*****State of MN v. Derek Chauvin Trial*****

791,526 Views | 8794 Replies | Last: 3 yr ago by titan
Trucker 96
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0% due to cowardly judges
Reload8098
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Fore Left! said:

0% due to cowardly judges


Is this correct? That's a travesty if true.
Trucker 96
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Reload8098 said:

Fore Left! said:

0% due to cowardly judges


Is this correct? That's a travesty if true.


Every single figure involved has cowed at every opportunity due to the mob on this one. Including Cahill over and over and over and over. Why would the appellate judges be any different? Going against it could not only be career ending. It could end your life or your family's life. And they are acting accordingly. It's a travesty of justice, but it is happening.

Cahill literally said, "if you do __, it is a mistrial". Within an hour, they did ____ and nothing happened. We all know why and appellate judges will do the same thing for the same reason. They may cite "errors", but magically, none will be determined to be reversible
aggiehawg
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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.
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.
aggiehawg
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More info is coming out.

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.

WTH? That implies it was a bad bust. It wasn't.

Link

Indictment is HERE

Guess I need to start a new thread on the US v. Chauvin et.al.
eric76
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aggiehawg said:

More info is coming out.

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.

WTH? That implies it was a bad bust. It wasn't.

Link

Indictment is HERE

Guess I need to start a new thread on the US v. Chauvin et.al.
I figured that they would only do this if he was found not guilty.

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.
Pumpkinhead
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Reload8098 said:

Fore Left! said:

0% due to cowardly judges
Is this correct? That's a travesty if true.
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.

I'm extremely skeptical that Chauvin could get any 'fairer' trial than he got, if they did a do-over. I mean, I guess if they moved the trial to a region of the country where al the jurors could be pulled primarily from a group of political right F16 posters, okay maybe that would change the outcome. But that isn't how this works.

Chauvin's lawyer is arguing that he didn't get a fair trial partly because of 'pre-publicity'. So is the public nature of Chauvin's case going to magically go away if they pulled 12 more jurors from Minny and did Trial 2.0? No, it won't have. So what would be the point of spending millions of more dollars just to end up right back in the same place?

Chauvin is done. Understandable his attorney has to go through the process of appeal, but I'm sure they know the odds are extremely stacked against them and are assuming they will fail.
PlaneCrashGuy
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Pumpkinhead said:

Reload8098 said:

Fore Left! said:

0% due to cowardly judges
Is this correct? That's a travesty if true.
Chauvin is done.
Hell yeah.
I'm not sure if people genuinely believe someone is going to say, "Wow, if some people say I'm a moron for not believing this, it clearly must be true."

It's not much a persuasive argument. It really just sounds like a bunch of miniature dachshunds barking because the first one one barked when it thought it heard something.
aggiehawg
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eric76 said:

aggiehawg said:

More info is coming out.

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.

WTH? That implies it was a bad bust. It wasn't.

Link

Indictment is HERE

Guess I need to start a new thread on the US v. Chauvin et.al.
I figured that they would only do this if he was found not guilty.

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.
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.

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.
Quote:

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.
Link

Also,

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

Quote:

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.
Link

Agree with Powerline's Scott Johnson on this one. At least as to the three other officers who have not had their trial yet, this is prejudicial. And good luck getting any jury that doesn't already believe Chauvin at a minimum is already guilty, a state court jury just said so. Which is another practical consideration that persuades DOJ to back off when state charges are being pressed and quite vigorously so in Chauvin's case. The state spared no expense to convict him. And the prejudice to the defense of all of the officers is the chilling effect the violence to defense experts will have. They will have even greater difficulty retaining them.
richardag
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eric76 said:

aggiehawg said:

More info is coming out.

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.

WTH? That implies it was a bad bust. It wasn't.

Link

Indictment is HERE

Guess I need to start a new thread on the US v. Chauvin et.al.
I figured that they would only do this if he was found not guilty.

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.
This is just more evidence these people are out for blood and to hell with justice.
Among the latter, under pretence of governing they have divided their nations into two classes, wolves and sheep.”
Thomas Jefferson, Letter to Edward Carrington, January 16, 1787
aggiehawg
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richardag said:

eric76 said:

aggiehawg said:

More info is coming out.

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.

WTH? That implies it was a bad bust. It wasn't.

Link

Indictment is HERE

Guess I need to start a new thread on the US v. Chauvin et.al.
I figured that they would only do this if he was found not guilty.

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.
This is just more evidence these people are out for blood and to hell with justice.
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.
Sully Dog
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Oh but we were worried about the Trump weaponizing the DOJ This country is ****ed.
Deplorable Neanderthal Clinger
Sully Dog
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More on the additional Civil Rights charge against Chauvin:

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."
That sounds bad and like he is just a brutal cop. Let's find out more:

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."
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




https://www.cnbc.com/2021/05/07/federal-grand-jury-charges-4-former-minneapolis-cops-with-violating-george-floyds-civil-rights-ap-reports.html?__source=iosappshare%7Ccom.apple.UIKit.activity.CopyToPasteboard
Deplorable Neanderthal Clinger
titan
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richardag said:

eric76 said:

aggiehawg said:

More info is coming out.

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.

WTH? That implies it was a bad bust. It wasn't.

Link

Indictment is HERE

Guess I need to start a new thread on the US v. Chauvin et.al.
I figured that they would only do this if he was found not guilty.

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.
This is just more evidence these people are out for blood and to hell with justice.
Just show trial stuff by the American Stalinist party.
FrioAg 00:
Leftist Democrats "have completely overplayed the Racism accusation. Honestly my first reaction when I hear it today is to assume bad intentions by the accuser, not the accused."
aggiehawg
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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

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.

Notice the state freely admitted he was a drug addict with a "troubled past" but they never said he'd been in and out of prison over the years.
aggiehawg
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This is still trial related. Dr. Fowler, a defense expert is now being "investigated" (read "trashed") by the Maryland state AG. Just like Judge Sullivan did in the Flynn case the AG is asking for comers to comment and submit their opinions. Which is not the way investigations are normally done. This is a dog pile to smear the guy.

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.
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."
The Maryland A.G. Statement reads, in full:
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."



Quote:

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.
Link

<sigh>
Maroon Dawn
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Concerned Moderates remain unconcerned with this state show trial and its promised retribution against anyone who stood in the way of the predetermined verdict
titan
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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
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.
FrioAg 00:
Leftist Democrats "have completely overplayed the Racism accusation. Honestly my first reaction when I hear it today is to assume bad intentions by the accuser, not the accused."
Some Junkie Cosmonaut
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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
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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.
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.

I think the last heyday was Mike Nifong getting reamed over the Duke lacrosse case and Mark O'Mara winning the Zimmerman trial. (That was a master's lesson in how to conduct a criminal defense, BTW.)

Not much that I have seen since 2013 has given me much hope.
PlaneCrashGuy
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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.
I'm not sure if people genuinely believe someone is going to say, "Wow, if some people say I'm a moron for not believing this, it clearly must be true."

It's not much a persuasive argument. It really just sounds like a bunch of miniature dachshunds barking because the first one one barked when it thought it heard something.
titan
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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.
Talk to veterans and their friends. The numbers no longer saluting are growing. They don't think of the govt as what they served.
FrioAg 00:
Leftist Democrats "have completely overplayed the Racism accusation. Honestly my first reaction when I hear it today is to assume bad intentions by the accuser, not the accused."
aggiehawg
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AG
Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
TRM
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aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
That seems like he's pre-judging the other officers, no?
HtownAg92
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aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
Wow. A politically-driven and consequence-aware jury may be excused somewhat for ignoring evidence. A sitting judge doing it is just incredible.

"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.
aggiehawg
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TRM said:

aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
That seems like he's pre-judging the other officers, no?
Sure sounds like it. Since he's also the presiding judge for their trials, that's problematical, to me at least.
chickencoupe16
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HtownAg92 said:

aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
Wow. A politically-driven and consequence-aware jury may be excused somewhat for ignoring evidence. A sitting judge doing it is just incredible.

"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.
HtownAg92
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chickencoupe16 said:

HtownAg92 said:

aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
Wow. A politically-driven and consequence-aware jury may be excused somewhat for ignoring evidence. A sitting judge doing it is just incredible.

"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.
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.

For a similar example, I had a judge enter a judgment as a matter of law, overturning the jury's verdict, on punitive damages because the evidence did not show malice or a reckless disregard for the rights of the plaintiffs.
txags92
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aggiehawg said:

TRM said:

aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
That seems like he's pre-judging the other officers, no?
Sure sounds like it. Since he's also the presiding judge for their trials, that's problematical, to me at least.
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.
Sully Dog
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aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
I restate my previous position. Cahill is a POS.
Deplorable Neanderthal Clinger
Sully Dog
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Quote:

"Particular cruelty"? When? How? He just de facto assigned intent to kill.
This. How does one show particular cruelty in another's death when the ruling was that the murder was unintentional?
Deplorable Neanderthal Clinger
aggiehawg
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AG
txags92 said:

aggiehawg said:

TRM said:

aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
That seems like he's pre-judging the other officers, no?
Sure sounds like it. Since he's also the presiding judge for their trials, that's problematical, to me at least.
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.
Agree. If he refuses to recuse himself, go for a writ of mandamus to get him off of the case.
Tony Franklins Other Shoe
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Looks like Chauvin will be thrown under the jail by the justice system, Bad enough the jury was tainted (proof on social media), now the judge is piling on.
aggiehawg
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Sully Dog said:

Quote:

"Particular cruelty"? When? How? He just de facto assigned intent to kill.
This. How does one show particular cruelty in another's death when the ruling was that the murder was unintentional?
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.

That's how.
richardag
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aggiehawg said:

Cahill will enhance Chauvin's sentence.

Quote:

Judge Cahill ruled that the following four sentencing aggravating factors will apply:

  • 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"
Judge Cahill, however, ruled that Floyd was not "particularly vulnerable." Read Judge Cahill's full ruling here.
Link
Chauvin is being used as a sacrifice
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