It is deliberate. Murder was already a hail mary with .0001 seconds on the clock from outside the stadium. It might not be clear to people, because Minnesota is unique with their 2nd degree murder statute. But their gambit is to get a first or 2nd degree assault conviction which upgrades to 2nd degree murder if that assault resulted in death regardless of intent. The back up option was depraved heart murder, which is 3rd degree in minnesota.
They have to prove both the actual cause and the proximate (legal cause) of death beyond a reasonable doubt. By basically discarding the only expert that can weigh in on the cause of death, they have defacto created reasonable doubt on the proximate and legal causes of death. Whereas by not doing this, they could have zeroed in on 2nd degree manslaughter, and argued that Chauvin was a substantial factor in bringing about this outcome. Now, nobody will know what the hell is going on.
sure enough. But that isn't the reason you charge someone if you are a prosecutor. If you didn't want to convict the guy in the first place, you shouldn't have charged him. This is proof they want the chaos of an acquittal for show. They aren't even giving a good faith effort to win here. Not that there is a crime per se to convict on. But if you don't even try with the cards you got, you have ulterior motives.
Personally, I think you won’t find him guilty of manslaughter or assault. What you could get him on is improper conduct. Him and the other officers did not get Floyd into the resting position. I think the jury might prosecute him very lightly because they don’t want riots and so they can’t let him go free, but they don’t want to put an innocent man in jail for something he didn’t do.
In all regards, trying to have the jury dismiss the autopsy, is likely to come back to bite the prosecution in the long run.
Sounds like an "own goal" in a case that should never have gone to trial. What a mess and a bigger mess to follow with a guaranteed riot no matter the outcome.
I wonder if it is deliberate or is it desperate?
The official autopsy exonerates the police as does the coroner's later statements so they have to bury the report to keep their "murder" case alive.
It is deliberate. Murder was already a hail mary with .0001 seconds on the clock from outside the stadium. It might not be clear to people, because Minnesota is unique with their 2nd degree murder statute. But their gambit is to get a first or 2nd degree assault conviction which upgrades to 2nd degree murder if that assault resulted in death regardless of intent. The back up option was depraved heart murder, which is 3rd degree in minnesota.
They have to prove both the actual cause and the proximate (legal cause) of death beyond a reasonable doubt. By basically discarding the only expert that can weigh in on the cause of death, they have defacto created reasonable doubt on the proximate and legal causes of death. Whereas by not doing this, they could have zeroed in on 2nd degree manslaughter, and argued that Chauvin was a substantial factor in bringing about this outcome. Now, nobody will know what the hell is going on.
How about Not Guilty. If I were on the jury, I would not vote to convict him at all.
sure enough. But that isn't the reason you charge someone if you are a prosecutor. If you didn't want to convict the guy in the first place, you shouldn't have charged him. This is proof they want the chaos of an acquittal for show. They aren't even giving a good faith effort to win here. Not that there is a crime per se to convict on. But if you don't even try with the cards you got, you have ulterior motives.
Personally, I think you won’t find him guilty of manslaughter or assault. What you could get him on is improper conduct. Him and the other officers did not get Floyd into the resting position. I think the jury might prosecute him very lightly because they don’t want riots and so they can’t let him go free, but they don’t want to put an innocent man in jail for something he didn’t do.
In all regards, trying to have the jury dismiss the autopsy, is likely to come back to bite the prosecution in the long run.
I wouldn't find him guilty of anything. I'd let him walk, especially now. Not guilty. I would not change my position.
Sounds like an "own goal" in a case that should never have gone to trial. What a mess and a bigger mess to follow with a guaranteed riot no matter the outcome.