The State rested its case on day 12 attempting to prove its case beyond a reasonable doubt. The defense will only take three days and will attempt to convince the jury there is reasonable doubt.
Dr. Jonathan Rich, a Chicago-based cardiologist, testified on Monday that George Floyd’s heart was deprived of oxygen because of how he was restrained by Derek Chauvin.
CHAUVIN WAS JUSTIFIED, EXPERT SAYS
A national use-of-force expert testified on Monday. He said Chauvin “was justified” in the actions he took with Mr. Floyd.
The expert, Barry Brodd testified that Derek Chauvin did not use deadly force on George Floyd. He also testified officers are trained that when they get resistance from a suspect, it’s safer for the officer and the suspect to put them in a prone position facedown due to reduced mobility to harm officers or self.
“If the officer is justified in using the prone control, the maintaining of the prone control is not a use of force. It’s a control technique,” he testified.
“It doesn’t hurt.”
Additionally, he added that given the amount of resistance from George Floyd the officers would have been justified using even higher force than a prone hold.
His actions and met objectively reasonable standards.
“I felt that Derek Chauvin was justified, was acting with objective reasonableness, following Minneapolis Police Department policy and current standards of law enforcement,” Barry Brodd, a former police officer, testified.
Some legal observers believe the prosecutor effectively dismantled his testimony by getting him to admit what Chauvin did wasn’t even use of force and it wasn’t in line with department policy. Brodd agreed an officer would follow policy.
However, that doesn’t mean what Chauvin did was criminal. The jury will have to decide the issue.
The defense attorney rebutted many of the points.
Barry Brodd, the use of force expert, told the prosecution, "a complied person would have both their hands in the small of their back and just be resting comfortably." #DerekChauvinTrial pic.twitter.com/lJg31yDYKl
— KaMaria B. (@KamOnCam_) April 13, 2021
CLOSING ON MONDAY
Judge Peter Cahill says closing arguments for Derek Chauvin’s murder trial are expected to happen on Monday, April 19.
The judge denied a request on Monday to sequester the jury after unrest escalated in Minneapolis following the fatal police shooting of Daunte Wright.
Hennepin County Chief Medical Examiner Dr. Andrew Baker told the court on Friday that while Floyd’s health and drug use may have contributed to his death, it was police officers’ actions that were the direct cause.
THE CHARGES
This information comes from Legal Insurrection.
609.19. Murder in the second degree.
609.223 Assault in the third degree.
609.205. Manslaughter in the second degree.
609.195. Murder in the third degree.
A more substantive discussion of those criminal charges can be found here, Chauvin Pre-Trial Day 1: 3d Degree Murder Throws Wrench Into Jury Selection Process, with additional discussion of the recently modified 3rd degree murder law of Minnesota discussed here, Chauvin Pre-trial Day 4 Midday: 3rd Degree Murder Reinstated, Sixth Juror Seated.
Here are the standardized jury instructions (CRIMJIG) relevant to the criminal charges in this case:
11.24 Murder in the Second Degree—Defined
11.25 Murder in the Second Degree—Elements
11.28 Murder in the Second Degree–While Committing a Felony–Defined
11.37 Murder in the Second Third Degree–Depraved Mind—Defined
11.38 Murder in the Second Third Degree–Depraved Mind–Elements
11.55 Manslaughter in the Second Degree—Defined
11.56 Manslaughter in the Second Degree—Elements
13.01 Assault–Intent to Cause Fear
13.02 Assault–Infliction of Bodily Harm
13.15 Assault in the Third Degree–Substantial Bodily Harm—Defined
13.16 Assault in the Third Degree–Substantial Bodily Harm–Elements
13.31 Assault in the Fifth Degree–Intent to Cause Fear or Inflict Bodily Harm–Defined
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The Floyd case is complicated because he died in police custody. Normally, I would be all in for Involuntary Manslaughter. In this case, it is likely that Floyd had a level of Drugs in his system that would ensure Death. So the real question is did Chauvin do what was reasonable and normal and did his action contribute directly to Floyd’s death? It appears that Chauvin called for Medical support well before Floyd died and the Prosecutor can’t show beyond a reasonable doubt that Floyd would have lived until Medical help arrived. I don’t see how the Chief Medical Examiner could say that the Officer’s actions were definitely the cause of death with 4 times a lethal dose of drugs in his system. That dog don’t hunt! The only possible crime here MIGHT BE Involuntary Manslaughter, but I don’t see that listed as a charge. Even with CNN all but saying it was a well planned execution, with what I’ve heard, seen and read, I would have to acquit.
This is a trail by intimidation of the jury falsely justified by hired woke experts and police officers and officials willing to obey the Leftists that control their city but most importantly their positions,income and retirement. Regardless of the outcome this trial is a travesty played out in front of the world. The charges should have been dismissed months ago.Instead, we have been treated to a show trial that put Stalin’s show trials appear fair in comparison.