Teacher Suspended After Saying George Floyd Would be Alive If He Complied

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[–]ActuallyNot 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (3 children)

Okay. You're going to have to link me to this autopsy. Because I only know about the two that concluded homicide.

And you're going to have to link me to the motion for a retrial, because the only one I know about, which is online here doesn't mention BLM activism at all. Not even once.

Out of curiosity, where are you getting your information on this trial?

I worry that it's not closely related to the one that is happening in reality.

[–]GConly 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 1 fun -  (2 children)

Out of curiosity, where are you getting your information on this trial?

Legal documents and lawyers dissecting the case and after trial aftermath. Some NYT articles and more.

Bakers notes

It turns out one of the jurors didn't mention he was heavily involved with BLM, when asked.

There's a photo of him with a 'get your knee off our necks' tee on and he went on a march. It's seriously raised the issue of a mistrial.

Here he is.

https://www.thesun.co.uk/news/14893138/chauvin-juror-george-floyd-blm-shirt/

He was at a rally

https://www.insider.com/derek-chauvin-juror-attended-protest-blm-shirt-2021-5

NYT pointing puts this is a valid ground for a retrial.

https://www.nytimes.com/2021/05/04/us/chauvin-trial-juror.html

I also watched all the video footage of the incident. Floyd was gasping for breath while seated upright in the car with no one on his neck before Chauvin knelt on him. So he was having pretty major issues with his lungs.

I'm sure having Chauvin kneel on him didn't help.

[–]ActuallyNot 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (1 child)

Are those notes from baker prior to the death certificate?

They don't contradict it, it's just less complete.

It turns out one of the jurors didn't mention he was heavily involved with BLM, when asked.

I was aware that he was asked how he felt about BLM, and I brought her said that if was a statement that he agreed with.

Was he asked if he was involved? What exactly was the question, and what was his response?

The sun article is says "Chauvin attorney Eric Nelson is using the shirt to argue that the landmark trial show be overturned in part due to misconduct by Mitchell." Which is either mostly or completely wrong.

Jury misconduct was mentioned in the filing, as one of about a dozen nitpicks. The nature of that misconduct isn't mentioned.

The times article states this correctly.

I believe that the charges stick if the kneeling wasn't the sole cause of death.

[–]GConly 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

The juror was untruthful on the questionnaire that asked about bias.. so yes that's going to be legit grounds for mistrial. As is the pre trial compensation payout.

There's a YouTube video where a lawyer goes through the details of what exactly what he did and why it's grounds for a mistrial.

I believe that the charges stick if the kneeling wasn't the sole cause of death.

And Floyd was having massive issues breathing before he got knelt on, and his lungs were so buggered by the edema that they'd have assumed that killed him if they'd only had the body to work . with.

As far as I'm concerned this doesn't meet the required standard for a murder conviction. You need to show that what happened (neck kneeling) killed him beyond a reasonable doubt. If you want to rule it contributed to his death because he was in a bad way, you could come up with a lesser charge and gave that stick. If it was something that could have killed him, you have to prove the kneeling and not the edema got him.

Being more than familiar with how expert witnesses bow to political or prosecutorial pressure I'm a little cynical to Baker's revised conclusion.