|
Post by stewart on Apr 15, 2021 16:35:58 GMT
Evidence now all in and both sides have rested. Chauvin decided to invoke the fifth amendment, which is hardly surprising.
Closing arguments will begin on Monday at approximately 2.30 pm our time. Jury will be sequestered thereafter until a verdict is reached.
|
|
|
Post by stefano on Apr 15, 2021 19:07:15 GMT
Thank you stewart I will try to catch the summing up. I still think it is very finely balanced although unlike you I have not been watching it. I hope the accused has had a fair trial. The impression I got on main stream media news clips was that it is all a bit of a circus. ⚖
|
|
|
Post by stewart on Apr 16, 2021 0:34:07 GMT
Thank you stewart I will try to catch the summing up. I still think it is very finely balanced although unlike you I have not been watching it. I hope the accused has had a fair trial. The impression I got on main stream media news clips was that it is all a bit of a circus. ⚖ It is very finely balanced only because it takes only one juror to express a reasonable doubt, for whatever reason, about the overwhelming visual evidence and medical analyses which the prosecution has submitted. Chauvin has had as fair a trial as someone who kept his knee on the neck of another person, handcuffed and lying on his chest and stomach, for over nine minutes, could possibly expect. It should be remembered that he has never, reportedly, expressed any remorse. My estimation is that a second degree murder conviction is out of the question, as Chauvin clearly did not intend or plan to kill George Floyd, especially as bystanders were filming his every movement. Third degree murder seems to involve a "depraved indifference" to the fate of his victim, and that outcome would, in my opinion, be perfectly justified, but is, sadly, unlikely. The most likely verdict is the manslaughter charge, as the defence has really put forward little or no real evidence, instead relying on a variety of random opinions aimed at confusing the jury in order to create the required reasonable doubt. That is where the atmosphere of a circus has arisen. I do not contest the principle of innocent until proven guilty, far from it, but for the first time in such a case video evidence of the defendant's actions has been available from start to finish, and it is compelling above any other conclusions such as a drug overdose, carbon monoxide poisoning or heart attack. George Floyd's death was slow and torturous, and I am almost brought to tears every time I see it.
|
|
|
Post by stefano on Apr 16, 2021 9:02:05 GMT
Well of course the defence do not need to prove anything stewart. As you said there is a legal presumption of innocence, so it is a legal requirement that the prosecution produce evidence to prove the case beyond reasonable doubt. If they fail in that legal obligation then the accused has to be declared not guilty.
The very wise and influential Sir William Blackstone declared some 250 years ago that it is better that 10 guilty men go free than 1 innocent man is wrongly convicted.
Can we really argue with those wise words?
|
|
|
Post by plainmoorpete on Apr 16, 2021 13:50:04 GMT
What I would like is some context about the situation in the US regarding the shooting of black\non-white suspects. For instance how many white people are killed by police officers and how many people of any ethnicity are killed by black and non-white cops.
|
|
|
Post by stefano on Apr 16, 2021 15:50:35 GMT
Of course Plainmoorpete. Another mass killing today but they only have about 70 non mass killing days every year. They bang on about not being able to change the 2nd Amendment. Of course they can......it's called an amendment! Is it any wonder the cops carry guns and accidents will happen!
|
|
|
Post by stewart on Apr 18, 2021 20:14:31 GMT
This is just for posterity. Hopefully the jury will not have overlooked the expression on Chauvin's face....
|
|
|
Post by stefano on Apr 18, 2021 23:01:13 GMT
Well I haven't watched the video stewart but I would hope the jury would base their decision on something more than the look on the face of the accused.
It may be an old fashioned view but I think evidence is important.
The thought that "his eyes are too close together" really shouldn't be enough. 😉
|
|
|
Post by stewart on Apr 18, 2021 23:22:21 GMT
Well I haven't watched the video stewart but I would hope the jury would base their decision on something more than the look on the face of the accused. It may be an old fashioned view but I think evidence is important. The thought that "his eyes are too close together" really shouldn't be enough. 😉 What more evidence could you want than this video, and Chauvin's facial expressions and demeanour are amply demonstrated. All of the other evidence consists of opinions, on both sides, from medical experts who have expressed views based on their own particular fields of expertise. It's really all theory, although the detailed analysis presented by Dr Tobin is by far the most compelling. In simple terms, he believes that the breath was forced out of George Floyd by the knee on the neck. Take a look at the video, just at around 2 minutes 40. I'm not talking about his eyes being too close together, that is nonsense, but in that moment Chauvin's face exhibits, for me, callous indifference, and actually shortly after that he lifts his foot off the road twice in order to exert further pressure. I believe that his intent is only marginally less important than the cause of death, and my view is that his intent was to cause as much harm and discomfort as possible. I don't believe, however, that he meant to kill George Floyd with so many witnesses present.
|
|
|
Post by stefano on Apr 19, 2021 9:08:39 GMT
Yes that video! It should not have been allowed to be admitted in evidence. People across the world watched it in their living room on their television set within hours of the incident and even before any arrest had been made? They immediately drew their own conclusions. How can that possibly be right? It should not be trial by television, it should be a properly conducted trial in a court of law where the only thing that is considered is the evidence (which should not of course in a civilised democracy include considering the look the accused had on his face).
I think far too many people made their minds up far too early. The only thing that should be listened to is the evidence presented in court.
It is America though....it all goes back to the days of a posse when they went off and grabbed the person they thought was guilty and then hanged him from the nearest tree. It did cut down on court costs mind.
I see you were right stewart about post trial matters. The National Guard is poised!
A guide to the verdict should be how long the jury is out considering. The longer they are still out the more chance of them returning a not guilty verdict.
We wait with interest......
|
|
|
Post by stewart on Apr 19, 2021 12:52:04 GMT
Yes that video! It should not have been allowed to be admitted in evidence. People across the world watched it in their living room on their television set within hours of the incident and even before any arrest had been made? They immediately drew their own conclusions. How can that possibly be right? It should not be trial by television, it should be a properly conducted trial in a court of law where the only thing that is considered is the evidence (which should not of course in a civilised democracy include considering the look the accused had on his face). I think far too many people made their minds up far too early. The only thing that should be listened to is the evidence presented in court. It is America though....it all goes back to the days of a posse when they went off and grabbed the person they thought was guilty and then hanged him from the nearest tree. It did cut down on court costs mind. I see you were right stewart about post trial matters. The National Guard is poised! A guide to the verdict should be how long the jury is out considering. The longer they are still out the more chance of them returning a not guilty verdict. We wait with interest...... Can't agree mate, sorry. Of course people watched the video and drew their own conclusions, because the truth was staring them in the face. Without this visual evidence, it would have been impossible for anyone to make a clear verbal report on just how horrific the events were. Chauvin himself could have come up with all manner of excuses to justify the extent of what he did. No wonder the "voir dire" had to go through about 130 potential jurors to find just 15. Although I have said all through this thread that I do agree entirely with the concept of "innocent until proven guilty", in this case I find rather distressing the possibility that this man has even a remote chance to get away it.
|
|
|
Post by stefano on Apr 19, 2021 13:01:59 GMT
A central plank of justice in a democracy though stewart. William Blackstone 250 years ago "It is better that 10 guilty men are acquitted rather than 1 innocent man be found guilty". I was non too happy myself as a police officer a few times seeing guilty people found not guilty, or perhaps worse knowing what they were up to but not being able to gather enough evidence to get them before the court. One of the worst was a murder case, but the acquitted accused died of a drugs overdose 3 months after the trial so there was some Karma!
Jury been out a long time! 😉
|
|
|
Post by stewart on Apr 19, 2021 16:16:25 GMT
Brilliant closing argument by Steve Schleicher, Eric Nelson looking more and more uncomfortable. Meanwhile Chauvin still sits there calmly writing notes as though he is nothing more than a court reporter.
|
|
|
Post by stefano on Apr 19, 2021 16:41:51 GMT
Thanks stewart. The defence still have 'presumption of innocence' and 'proof beyond reasonable doubt' on their side. It is rightly a stiff test for the prosecution to get past.
|
|
|
Post by stewart on Apr 19, 2021 17:20:48 GMT
Well, the defence attorney has spent the first half hour of his closing argument attempting to portray Chauvin as a reasonable police officer who followed all of the police policies and training.
Good luck with that!
|
|