The placement of a knee on a neck is not necessarily a reportable incident.
*****State of MN v. Derek Chauvin Trial*****
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Last: 3 yr ago by titan
Chauvin's supervisor says a knee on the neck is reasonable until such time as the suspect is "handcuffed and no longer resisting."
Bad for Chauvin.
Bad for Chauvin.
Not what he said.
Q: "After the officer has gained control, the restraint should stop?"
A: "Yeah."
This is going to hurt Chauvin.
A: "Yeah."
This is going to hurt Chauvin.
Will be interesting to see how the defense responds.
Yes. Standard in Minnesota is culpable negligence. Do not have to prove depraved mind or intent to harm. I think they have a good shot at this one, maybe a compromise verdict for the jury.Corn Pop said:Martin Q. Blank said:
This witness is not going well for Chauvin.
I think murder should be off the table, but can he still be charged for manslaughter?
. Only if the jury thinks that the continuing restraint caused Floyd's death.NewOldAg said:
Q: "After the officer has gained control, the restraint should stop?"
A: "Yeah."
This is going to hurt Chauvin.
Going to have to tread lightly since Chauvin had other complaints against him over the years. If the prosecution doesn't go there, defense shouldn't open the door.NASAg03 said:
Will be interesting to see how the defense responds.
In order to prove 2nd degree murder, they have to prove that Chauvin committed a felony and in the course of the felony he caused the death of another person.
They will argue that the continued restraint after he was under control was felony assault.
They will argue that the continued restraint after he was under control was felony assault.
Wait, Lane went with the ambulance. He wasn't there to be given any instructions. Confused.
The witness said all 4 officers were there. That doesn't seem to be the case since one departed on the ambulance.
Must have been after Lane was cut loose when the engine 17 (fire) met the ambulance. But the timelines are awfully damn close .Lane must have run back.aginresearch said:
The witness said all 4 officers were there. That doesn't seem to be the case since one departed on the ambulance.
Okay, I figured it out now. Jena said the ambulance was already gone while she was on the phone with the Sergeant. So he wasn't in motion until after the ambulance had left so by the time he arrived on scene, Lane would have had time to get back.
Defense objected to the question of whether the restraint was applied for too long.
Hillary paid for warrant to spy on Trump.
Opinions don't matter, right? What's the policy?
Critical question here. When should the restraint have ended? Objection by defense and sidebar.
I think Cahill will allow him to answer that question.
ETA: May have to rephrase it though.
I think Cahill will allow him to answer that question.
ETA: May have to rephrase it though.
Qualification objection? As to whether or not he could testify to when restraint should be released.
So paramedic Derek Smith testified that when he arrived to scene, 3 officers were on top of Floyd and that as he walked up he 'thought he was dead because not moving or breathing'.
How damaging is it to the cops if they are continuing to push down on and restrain a guy who is no longer even breathing?
It is stuff like this to me personally where, while a murder charge is a tough sell, I can buy into a 2nd degree manslaughter conviction.
How damaging is it to the cops if they are continuing to push down on and restrain a guy who is no longer even breathing?
It is stuff like this to me personally where, while a murder charge is a tough sell, I can buy into a 2nd degree manslaughter conviction.
Correct he isn't listed as an expert witness.NewOldAg said:
Qualification objection? As to whether or not he could testify to when restraint should be released.
Part of his job to analyze use of force incidents.NewOldAg said:
Qualification objection? As to whether or not he could testify to when restraint should be released.
he also said Floyd was partially on his side in the recovery position.Pumpkinhead said:
So paramedic Derek Smith testified that when he arrived to scene, 3 officers were on top of Floyd and that as he walked up he 'thought he was dead because not moving or breathing'.
How damaging is it to the cops if they are continuing to push down on and restrain a guy who is no longer even breathing?
Earlier the defense established that it's possible an OD suspect wakes up and is irate and dangerous. As such, paramedics have ketamine to calm them down.Pumpkinhead said:
So paramedic Derek Smith testified that when he arrived to scene, 3 officers were on top of Floyd and that as he walked up he 'thought he was dead because not moving or breathing'.
How damaging is it to the cops if they are continuing to push down on and restrain a guy who is no longer even breathing?
Defense won the 1st one. Bet they don't win this one.
Hillary paid for warrant to spy on Trump.
Jury-only taking a break.
'Twas an improper foundation objection. So the witness did not establish he usually makes these determinations.
Good for Judge to kick Jury out and deal with it straight up.
Good for Judge to kick Jury out and deal with it straight up.
Cahill send s the jury out so they can discuss the issue further.
NewOldAg said:
Trademarked tool for restraining suspect's feet.
Notice the defense tossed his notebook to this side. This is all off the cuff. Guy has some guts.
Yeah. I was distracted for a moment and didn't catch all of the exchange. So, if in his role in a critical incident, that changes his role. It went above his paygrade at that point.NewOldAg said:
'Twas an improper foundation objection. So the witness did not establish he usually makes these determinations.
Good for Judge to kick Jury out and deal with it straight up.
Good objection by Nelson, in my view, nice catch.
My worry is that this is great cross material, but I'm not sure it disqualifies him from testifying to what officers should have done.
Judge fortunately disagrees with me; say he still lacks foundation for whether Sgt. has the requisite knowledge of the case to determine when release of force should have occured.
Defense made a better argument, right? State is reaching.
Hillary paid for warrant to spy on Trump.
Nope the judge will allow this one question.NewOldAg said:
Judge fortunately disagrees with me; say he still lacks foundation for whether Sgt. has the requisite knowledge of the case to determine when release of force should have occured.
I liked the approach Nelson had but looks like judge disagrees.
Cahill allow state one question on that topic. Limited.