0% due to cowardly judges
Fore Left! said:
0% due to cowardly judges
Reload8098 said:Fore Left! said:
0% due to cowardly judges
Is this correct? That's a travesty if true.
They just can't let it go. And now with this announcement, have they further interfered with the trial of the other three officers?? They could have indicted and sealed the indictments at any time over the last year.Quote:
A federal grand jury moved to indict former Minneapolis police officers Derek Chavuin, Alexander Kueng, Thomas Lane, and Tou Thao on civil rights violations in the death of George Floyd, according to a media report.
The news was broken by Minnesota Public Radio's Riham Feshir on Twitter. Thomas Lane, Alexander Kueng, and Tou Thao made their initial court appearances by phone Friday, according to Feshir.
Federal agents had planned to arrest Chauvin at the Hennepin County courthouse if he was acquitted of all charges in the state trial that concluded April 20, sources told The Star Tribune.
WTH? That implies it was a bad bust. It wasn't.Quote:
Why it matters: The new charges mean the officers could face another high-profile criminal trial following a yearlong racial reckoning across the nation.
Details: The grand jury indicted Chauvin in two cases: for kneeling on Floyd's neck for over nine minutes in May 2020 and for a similar arrest of a 14-year-old boy in 2017.
- In the latter, court documents show that Chauvin hit the teen with his flashlight before grabbing him by the throat and hitting him again, the Star Tribune reports.
- The federal indictment charges the other three ex-officers J. Alexander Kueng, Thomas Lane and Tou Thao with violating Floyd's right to be free from unreasonable seizure and excessive force.
I figured that they would only do this if he was found not guilty.aggiehawg said:
More info is coming out.WTH? That implies it was a bad bust. It wasn't.Quote:
Why it matters: The new charges mean the officers could face another high-profile criminal trial following a yearlong racial reckoning across the nation.
Details: The grand jury indicted Chauvin in two cases: for kneeling on Floyd's neck for over nine minutes in May 2020 and for a similar arrest of a 14-year-old boy in 2017.
- In the latter, court documents show that Chauvin hit the teen with his flashlight before grabbing him by the throat and hitting him again, the Star Tribune reports.
- The federal indictment charges the other three ex-officers J. Alexander Kueng, Thomas Lane and Tou Thao with violating Floyd's right to be free from unreasonable seizure and excessive force.
Link
Indictment is HERE
Guess I need to start a new thread on the US v. Chauvin et.al.
In general, it is very difficult to win an appeal. A lot of time and money is put into a trial, and the court system is going to heavily lean towards respecting a jury's decision unless there is some extraordinary reasons not to do so. They just don't overturn jury decisions willy nilly because the losing side didn't like the result. So the burden of proof is really high on the defense.Reload8098 said:Is this correct? That's a travesty if true.Fore Left! said:
0% due to cowardly judges
You are correct. DOJ seldom goes to the trouble to indict cops when a state prosecution addresses the punishment for the same crime. In some states such as New York, it is specifically considered double jeopardy when federal charges stem out of the same fact situation. In Manafort's case, he was already charged in federal court and thus could not be charged with state charges arising from the same acts.eric76 said:I figured that they would only do this if he was found not guilty.aggiehawg said:
More info is coming out.WTH? That implies it was a bad bust. It wasn't.Quote:
Why it matters: The new charges mean the officers could face another high-profile criminal trial following a yearlong racial reckoning across the nation.
Details: The grand jury indicted Chauvin in two cases: for kneeling on Floyd's neck for over nine minutes in May 2020 and for a similar arrest of a 14-year-old boy in 2017.
- In the latter, court documents show that Chauvin hit the teen with his flashlight before grabbing him by the throat and hitting him again, the Star Tribune reports.
- The federal indictment charges the other three ex-officers J. Alexander Kueng, Thomas Lane and Tou Thao with violating Floyd's right to be free from unreasonable seizure and excessive force.
Link
Indictment is HERE
Guess I need to start a new thread on the US v. Chauvin et.al.
My understanding is that the federal government doesn't file their own charges for something covered by state charges unless found not guilty on the state charges.
Quote:
There were 49 federal civil rights cases brought against officers in the US in 2019, according to Transactional Records Access Clearinghouse, a research organization at Syracuse University. When considering the number of police use of force allegations around the US, the frequency that the DOJ gets involved is low, McQuade and Richman told Insider.
The burden of proving the officer's willingness to violate a suspect's rights can be a high bar, according to McQuade. The federal government doesn't often pursue these cases in part because its policy is not to bring criminal charges unless there is admissible evidence that would make it probable to obtain and sustain a conviction, she said.
It's also unusual for the Justice Department to bring federal charges in a case where there has been a state conviction. But it has happened when a case is so significant that state and federal prosecutors want two convictions to serve as "a backstop" to each other, McQuade said, in what is known as the petite policy.
"It says, generally, that federal prosecutors should not duplicate the efforts of state prosecutors, unless there is some substantial federal interest that has not yet been vindicated," she said.
LinkQuote:
Federal prosecutors may be waiting to move forward until Chauvin's sentencing in the murder trial, and if the time he is committed seems sufficient, they'll back off from the federal case, McQuade said.
Prosecutors could also be seeking a secondary conviction so Chauvin won't be able to walk free if he successfully appeals down the road.
"By having a second conviction in place, there is a sort of a belt-and-suspenders approach to a case that is of substantial interest to both the state and federal government," McQuade said.
Quote:
Chauvin is also charged on a separate two-count indictment resulting from a 2017 incident, but everything else overlaps with the state criminal proceedings. If it weren't for Floyd and the political dictates of the hour, is there any doubt that the Biden Justice Department and the United States Attorney for Minnesota would have remained uninterested in the 2017 incident?
A few minutes ago the local office of the United States Attorney forwarded its press release announcing the new charges via email. I have embedded it below via Scribd. It makes out no federal interest to be served in the case over and above the state criminal prosecutions. The press release states only this:Quote:
The charges announced today are also separate from, and in addition to, the charges the State of Minnesota has brought against these former officers related to the death of Mr. Floyd. The federal charges allege different criminal offenses; specifically, they allege violations of the U.S. Constitution, rather than of state law
LinkQuote:
Well, thank you for the explanation. However, I wonder if such a case has ever been brought when the perpetrators have already been convicted or have yet to be tried in pending state criminal proceedings. I may be missing something, but I am unaware of relevant precedent. Absent relevant precedent or further explanation, I can only comment that I find this aspect of the case performative and abusive.
This is just more evidence these people are out for blood and to hell with justice.eric76 said:I figured that they would only do this if he was found not guilty.aggiehawg said:
More info is coming out.WTH? That implies it was a bad bust. It wasn't.Quote:
Why it matters: The new charges mean the officers could face another high-profile criminal trial following a yearlong racial reckoning across the nation.
Details: The grand jury indicted Chauvin in two cases: for kneeling on Floyd's neck for over nine minutes in May 2020 and for a similar arrest of a 14-year-old boy in 2017.
- In the latter, court documents show that Chauvin hit the teen with his flashlight before grabbing him by the throat and hitting him again, the Star Tribune reports.
- The federal indictment charges the other three ex-officers J. Alexander Kueng, Thomas Lane and Tou Thao with violating Floyd's right to be free from unreasonable seizure and excessive force.
Link
Indictment is HERE
Guess I need to start a new thread on the US v. Chauvin et.al.
My understanding is that the federal government doesn't file their own charges for something covered by state charges unless found not guilty on the state charges.
Notice who signed the indictment. Karlan, the same idiot who said Trump can name his son Barron but he can't make him one during the first impeachment. She's at DOJ now. Also the same one at DOJ threatening the Maricopa County Audit.richardag said:This is just more evidence these people are out for blood and to hell with justice.eric76 said:I figured that they would only do this if he was found not guilty.aggiehawg said:
More info is coming out.WTH? That implies it was a bad bust. It wasn't.Quote:
Why it matters: The new charges mean the officers could face another high-profile criminal trial following a yearlong racial reckoning across the nation.
Details: The grand jury indicted Chauvin in two cases: for kneeling on Floyd's neck for over nine minutes in May 2020 and for a similar arrest of a 14-year-old boy in 2017.
- In the latter, court documents show that Chauvin hit the teen with his flashlight before grabbing him by the throat and hitting him again, the Star Tribune reports.
- The federal indictment charges the other three ex-officers J. Alexander Kueng, Thomas Lane and Tou Thao with violating Floyd's right to be free from unreasonable seizure and excessive force.
Link
Indictment is HERE
Guess I need to start a new thread on the US v. Chauvin et.al.
My understanding is that the federal government doesn't file their own charges for something covered by state charges unless found not guilty on the state charges.
That sounds bad and like he is just a brutal cop. Let's find out more:Quote:
Chauvin separately was charged in another federal indictment with violating the civil rights of a 14-year Minneapolis boy during a September 2017 arrest by holding the boy by the neck and hitting him multiple times in the head with a flashlight "without legal justification."
Wait, wut? How did this not come out before in the trial? There is only three ways I can imagine this went down:Quote:
In the separate federal indictment related to his arrest of the 14-year-old, Chauvin likewise is accused of holding his knee on the neck and upper back of the boy, even after the teen "was lying prone, handcuffed, and unresisting."
Just show trial stuff by the American Stalinist party.richardag said:This is just more evidence these people are out for blood and to hell with justice.eric76 said:I figured that they would only do this if he was found not guilty.aggiehawg said:
More info is coming out.WTH? That implies it was a bad bust. It wasn't.Quote:
Why it matters: The new charges mean the officers could face another high-profile criminal trial following a yearlong racial reckoning across the nation.
Details: The grand jury indicted Chauvin in two cases: for kneeling on Floyd's neck for over nine minutes in May 2020 and for a similar arrest of a 14-year-old boy in 2017.
- In the latter, court documents show that Chauvin hit the teen with his flashlight before grabbing him by the throat and hitting him again, the Star Tribune reports.
- The federal indictment charges the other three ex-officers J. Alexander Kueng, Thomas Lane and Tou Thao with violating Floyd's right to be free from unreasonable seizure and excessive force.
Link
Indictment is HERE
Guess I need to start a new thread on the US v. Chauvin et.al.
My understanding is that the federal government doesn't file their own charges for something covered by state charges unless found not guilty on the state charges.
Probably in the pre-trial motions in limine as to what would and would not be admissible at trial. If the state wanted to use prior bad acts by Chauvin, then Floyd's would have been fair game as well.Quote:
Wait, wut? How did this not come out before in the trial? There is only three ways I can imagine this went down:
- Chauvin used this technique before and was cleared of complaint essentially saying the knee restraint is an approved technique - contradicting the police chiefs testimony
- Chauvin used this technique before and was reprimanded by the department in which case it would have come out in court
- This family is full of **** and never brought the complaint before but is now looking for a pay day
Quote:
Now it's happening, the threats are coming to fruition. The Washington Post reports that the Maryland Attorney General is planning to appoint a panel to audit Fowler's cases:Quote:
Maryland Attorney General Brian E. Frosh's office plans to appoint a panel of independent experts to audit and release a public report on all cases of deaths in police custody overseen by David Fowler, the state's former chief medical examiner who testified in Derek Chauvin's defense.The Maryland A.G. Statement reads, in full:Quote:
In a statement Friday, Frosh (D) said his office would be "consulting experts, examining similar audits in other jurisdictions, and doing a preliminary review of [the Office of the Chief Medical Examiner] data and protocols."
The statement called on those who have been "affected by the focus of the audit or members of the public with interest or expertise" to submit comments or materials to the Office of the Attorney General.
Fowler could not be immediately reached on Friday but said earlier he formed his opinion in collaboration with 13 other experts. He previously defended his work in a statement to The Washington Post: "I stand behind the outstanding work that all of our dedicated staff at the Maryland State Medical Examiner's Office performed during my tenure as the Chief ME."Quote:
"My office, in consultation with Governor Hogan's Chief Legal Counsel, has begun working to develop the process and timeline for the audit of in-custody death determinations made by the Office of the Chief Medical Examiner (OCME) during the tenure of Dr. David Fowler. We are committed to overseeing a professional and independent audit that adheres to the highest standards of impartiality and integrity. We will be consulting experts, examining similar audits in other jurisdictions, and doing a preliminary review of OCME data and protocols.
Our intent is to appoint a panel of independent subject matter experts to perform the audit, and at the conclusion of the review, to release a public report on its findings.
"As we continue this process, we are also interested in receiving input from communities
affected by the focus of the audit or members of the public with interest or expertise in the work of the OCME. We invite anyone who would like to provide comments or materials to send them by June 7, 2021 to the Office of the Attorney General at OCMEaudit@oag.state.md.us, or to 200
St. Paul Place, Baltimore, MD 21202."
LinkQuote:
It's not hard to understand what is happening. Maryland officials and the professional forensic participants in the targeting of Fowler, are seeking both retribution against Fowler, and making it difficult if not impossible for the three other officers awaiting trial to hire expert witnesses. Chauvin had two experts who testified one (Barry Brodd) had his house targeted and the other (Dr. David Fowler) his professional license attacked.
The Maryland "audit" panel will reach the conclusion the mob wants.
There are only two sides on something like this. If you are unconcerned with the left actions, you are functionally left. The legal system is being destroyed.Maroon Dawn said:
Concerned Moderates remain unconcerned with this state show trial and its promised retribution against anyone who stood in the way of the predetermined verdict
You are asking the wrong person because I honestly don't know. The law and the legal system that I was taught 40 years ago is not what I am seeing today. Not even remotely.ruddyduck said:
i'll ask it bluntly. when is it time for someone to step in and "correct" these people? i have never liked our government (too big, wasteful, inefficient, etc.) but i now detest the government and anyone who works for it. it has become monstrous, vengeful and downright scary and the tidal wave of momentum keeps gaining rapidly in the wrong direction. it will soon be too late, and it might already be.
aggiehawg said:
The law and the legal system that I was taught 40 years ago is not what I am seeing today. Not even remotely.
Talk to veterans and their friends. The numbers no longer saluting are growing. They don't think of the govt as what they served.ruddyduck said:
i'll ask it bluntly. when is it time for someone to step in and "correct" these people? i have never liked our government (too big, wasteful, inefficient, etc.) but i now detest the government and anyone who works for it. it has become monstrous, vengeful and downright scary and the tidal wave of momentum keeps gaining rapidly in the wrong direction. it will soon be too late, and it might already be.
LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
That seems like he's pre-judging the other officers, no?aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
Wow. A politically-driven and consequence-aware jury may be excused somewhat for ignoring evidence. A sitting judge doing it is just incredible.aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
Sure sounds like it. Since he's also the presiding judge for their trials, that's problematical, to me at least.TRM said:That seems like he's pre-judging the other officers, no?aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
HtownAg92 said:Wow. A politically-driven and consequence-aware jury may be excused somewhat for ignoring evidence. A sitting judge doing it is just incredible.aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
"Particular cruelty"? When? How? He just de facto assigned intent to kill.
I hope that the appeals court guts Cahill in their opinion for the numerous baffling errors he made through this trial.
No, he should be working from a standpoint of what the evidence showed. A judge make findings and enter a judgment that is contrary to what the jury found if the evidence did not support the jury's verdict.chickencoupe16 said:HtownAg92 said:Wow. A politically-driven and consequence-aware jury may be excused somewhat for ignoring evidence. A sitting judge doing it is just incredible.aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
"Particular cruelty"? When? How? He just de facto assigned intent to kill.
I hope that the appeals court guts Cahill in their opinion for the numerous baffling errors he made through this trial.
I firmly believe Chauvin should have been found not guilty. However, having been found guilty, shouldn't Cahill work from the standpoint that Chauvin actually did commit 2nd degree murder?
If so, the only possible point of contention that I see is "particular cruelty" but even that I could agree with if you're working from the standpoint that Chauvin intended to kill him, did so in a very slow manner, and kept on well after Floyd had no pulse.
If I am their attorneys, I am filing a request for Cahill to remove himself from their case and a change of venue today based on those rulings.aggiehawg said:Sure sounds like it. Since he's also the presiding judge for their trials, that's problematical, to me at least.TRM said:That seems like he's pre-judging the other officers, no?aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
I restate my previous position. Cahill is a POS.aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
This. How does one show particular cruelty in another's death when the ruling was that the murder was unintentional?Quote:
"Particular cruelty"? When? How? He just de facto assigned intent to kill.
Agree. If he refuses to recuse himself, go for a writ of mandamus to get him off of the case.txags92 said:If I am their attorneys, I am filing a request for Cahill to remove himself from their case and a change of venue today based on those rulings.aggiehawg said:Sure sounds like it. Since he's also the presiding judge for their trials, that's problematical, to me at least.TRM said:That seems like he's pre-judging the other officers, no?aggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"
Technically, the jury returning a verdict of guilty on the 2nd degree murder charge meant they also found Chauvin guilty of the underlying felony which was aggravated assault.Sully Dog said:This. How does one show particular cruelty in another's death when the ruling was that the murder was unintentional?Quote:
"Particular cruelty"? When? How? He just de facto assigned intent to kill.
Chauvin is being used as a sacrificeaggiehawg said:
Cahill will enhance Chauvin's sentence.LinkQuote:
Judge Cahill ruled that the following four sentencing aggravating factors will apply:Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
- Chauvin abused a position of trust and authority
- Chauvin treated George Floyd with "particular cruelty"
- Children were present during the crimes
- Chauvin committed the crime "as a group with the active participation of at least three other persons"