Tuesday, April 20, 2021

 

The Death Rattle of Truth & Justice

American society has never upheld or realized truth and justice in a manner fully consistent with American rhetoric. Yet, for most of my life I thought our society was at least headed in the right direction. No more.

In the flurry of non-stop anti-Trump (someone I never supported) lies I finally realized that somewhere, in my lifetime or before, the country took a wrong turn. It's tempting to say it happened in the last ten years but it may be more accurate that it was during the 1991 Rodney King police brutality/racism hoax and subsequent rioting when politicians and the media openly abandoned truth, justice, and integrity. The American public, in general, then showed itself to be too gullible and lazy to know or care that vital principles were being gutted.

Don't get me wrong, politicians and the media were not paragons of virtue before then but it does seem like we as a society turned the corner down into dangerous alley back then and things have gotten steadily worse ever since. Academia and the clergy have followed suit or, perhaps, helped lead the way.

In any case, I followed the prosecution of former Minneapolis police officer Derek Chauvin very closely. Before the verdict I had estimated the outcome in order of probability (most to least) was as follows:

  1. Hung jury
  2. Full acquittal
  3. Partial acquittal
  4. Guilty on all charges

It's obvious I couldn't have been more mistaken. My estimation was based on the clearly erroneous assumption that the jury included at least one intelligent, rational, and principled juror. I don't have a lot of hope that Chauvin will get justice in the appellate courts.

I wish I knew what to tell people to do to turn this country away from the abyss but I don't. I can say there's no hope in Biden or Trump or most of the other denizens of the two wings of the political uniparty. What I do know is that defeatism is a faster path to destruction.

Here are a few more perspectives on the Chauvin trial and verdict:

If there were any Left-wing writers who care about truth and justice in the matter of George Floyd and Derek Chauvin then I would link to them but I am unaware of any.

21 April 2021 Addendum: In "George Floyd's Death: Test Your Knowledge" I mentioned that "the written report of the unofficial autopsy of George Floyd requested by Floyd's family and performed Michael Baden, MD, and Allecia Wilson, MD" had never been publicly released. They and their findings were much in the news last summer but unless I'm mistaken neither of them testified in the trial of Derek Chauvin nor was their report offered in evidence by the prosecution. If true, then this suggests that the "family autopsy" was primarily a media prop to advance the financial interests of George Floyd's family and lawyers in extracting a sweet financial payout.

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Sunday, April 11, 2021

 

A Directed Verdict in State v. Chauvin?

The prosecution in State v. Chauvin has presented, through its witnesses, an incoherent theory as to how Derek Chauvin allegedly killed George Floyd. Except for an opening statement, the defense has not yet presented it case.

Yet, the prosecution's witnesses have repeatedly given testimony that fundamentally undermines the prosecution's case against Chauvin. For instance, some witnesses testified Floyd died of "positional asphyxia" yet the only witness to perform an autopsy on Floyd testified there was no evidence of asphyxia (see also here). If the state cannot settle on how Chauvin supposedly killed Floyd then how can they honestly argue he is guilty beyond a reasonable doubt?

Minneapolis Police Dept. Excited
Delirium training slide
(cropped)
Judging by the currently available evidence, the Chauvin prosecution is a political show trial orchestrated by corrupt politicians and a corrupt mainstream corporate media. From the point of view of race grifters and their corrupt enablers the trial is a win no matter what happens. If Chauvin is convicted then they will argue that affirms the false narrative of state-sanctioned routine, deadly, racist police violence against Black people. If Chauvin is not convicted or not convicted of the most serious charge(s) then they will claim that proves Black people cannot get justice and you can expect more of the rioting, looting, arson, and violent crimes that we saw last summer and fall.

However, unless there is some smoking gun soon presented by the prosecution Judge Cahill should dismiss the charges "in furtherance of justice" pursuant to Minn. Stat. § 631.21 after the prosecution finishes presenting its case. Since it is extremely unlikely that Cahill, given his past performance, will do this defense counsel Eric Nelson should consider filing a motion for a judgment of acquittal pursuant to Minn. R.Crim. P. 26.03, subd. 18(1)(a).

It's unlikely that Cahill would grant such a motion on any of the three counts but it's not impossible that he might acquit on one or two of the counts against Chauvin and, from my armchair, non-lawyer perch, I don't see that the defense has a lot to lose by filing the motion. The calculus, of course, includes weighing the time and energy involved in preparing the motion and what possible impact a ruling by Cahill might have on the jury. If Cahill acquitted on one of the murder counts would the jury be more inclined to convict on manslaughter?

See also:

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