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Jun 3 2020 05:41pm
Quote (thundercock @ Jun 3 2020 06:24pm)
Oh, they were sentenced without a judge and jury? Yea, that's pretty crazy!


Your civil rights don't start and end with a jury.
They mean getting arrested without being killed by the police, they mean prosecutors applying the law fairly and equally, they mean judges ensuring a fair trial and appeals.

Quote (Surfpunk @ Jun 3 2020 06:27pm)
3rd degree definitely applies due to the willful disregard aspect of Chauvin's actions. I don't necessarily agree with upping the charges to 2nd degree, as intent is going to be a very tough thing to prove in court. As far as the other three, once you have a charge of murder levied (regardless of degree), it's not a violation of due process to bring accessory charges against the others.


Minnesota has a bit different case law than other jurisdictions when it comes to 3rd degree murder. Either you can establish specific intent (2nd degree) or it lacked intent (manslaughter). 3rd degree is instead reserved for crimes with an unknown / random / public target. At least, this is what I've repeatedly heard on this specific point by some legal scholars and it seems like a pretty weird thing for them to make up, but I've heard that there's a whole set of precedents saying you can't charge 3rd degree in a case of one person being accused of killing one specific target. IE, mohamed noor shooting justine damond before he knew who she was, meant he was killing a random person and could have been killing anyone, hence 3rd degree murder. That's inapplicable to the death in custody of george floyd.

Manslaughter would be the only appropriate charge and the DA's are perfectly aware of that, but also knew that if all they charged him with was manslaughter it would enflame the mob and also make it impossible to try all the officers.
So instead of following the law, they intentionally overcharged him- ridiculously early, before the cause of death was even in, at literally 100x the speed of a normal process.


Civil rights are sure being violated at a bunch of levels here.
Maybe Derek Chauvin violated George Floyd's rights by killing him in custody, or maybe his fentanyl/meth induced heart attack was happening irregardless. We don't know yet, and in a fair trial they would make that determination. But what I do know for sure is that the governor abdicated his responsibility to protect the liberties of all minnesotans by leaving us at the mercy of violent mobs, the DA's abdicated their responsibility to protect liberties by abusing their office to appease a mob, and even the ACLU instead of bringing an admonition brought a length of rope.

Quote (Santara @ Jun 3 2020 06:41pm)
According to a Twitter exchange tonight on Nicholas Sarwark's page, even 1st degree murder is attainable.


"instantaneous premeditation" is a good one
perhaps they should charge him with sodomy, child sex abuse and blaspheming against the prophet mohamed peace be upon him

This post was edited by Goomshill on Jun 3 2020 05:44pm
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Jun 3 2020 05:44pm
Quote (Mangix @ Jun 3 2020 06:38pm)
you can always go back for lower charges afaik. 3rd just doesn't make sense with this specific states laws.
I think they're going for - one of the officers telling them that something was wrong, and being disregarded describes intent to kill.


The public telling them that something was wrong could also be used as evidence. If I'm doing a thing, and somebody tells me for 5 minutes straight that I'm killing him and I keep doing it and he dies, that's probably a coin flip on whether a jury believes that.

Quote (Santara @ Jun 3 2020 06:41pm)
According to a Twitter exchange tonight on Nicholas Sarwark's page, even 1st degree murder is attainable.


I think we can all agree that Goom is full of shit and the charges are appropriate.
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Jun 3 2020 05:45pm
Quote (Goomshill @ Jun 3 2020 06:41pm)
Your civil rights don't start and end with a jury.
They mean getting arrested without being killed by the police, they mean prosecutors applying the law fairly and equally, they mean judges ensuring a fair trial and appeals.


What specific right has been violated with him being charged?
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Jun 3 2020 05:50pm
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Jun 3 2020 05:51pm
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Jun 3 2020 05:56pm
Quote (Goomshill @ Jun 3 2020 04:41pm)
Your civil rights don't start and end with a jury.
They mean getting arrested without being killed by the police, they mean prosecutors applying the law fairly and equally, they mean judges ensuring a fair trial and appeals.



Everything seems pretty fair and equal right now. There's a good chance the other 3 walk free and the first officer will probably only see a little bit of time.
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Jun 3 2020 06:04pm
Quote (Goomshill @ Jun 3 2020 06:41pm)
"instantaneous premeditation" is a good one
perhaps they should charge him with sodomy, child sex abuse and blaspheming against the prophet mohamed peace be upon him


He's a former criminal defense lawyer. His judgment about what may work is probably better than ours.

This post was edited by Santara on Jun 3 2020 06:05pm
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Jun 3 2020 06:07pm
Quote (Goomshill @ Jun 3 2020 07:22pm)
by depriving the accused of due process and filing obviously inapplicable charges.
They're appeasing a violent mob of rioters by pressing charges despite knowing full well they don't apply under the letter of the law, in such a rush that charges that normally take 12 months to establish were filed in 2 days, before the ME report even declared cause of death. Second degree murder requires a specific intent to kill which is very obviously not present in this case, and under Minnesota statutes even 3rd degree was inapplicable because its reserved for crimes with unknown / random victims or generalized danger to the public, like shooting into a crowd.

All the precedents, normal procedures and case law got chucked right out the window because their only goal is to satisfy the angry mob. Maybe they'll sort the actual case out later, or maybe they'll just railroad him in a show trial.


My bet is they'll put the trial in late october for maximum outrage.
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Jun 3 2020 06:15pm
Quote (EndlessSky @ Jun 3 2020 07:07pm)
My bet is they'll put the trial in late october for maximum outrage.


Google says that criminal trials are usually 90-120 days, so don't get all conspiracy nutter if it's within that average lol.
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Jun 3 2020 06:15pm
The full autopsy was finally released, just a few minutes ago

https://www.hennepin.us/-/media/hennepinus/residents/public-safety/documents/Autopsy_2020-3700_Floyd.pdf

Quote
Arteriosclerotic heart disease, multifocal, severe
Hypertensive heart disease (Cardiomegaly & hypertension)

No life-threatening injuries identified
No facial, oral mucosal, or conjunctival petechiae
No injuries of anterior muscles of neck or laryngeal structures
No scalp soft tissue, skull, or brain injuries
No chest wall soft tissue injuries, rib fractures (other than a single rib fracture from CPR), vertebral column injuries, or visceral injuries
Incision and subcutaneous dissection of posterior and lateral neck, shoulders, back, flanks, and buttocks negative for occult trauma

Viral testing (Minnesota Department of Health, postmortem nasal swab collected 5/26/2020): positive for 2019-nCoV RNA by PCR

Hemoglobin S quantitation (postmortem femoral blood, HHC Laboratory): 38% (extreme sickle cell anemia)

Toxicology
Fentanyl 11 ng/mL
Norfentanyl 5.6 ng/mL (fentanyl)
4-ANPP 0.65 ng/mL (fentanyl)
Methamphetamine 19 ng/mL
11-Hydroxy Delta-9 THC 1.2 ng/mL; (pot)
Delta-9 Carboxy THC 42 ng/mL; (pot)
Delta-9 THC 2.9 ng/mL (pot)
Cotinine positive (tobacco)
Caffeine positive


Extremely lengthy and detailed description of the procedure beyond that, but that lays out the findings.
Fentanyl is usually used as an analgesic at ~2 ng/ml and induces anaesthesia at 10-20 ng/ml and is pretty fatal at 25+ ng/ml on its own, but its associated with overdose deaths in poly-substances case at 7+ ng/ml.
the meth was trace amounts hence "indicating prior use", because its generally around 200 ng/ml and lethal at 2500 ng/ml, so it wouldn't be a significant factor

but what they do have is:
1. Strong evidence of underlying heart conditions, covid-19 and poly-substance intoxication with a whole mix of drugs that could all aggravate a heart condition
2. No physical evidence whatsoever consistent with trauma. Not a single finding in the whole autopsy would point to life threatening injuries.

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