keep that in mind for Monday and likely Tuesday jury selection.

Scott Johnson's summary of yesterday is HERE. He includes a video of Cahill's decision making process on the May 2019 arrest of Floyd and what can and cannot be admissible.
schwack schwack
How long do you want to ignore this user?
AG

Quote:

confusion


Yep.
aggiehawg
How long do you want to ignore this user?
AG
schwack schwack said:


Quote:

confusion


Yep.
But notice Cahill said "up to 16" not just "16." So I guess he can still decide to stop at 15? Would be nice if he would provide counsel with firm number so they can weigh the use of their strikes.

By this time Nelson pretty well knows what triggers the state's attorney to strike. IIRC, yesterday Cahill said he hoped to get through nine prospective jurors (or less if they seat enough.) State has 3 strikes left and defense 5. So there will be strategy at play on Monday.
aggiehawg
How long do you want to ignore this user?
AG
Here we go again. I do understand Cahill's reasoning here but man! That could really screw up the defense strategy in choosing the jurors.

Quote:

Legal experts and local defense attorneys said the last two jurors chosen are almost always alternates, and some said they had never seen it done any other way. But the court said that wouldn't necessarily be the case for Chauvin's jury. Spokesman Kyle Christopherson said alternates could be chosen "many different ways," but declined to give details.

"You can see in this case why (Cahill) might want to do something different, like draw numbers from a hat," said Ted Sampsell-Jones, adding that the judge needs all jurors to pay attention for the duration of the trial. "If it's the last two, and that's published in the press, then the last two might find out that they are alternates. Which is what Cahill needs to avoid."
Link

Cahill still flying by the seat of his pants here.
schwack schwack
How long do you want to ignore this user?
AG
Ruh roh.
aginlakeway
How long do you want to ignore this user?
AG
schwack schwack said:

Ruh roh.
Post removed:
by user
aggiehawg
How long do you want to ignore this user?
AG
schwack schwack said:

Ruh roh.
Maybe in one of the multiple in camera meeting Judge's chambers he informed them of this approach before the first alternate was chosen. I certainly hope both the state and defense were aware of this and are not getting blindsided by it.

There are a lot of considerations when going into jury selection and the normal procedures to which they become accustomed, the strategy is the default position, if you will.

If you watched the clip of Judge Cahill that was in the Scott Johnson link, Cahill was shocked that he lost two jurors because the 27 million dollar settlement. He shouldn't have been but he was.
schwack schwack
How long do you want to ignore this user?
AG
Morning, y'all - Court TV just said they are going to interview one of the 2 people that were in the car. I guess that means they are not being called to testify?

Again - need to sequester.

edit to add: " I fled"

schwack schwack
How long do you want to ignore this user?
AG
They just said he is expected to testify. He tried to pass a fake $20 at the store first & left. George got a different clerk that decided not it let it go.
aggiehawg
How long do you want to ignore this user?
AG
I just love how Maurice Hall euphemistically refers to dealing drugs as "a friend who helps us (meaning himself and Floyd) out financially." Yeah, when you hand them the drugs, they pay you.
aggiehawg
How long do you want to ignore this user?
AG
Group instruction for this morning's panel.
Bondag
How long do you want to ignore this user?
AG
So Hall tried to pass a fake 20 and it didn't work so Floyd tried at the same store just with another clerk?

schwack schwack
How long do you want to ignore this user?
AG
Nice intro from Nelson - me & my assistant representing Chauvin.
schwack schwack
How long do you want to ignore this user?
AG
Quote:

So Hall tried to pass a fake 20 and it didn't work so Floyd tried at the same store just with another clerk?

That's how I understood that interview, but who knows.
aggiehawg
How long do you want to ignore this user?
AG
Juror #115 is up.

Female. Soft spoken.
aggiehawg
How long do you want to ignore this user?
AG
Nelson is up.

I'm honest, nice person. Likes reading, watching NetFlix and stuff. No concerns for personal safety nor covid.

She feels safe with all of the fencing around the courthouse.
schwack schwack
How long do you want to ignore this user?
AG
Went to a couple protests. Carried a sign with a fist.
aggiehawg
How long do you want to ignore this user?
AG
She participated in marches and held a sign with a fist on it. Looked interesting to go to a protest because she had never been to one before and she and her friend made the signs. Red flag.
schwack schwack
How long do you want to ignore this user?
AG
Quote:

Looked interesting to go to a protest

And she'd seen it in movies.....
aggiehawg
How long do you want to ignore this user?
AG
Women's studies class in college and believes the criminal justice system treats blacks and whites differently. Another red flag.

BUT she has a positive opinion of the police. Red flag for the prosecution.
schwack schwack
How long do you want to ignore this user?
AG
Quote:

BUT she has a positive opinion of the police.

No she doesn't.
aggiehawg
How long do you want to ignore this user?
AG
Very favorable opinion of BLM. Unfavorable of Blue Lives Matter.
aggiehawg
How long do you want to ignore this user?
AG
schwack schwack said:

Quote:

BUT she has a positive opinion of the police.

No she doesn't.
In terms of making her community safe was the reference.
schwack schwack
How long do you want to ignore this user?
AG
she can give an "advised opinion"
aggiehawg
How long do you want to ignore this user?
AG
Does Nelson use a peremptory strike on her? She's more inclined towards SJW stance, in my view.

And he strikes her. Four left for the defense.

schwack schwack
How long do you want to ignore this user?
AG
Unfair need for strike.

She thinks that her opinion would weigh more.....
aggiehawg
How long do you want to ignore this user?
AG
Juror # 116.

Male.
aggiehawg
How long do you want to ignore this user?
AG
His company has changed policy on jury duty. He won't be paid in full. Hardship?
 
×
subscribe Verify your student status
See Subscription Benefits
Trial only available to users who have never subscribed or participated in a previous trial.