Monday 29 March 2021

Derek Chauvin Trial

 Today was the first day of the Derek Chauvin trial.  As you recall he is one of the police officers charged with murder in the death of George Floyd.  The trial is being televised on Court TV, but you can also watch on the internet on various sites.  I will provide a link here to Courttv.com for those who may want to tune in to some of the arguments and testimony.  


Derek Chauvin trial coverage


Derek Chauvin was found guilty on all 3 charges.

93 comments:

      Lee C.   ―  U.S.A.      said...

 
When I last had to rescan my local over-the-air broadcast channels, I noticed that there was a "Court TV" channel in the mix.  But, I didn't bother to enable it.  I suppose I could go back and enable that channel and see if it's carrying the Chauvin trial, or if it's more 'historical' in nature.  But, I suspect the rest of the trial will be tedium to a large extent.   (Although I can see where the details of Minneapolis racial policing might be of much more pressing interest to local Minnesotans.  And then again, it might be much more interesting than I'm expecting--lots of people were into watching the OJ Simpson trial.  I think that one pretty much made Court TV into a 'thing'.)

                           ––––––––––––––––––––––––––––––––

It looks like Florida Republicans are getting set to replicate the new Georgia voting experience. 

      "Marc Elias, the Democratic lawyer who is suing to overturn
      the Georgia law, says another lawsuit may be coming.
      "'It appears that Florida Republicans have looked at the
      outrage aimed at Georgia’s suppression law with envy rather
      than disgust.'"
      WashingtonPost

Lynnette In Minnesota said...

But, I suspect the rest of the trial will be tedium to a large extent.

I found both opening arguments interesting. But for me the video still looms large. The defense is playing up Floyds drug use, his reluctance to make good on the phony $20 and his size and lack of cooperation. They made a plausible argument until the prosecution spoke and showed the video of Chauvin kneeling on Floyd's neck. The news channel I was watching last night played the testimony of the 911 dispatcher which also highlighted the unusualness of the length of time Chauvin was pinning Floyd to the ground.

The main battleground in the trial will not pertain to race, but to science. How exactly did Floyd die? The defense is going with drug use combined with underlying conditions. The prosecutor is pointing out that he had a history of those which did not result in death, until Chauvin came along.

I am not sure if I will watch it all, but I think it will be interesting going forward. But then I think the trial process itself is interesting, whatever the charges are.

Lynnette In Minnesota said...

It looks like Florida Republicans are getting set to replicate the new Georgia voting experience.

I suspect we will be seeing a lot of that going around.

      Lee C.   ―  U.S.A.      said...

 
      "The defense is going with drug use combined with underlying
      conditions."

I'm gonna risk a little 'Perry Mason" lawyering here, lawyering from the popular rumor, as it were, although I do happen to know that the following concepts are real, even though I've not got the proper training to invoke them.  (And, with that caveat, here we go…).

I don't think they'll actually end up going with that defense you mentioned.

There's a legal maxim about how the perp "takes his victim as he finds him", a/k/a the "thin skull" rule, which says a perpetrator can't escape a murder charge e.g. where he conked the victim on the head only to discover, to his regret, that the victim had an especially thin skull, and (surprise, surprise) consequently died of a stove-in head.  Trying to say that Mr. Floyd contributed to his own murder by exacerbating his own susceptibility to being asphyxiated ain't gonna get them the jury instructions they want in the end.  (I don't think.)  I think it's just a gambit, something to allow them to get prejudicial evidence about Mr. Floyd's historically questionable personal character and poor life choices admitted into evidence.
I think they'll drop it before they ever get to the end of the trial, but only after they get all that potentially prejudicial evidence about Mr. Floyd's character admitted into evidence.  They're trying to accuse the victim of somehow "deserving" the fate he was dealt--a “his karma finally got 'im” type of defense.

I mentioned before that there's a more viable cop-specific legal defense theory that's been created by the judiciary over the years, one that comes in just short of being a perfect defense.  All a cop's gotta do is say he felt "threatened" in some manner and then he has an almost iron-clad unimpeachable, unquestionable defense for any and all excesses he might have chosen to amuse himself with (at least in those cases where the dead victim was black; blackness being considered adequately legally threatening to police in any and all circumstances where the police choose to invoke the defense).  Any defense attorney who failed to plead that the cop somehow "felt threatened" by blackness would likely be replaced immediately by the trial judge with a non-idiot lawyer as obviously not qualified to conduct a legal defense in a criminal trial and simultaneously too stupid to know he wasn't qualified.  (Guy must be a tax lawyer or something.)

That would seem to not be a uniquely unavailable defense here because of the specific conditions of the murder--9 minutes plus for three cops to calmly crush the life out of a handcuffed "perp" already lying face down in the street, hands cuffed behind his back, and begging for his life.  Gonna be hard to make that "cop felt threatened" line work here, since it's all on video and since Chauvin was so casually and obviously feeling unthreatened as he calmly crushed Mr. Floyd to death.  (The video proving the specific conditions of Mr. Floyd's murder are pretty damning.)

So, the defense is gonna be tweaked a little bit, and then they'll role it out for a full public view later, but they felt they had to lay out the groundwork for its admissibility in the opening statement, and it was in there.  They're gonna claim it was okay to kill Mr. Floyd because the cops felt threatened by the crowd who didn't want them to kill Mr. Floyd.  They'll role that all the way out, more fully fleshed out later, and then all the reporters will claim it's a great surprise, but the defense lawyer already opened that door on that one in his opening statement.

And….  It might even work; it's only a minor extension of the current judge-made cop-specific defense available.  We'll just have to wait and see.

Lynnette In Minnesota said...

They're gonna claim it was okay to kill Mr. Floyd because the cops felt threatened by the crowd who didn't want them to kill Mr. Floyd.

Yes. The prosecution has responded by putting on the stand the woman who is a first responder and was present as a witness to George Floyd's death. She was the woman who kept asking the police to check for a pulse. The defense has also implied that the crowd was a distraction. This witness was specifically asked if she would not be able to do her job if there were a large group of people crowded around her. She said she would have no problem doing her job. They also called as a witness an 8 year old girl who was present. How menacing is an 8 year old girl?

In any case the video doesn't appear to show Chauvin being at all disturbed by the crowd for any reason, be it fear or distraction.

The videos will be a problem for the defense, I am thinking.

      Lee C.   ―  U.S.A.      said...

 
      "How menacing is an 8 year old girl?"

This defense isn't being offered for use with the jury.  The jury (drawn as it was from the Minneapolis region) will most likely identify with the Minneapolis "crowd" (which was never much of a crowd to begin with).  This defense is being offered for the benefit of the appellate court, which will be much more likely to identify with the police officers who keep that Minneapolis jury pool the hell away from their gated and closely patrolled (at the walled periphery) semi-isolated, high-end "bedroom" communities.
The defense may be hoping for at least one juror to accept their defense, getting them a hung jury, but the real target of this defense are the appellate judges.

      Lee C.   ―  U.S.A.      said...

 
Off topic:

I just noticed that Tucker Carlson was "on-air", as it were, last night with the argument that "the radical left", specifically middle-class Joe Biden, is going to push "real Americans" into embracing full-tilt fascism.  In other words--it's gonna be the Democrats' fault when the Republicans try next time to overthrow the government.

Ya'll been warned.

Lynnette In Minnesota said...

...the real target of this defense are the appellate judges.

Speaking of judges, I notice that Biden has been busy nominating all sorts of them. More so than even Trump this early in his presidency. I guess he learned something from Mitch McConnell.

      Lee C.   ―  U.S.A.      said...

 
      "I guess he learned something from Mitch McConnell."

'Bout time.  It took Obama six years to figure out "McConnell's Rules" and that they didn't include coöperation or adherence to established bipartisan norms.  They did include endless negotiation with the false promise of potential coöperation as the supposed object of the endless negotiations.  Took Obama six years to finally accept that he was getting played there; there would be no coöperation.
I was afraid Biden would repeat that mistake.  Turns out he's not senile after all--he clearly remembers what McConnell taught them last time.

The true test of whether Biden's "learned" enough from their prior travails to make a major difference, rather than a modest difference, will come soon 'nuff.  Can Biden get his "green infrastructure" bill passed this year?  It will be an interesting test of the premise.

                           ––––––––––––––––––––––––––––––––

I've been reading various articles the last few days which suggest that the trial of Derek Chauvin is being watched fairly closely overseas (perhaps "comparatively" closely is a better descriptive), no one place in particular, but getting a relatively wide international audience.

Lynnette In Minnesota said...

Can Biden get his "green infrastructure" bill passed this year?

If it isn't passed this year I think he is already setting up the Republicans to take the fall. They are already balking at raising taxes to pay for it. Biden has said if they have a better idea of how to pay for it then please let everyone know. Then of course there are the possible high paying jobs that a infrastructure upgrade will provide.

Lynnette In Minnesota said...

I've been reading various articles the last few days which suggest that the trial of Derek Chauvin is being watched fairly closely overseas...

Possibly. It could be an important turning point for many things in the United States. As may be other events.

I will not presume to predict the outcome of this trial. The prosecution is making a good case. We will see if the defense can counter.

Lynnette In Minnesota said...

Speaking of other events it appears that MLB has pulled the All Star game from Atlanta. A canary in the coal mine perhaps?

      Lee C.   ―  U.S.A.      said...

 
      "A canary in the coal mine perhaps?"

Indeed, perhaps.  I had run across an editorial in the NationalReview (founded by William F. Buckley, currently edited by Rich Lowry) which demanded that the Republican Party in Georgia (and elsewhere, but first and foremost and especially in Georgia) stand up to and defy "the corporate bullies" who would pressure the party to turn back from its enthusiastic adoption of overt fundamentalist Christian white supremacy as its organizing political principle.  They recommended that the Georgia Republican Party start with resisting and retaliating against Major League Baseball.

I'm kinda hoping the gerrymandered Republican legislature of Georgia will follow that advice.  We're very likely to see a governor Stacey Abrams sworn in as Georgia's governor come 2023, should that happen.  Maybe get a Democratic legislature to go along with that.

                           ––––––––––––––––––––––––––––––––

Meantime, a lot of people are keeping an eye on the investigation into that dead guy (dead now anyway) who crashed his car into the defensive barricades around the Capitol Building.  Thankfully, not too much irresponsible speculation about political motivations going on just yet.  We've been spared the dueling that accusations that "he's a Trumpkin", "no he's not, he's antifa".  We shall probably learn more about it today.

      Lee C.   ―  U.S.A.      said...

 
Off topic:

Somebody oughta be makin' book on who's gonna hold out longer, Andrew Cuomo or Matthew Gaetz

Lynnette In Minnesota said...

I'm kinda hoping the gerrymandered Republican legislature of Georgia will follow that advice. We're very likely to see a governor Stacey Abrams sworn in as Georgia's governor come 2023, should that happen. Maybe get a Democratic legislature to go along with that.

I really would like to see them get a good comeuppance. Losing the presidency didn't do it. They kept too much of the legislature.

Unfortunately too many of them are taking a leaf from Trump's book and just powering through, refusing to give in. They will have to lose more public support for them to admit they need a new message.

Lynnette In Minnesota said...

Somebody oughta be makin' book on who's gonna hold out longer, Andrew Cuomo or Matthew Gaetz.

Lol! Somehow Andrew Cuomo didn't surprise me. He's a tough nut to crack.

I have to wonder what all of those Q-Anon folks who were looking for pedophile rings under every Democratic rock think about Gaetz.

      Lee C.   ―  U.S.A.      said...

 
      "I have to wonder what all of those Q-Anon folks…think…"

Perhaps they'll take comfort from the absence of any credible allegations of pedo-cannibalism.

      Lee C.   ―  U.S.A.      said...

 
      "They kept too much of the legislature."

That 'defund the police' language seems to have spooked a lot of independent voters.  (Not enough to save Trump though.)

Lynnette In Minnesota said...

Perhaps they'll take comfort from the absence of any credible allegations of pedo-cannibalism.

True, they seemed rather concerned about extracurricular munching. But then they are also less concerned with facts. So they will just ignore the whole matter anyway. Like the Republicans.

Lynnette In Minnesota said...

That 'defund the police' language seems to have spooked a lot of independent voters. (Not enough to save Trump though.)

Yes, the Republicans and Trump campaign did a good job with the misinformation campaign.

And they did it with donations from unwitting supporters.

Online donors were guided into weekly recurring contributions. Demands for refunds spiked. Complaints to banks and credit card companies soared. But the money helped keep Donald Trump’s struggling campaign afloat.

But you're right it didn't help Trump.

Lynnette In Minnesota said...

Happy Easter!

This year I am seeing more people getting together. I doubt they have all been vaccinated, so I hope we will not see a larger spike in cases then we are already seeing.

My group has decided to wait until the end of the month to get together. I doubt I will be completely vaccinated by then. I only just became eligible last week and getting an appointment to somewhere close by is like pulling teeth. So, unless I get the J&J one shot vaccine I will not have completed the full course by then. We'll see...

      Lee C.   ―  U.S.A.      said...

 
If there are places that allow you to sign up online--set your clock for 11:45 pm and hit them right after midnight.  Good chance you'll find that they open up a new day's signup at midnight.  (Worked for me.)

Lynnette In Minnesota said...

Meanwhile what have those Russians been up to?

Russia is amassing unprecedented military might in the Arctic and testing its newest weapons in a region freshly ice-free due to the climate emergency, in a bid to secure its northern coast and open up a key shipping route from Asia to Europe.

Lynnette In Minnesota said...

If there are places that allow you to sign up online--set your clock for 11:45 pm and hit them right after midnight.

I've heard that. I might try that.

So did you get one shot or are you going for two?

      Lee C.   ―  U.S.A.      said...

 
I'm scheduled for the Moderna vaccine--two doses, maybe a booster will be needed later.

      Lee C.   ―  U.S.A.      said...

 
      "Meanwhile what have those Russians been up to?"

They may be hoping to capitalize on fossil fuel reserves in the area as well.  (We should pray that the market for fossil fuels dries up before too long, but, in case that don't happen, they're figuring to get first bite at those reserves.)

      Lee C.   ―  U.S.A.      said...

 
I don't know if anybody else's been following this, but it appears that the Senate "Parliamentarian" has ruled that the Democrats can revisit the "reconciliation" process by offering "amendments" to the bill they originally passed via the "reconciliation" process.

Stripped of the arcane language, this means that the filibuster has just taken a major hit.  It means the rules that govern the "reconciliation" process in the Senate are broader ("as written"--a closely parsed textual interpretation), broader than anybody had realized until the Democrats noticed that the rules didn't specifically state that they could only visit the subject once.  That had always been the assumption.  That was the intent when the reconciliation rules were passed--it would be "one and done" for the rest of the budgetary term (usually one year), but it didn't actually say that.  It didn't actually contain or incorporate a specific prohibition against subsequent amendments to the one "reconciliation" bill.

So, they're now gonna try to call Biden's proposed $2 Billion+ infrastructure bill an "amendment" to the already passed $1.9 Billion dollar "recovery" package.  And they're gonna try to pass it with a simple majority vote.  Gonna be a big deal if it works.  It'll mean the power of the filibuster just got massively trimmed down.  Vox

Lynnette In Minnesota said...

McConnell seems a little irritated that businesses are weighing in on Georgia, and other states, election law changes.

He thinks businesses should stay out of politics.

Senate Minority Leader Mitch McConnell warned big businesses they would face "serious consequences" after accusing them of employing "economic blackmail" in attempts to influence voting laws as the backlash over Georgia's elections law that imposes voting restrictions intensifies.

I haven't posted anything humorous lately, so I thought it was time.

Lynnette In Minnesota said...

I'm scheduled for the Moderna vaccine--

My sister and sister-in-law got that one. As far as I am aware there were no issues for them.

Lynnette In Minnesota said...

We should pray that the market for fossil fuels dries up before too long, but, in case that don't happen, they're figuring to get first bite at those reserves.)

If for some reason they acquired a monopoly on those reserves it would just be an incentive for us to convert to alternatives or increase our production in the Dakotas.

I would be more concerned about them having control of any waterways that open up for shipping.

Lynnette In Minnesota said...

Gonna be a big deal if it works.

I'll say! That would be kind of like pulling the rug out from under McConnell & Co.

      Lee C.   ―  U.S.A.      said...

 
      "I would be more concerned about them having control of
      any waterways that open up for shipping."


Long as we control one bank of the Bering Strait they'll not be able to control shipping across the "Northwest Passage" (as it used to be called back when folks were hoping for it; actively looking for it, hoping hard, back when it wasn't there).
The eastern end of the Passage is wide open; it borders no Russian territory--and we hold one bank on the western strait.

                           ––––––––––––––––––––––––––––––––

      "That would be kind of like pulling the rug out from under
      McConnell & Co."


Yeah, he'll be having bigger problems than he can rant away with shots at Major League Baseball, kneeling football players or trannys in high school locker rooms.  And his recent threat to invoke a "scorched earth" program of Senate disruption will likewise take a major hit.  The 'reconciliation' route won't be invokable for things like voter suppression or gerrymandering or any of their right-wing culture warrior stuff, but that itself will make their life harder than it is now (and McConnell's already worried 'bout that, else he'd not have been making the threats he's been making and ranting the rants he's gone in for here of late).  Once the culture warrior stuff is thus procedurally isolated from the rest of their package they're gonna have an even harder time keeping their teetering coalition upright.
This is the price McConnell must now pay for not standing up to Trump when Trump trashed Republican economic orthodoxies.
The differences between the "base" (xenophobic/supremacist) Republican voters and the corporate ("Establishment") Republican wing has been exposed and thoroughly aired.  McConnell doesn't know how to undo that deed.  Losing the filibuster on economic matters but not on the culture war stuff will only make that difference clearer the longer the separate rules apply.

      Lee C.   ―  U.S.A.      said...

 
Freshman Trumpkin Representative (and QAnon groupie) from Georgia, Marjorie Taylor-Greene has pulled down the previously unheard of sum of $3.2 million dollars in donations during her first three months in office.  (Forbes)

McConnell ain't gonna be turning these people back.  He ain't gonna take the remaining vestiges of the Republican Party back from these people, even if Trump has gone away.

He might just as well get his head wrapped 'round that piece of truth now.

Marcus said...

I’d usually feel inclined to side w the cop in cases like these, but I’ve been confronted with some videos recently that has made me rethink. This is one of those instances. (The other was that asshole cop who shot a man running away from him in the back when he posed no threat just bc the guy had knocked the taser outta the cops hand)

Why the hell did Chauvin think it necessary to kneel on Floyd’s neck for that long when Floyd was already handcuffed and sufficiently incapacitated? I don’t think that is excusable.

I think murder is a bridge too far, but involuntary manslaughter might be the best sentence. And then sentence at the lower side of the spectrum for that crime since we acknowledge that Floyd was drugged up and did resist a law enforcement officer, or several, doing their jobs. But there really should be a prison term here I think.

Lynnette In Minnesota said...

Why the hell did Chauvin think it necessary to kneel on Floyd’s neck for that long when Floyd was already handcuffed and sufficiently incapacitated? I don’t think that is excusable.

No, it is not. That video and all of the expert testimony against his actions should make that clear to the jury. Chauvin's rather unflappable demeanor seems to stress his unconcern.

But there really should be a prison term here I think.

I think there are people who would agree with you on that.



Lynnette In Minnesota said...

McConnell ain't gonna be turning these people back. He ain't gonna take the remaining vestiges of the Republican Party back from these people, even if Trump has gone away.

I am more concerned with taking our country back. I don't care about McConnell.

Lynnette In Minnesota said...

Now wouldn't you think that if they listed open appointments they would actually have vaccine in stock? Why bother!

      Lee C.   ―  U.S.A.      said...

  
      "…since we acknowledge that Floyd was drugged up
      and did resist a law enforcement officer…"


Even assuming all of that be true, just for the sake of argument, none of it constitutes either a valid legal defense or a valid 'mitigating' circumstance.  Not under American law.
Nor would any of that make Chauvin's actions and reactions anything less than fully voluntary.
The real problem we've got here is that Chauvin, and seemingly Marcus as well, believe they're entitled to get away with this shit, 'cause they've always gotten away with it.
(Marcus is willing to allow that Chauvin maybe went too far on account of the victim died this time (he'll be willing to call that outcome "involuntary"), but he seems to be otherwise fully down with the police meting out non-fatal corporal punishment on the 'second-class' population as and when the cops so choose.)
                           ––––––––––––––––––––––––––––––––
(Long time ago we told Petes that cellphone videos were gonna make a real change in the assumed impunity that cops (American Cops at least) assume is their just and proper due when dealing with those they perceive to be second-class members of society (or lower).  Petes disagreed.  He was wrong.  The cops may still think the traditional immunity is their due, but they can't assume that'll hold up anymore.  Chauvin's just a start, tip of the iceberg.  The change is coming.)

                         ––––––––––––––––––––––––––––––––

      "I am more concerned with taking our country back."

The two questions are interrelated.

                         ––––––––––––––––––––––––––––––––

      "Why bother!"

I'd guess they're hopin' to get the vaccine back into stock before the appointed time rolls 'round.

      Lee C.   ―  U.S.A.      said...

 
Not content with the Trumpkins' new culture war against Major League Baseball and Delta Airlines, Tucker Carlson has launched a second front against United Airlines.  FoxNews

Lynnette In Minnesota said...

Okay, so maybe there are still some sane Republicans.

A top Georgia Republican said Wednesday that Rudy Giuliani's false claims of election fraud -- which were presented before state lawmakers -- created momentum for a package of voting rights restrictions that recently became state law.

"This is really the fallout from the 10 weeks of misinformation that flew in from former President Donald Trump," Georgia Lt. Gov. Geoff Duncan said on CNN's "New Day." "I went back over the weekend to really look at where this really started to gain momentum in the legislature, and it was when Rudy Giuliani showed up in a couple of committee rooms and spent hours spreading misinformation and sowing doubt across, you know, hours of testimony."



Now if just more of them would listen.

Kentucky Democratic Gov. Andy Beshear signed a bipartisan-supported bill into law on Wednesday that expanded voting access by codifying election recount procedures, online absentee ballot portals and early voting procedures -- an exception to the GOP efforts nationwide to overhaul state election rules in the wake of the 2020 election.

"Today is also a good day for democracy, a good day for elections," he said. "I want to start by talking about voting -- about how when much of the country has put in more restrictive laws -- that Kentucky legislators, Kentucky leaders were able to come together to stand up for democracy and to expand the opportunity for people to vote."
The bill, HB 574, passed 91-3 in the state House and 33-3 in the state Senate before going to Beshear's desk last week. Both chambers of the Kentucky Legislature are controlled by Republicans.


Interesting that this happened in Kentucky.

Lynnette In Minnesota said...

The two questions are interrelated.

Indeed.

Lynnette In Minnesota said...

The change is coming.

I think so too. Maybe my state can play a small role in that. We'll see...

Lynnette In Minnesota said...
This comment has been removed by the author.
Lynnette In Minnesota said...

Some time back I did a post about 3 things that I felt would be turning pointsfor our world. One was the impeachment of Donald Trump, another was the virus and a third was Brexit.

We all know what happened with the impeachment trial and the virus. Now I suspect we may see what happens with Brexit.

      Lee C.   ―  U.S.A.      said...

  
      "… and a third was Brexit."

I may reconsider later, as I learn more, but….  That looks to me, at first blush, like some 'Unionist' Irish way too eager to find some trouble they can stoke.

Marcus said...

Lee

” Even assuming all of that be true”

You don’t need to assume. Floyd had both opioids and meth in his system and he very clearly refused arrest. That’s a fact, not an assumption.

Lee:

“ The real problem we've got here is that Chauvin, and seemingly Marcus as well, believe they're entitled to get away with this shit,”

No, you asshole, I said plainly that I believed Chauvin should be made to serve prison time over this.

What I did say is I believe it was involuntary manslaughter and not outright murder. Because I just can’t believe Chauvin meant to kill Floyd and get away with it.

      Lee C.   ―  U.S.A.      said...

 
You misunderstood me.  Perhaps intentionally, perhaps not.

I got the part where you were willing to consider Chauvin's crime to "involuntary" on account of he didn't intent to actually kill Floyd (I think you have absolutely zero evidence to support that assumption, but I get that you've decided to accept it as proven without evidence--I understand that part.  Personally, I'm inclined to believe the murder was intentional, but not premeditated--he knew Floyd and didn't like him, and he took his shot when he thought he had the free shot is my guess.  But, I understand that you're taking it as proven that the murder was unintentional.)

However, Chauvin was not legally allowed to decide on his own that he could punish Floyd.
When Floyd quit resisting (and the evidence from the experts is that Floyd was dead for minimum 2½ minutes before the ambulance crew could get Chauvin off of his neck), when Floyd quit resisting Chauvin was obliged to quit throttling him.  Chauvin had no legal right to continue to punish Floyd past that point.  The presence of trace amounts of drugs in Floyd's system doesn't give Chauvin a legal right to punish Floyd either.

Chauvin obviously believes otherwise.  You fairly obviously do as well.  You're both wrong.  (Wrong under American law--you'll have to convince me it's okay under Swedish law, and that won't make any difference anyway, 'cause Minneapolis ain't in Sweden.)

      Lee C.   ―  U.S.A.      said...

 
Fixing typo:

      "…you were willing to consider Chauvin's crime to be
      'involuntary'…"

Lynnette In Minnesota said...

That looks to me, at first blush, like some 'Unionist' Irish way too eager to find some trouble they can stoke.

Well I suppose time will tell. But this is the kind of thing that can start with small actions that escalate into something bigger once people's emotions are stirred up.

Lynnette In Minnesota said...

Because I just can’t believe Chauvin meant to kill Floyd and get away with it.

Personally I think Chauvin was on a power trip and didn't care whether he killed Floyd or not. I think you were right when you said he deserved prison time. It's just a question of how long.

      Lee C.   ―  U.S.A.      said...


      "…and didn't care whether he killed Floyd or not."

I believe 'reckless disregard for the life of another' is the more common legalese phrasing for what you're describing.  Although the phrasing does vary state to state, as do the precise boundaries of the proscribed activity and the precise elements they'll need to prove.

Lynnette In Minnesota said...

It looks like Matt Gaetz is doubling down and refusing to go quietly. Trump's legacy. I suspect we will see others who have learned the tactic.

I have noticed of late that there are more letter writers in my local paper standing up to some of the Trump legacy nonsense that is still circulating around my area. It is a good thing, I think. I hope some of the reasoning will sink in eventually. But I will not hold my breath.

      Lee C.   ―  U.S.A.      said...

 
      "I suspect we will see others who have learned the tactic."

I 'spect that's probably correct.  I read that Gaetz is getting continued support among his heavily Trumpkin voters back home.  (Although, FoxNews isn't confident he'll survive; they've already ditched him--he used to be almost ubiquitous over there, and now he's not even a memory.  He could reappear if he doesn't get indicted here in the next several weeks, but, for now, he's a non-Fox Trumpkin.)
                           ––––––––––––––––––––––––––––––––
Al Frankin must get irritable some mornings upon reading these headlines.

Lynnette In Minnesota said...

Al Frankin must get irritable some mornings upon reading these headlines.

Indeed.

The hypocrisy of Republicans is amazing. The idea that we may get stuck with these people in charge of government again is horrifying. The lack of integrity and incompetence is disgusting.

      Lee C.   ―  U.S.A.      said...

 
Running close behind Marjorie Taylor-Greene (Wed Apr 07, 10:36 am ↑↑), Josh Hawley, the right-wing-crazie freshman senator out of Missouri, has drawn in $ 3 million in campaign contributions during his first three months of collections.  Politico

McConnell's not gonna get control over these people.  They have independent resources.  He's gotta be figuring that out by now.

Lynnette In Minnesota said...

The GOP in general seems to be running scared of Gaetz. Even Trump's aides denied him a meeting with Trump.

Lynnette In Minnesota said...

Another police officer involved shooting yesterday in Brooklyn Center, a suburb north of the Cities.

There was some looting in that area after the shooting. The National Guard was called in. In an initial assessment the Police Chief is saying it appears accidental. He thinks by the commands given by the officer that he had intended to reach for his taser, not his gun. The gun is carried on the officer's dominant side, the taser on his weak side. If the officer meant to use his taser then it appears that his "muscle memory" wasn't very well trained.

I guess we'll see.

Lynnette In Minnesota said...

The man the officer stopped was killed.

      Lee C.   ―  U.S.A.      said...

 
I was under the impression that the cop shot through the rear window of the car as the "suspect" drove away.

      Lee C.   ―  U.S.A.      said...

 
I've seen video that corrects my first impression about the cop shooting through the back window.  Instead, it appears the cop tried to mace the guy in middle of his chest, a heart shot with the mace.  An unusual use I'd think.

      Lee C.   ―  U.S.A.      said...

 
Oh, wait, taser not mace--well that makes more sense.  (Not enough to end the questions, but it makes more sense than the "mace" story.)

      Lee C.   ―  U.S.A.      said...

 
As in most things, the modern Republican Party is divided from the American majority in its view of the trial of Derek Chauvin.  Slate

Lynnette In Minnesota said...

Like all stories, this one is different then first told.

1. The police stopped the car for an expired license, not an air freshener.

2. After they stopped the car they found out there was a warrant out for his arrest after he did not appear at a scheduled court date. The court date was pertaining to a firearms violation, not an armed robbery.

3. At first it appears he cooperates with police when they try to arrest him, but then struggles to get back in the car and leave. Two officers try to restrain him but then the third officer pulls out what she thinks is a taser and shouts "taser, taser" as a warning, then fires. She fires one shot, and yells something like "Oh God, I shot him". That part keeps getting bleeped out.

The police officer is a 26 year veteran who was actually riding along to train another officer.

Why she couldn't tell a Glock from a taser is a big question, especially for a veteran. But also until he tried to leave there wasn't anything untoward in the police officer's behavior. A very sad case for everyone.

Lynnette In Minnesota said...

Protestors out tonight in Brooklyn Center, where Daunte Wright was killed.

      Lee C.   ―  U.S.A.      said...

 
      "After firing a single shot from her handgun, the car speeds
      away, and the officer is heard saying, ‛Holy s---! I shot him.’"
      Politico


                           ––––––––––––––––––––––––––––––––

Biden may have found a solution to our problem of ‛getting back out’ of the regional, generations-long wars that Republican presidents have been getting us into.  Last couple of wars the Republicans have solved their problem by agreeing with the enemy to a withdrawal date at some point in time during their Democratic successor's term in office.  (Bush agreed the U.S. would withdraw from Iraq during Obama's first term in office.  Trump agreed the U.S. would withdraw from Afghanistan during Biden's first term in office.)  Then, when (and if) the Democrat goes ahead and honors the agreement the Republican made, the rest of the Republicans denounce the Democrat for ‛losing the war’.  (This trick actually started with Tricky Dick Nixon, back in in 1973, when found his "Peace with Honor" and negotiated his way out of the War in Vietnam--and stuck the country and his successor, Gerald Ford, with the fall of Saigon--and managed to escape blame for the ending he'd agreed to.)

Biden's figured out an answer for that.  He's just yesterday, unilaterally, and very publicly, leaked that Trump's agreed upon date is too soon and we'll be in Afghanistan another six months longer than Trump agreed to--in order to give the current Afghan government a little more time to get its shit together.  Announcing the move in advance means the Republicans have to denounce Biden (and, by implication, denounce Trump) before Biden pulls the troops out.

The Republicans haven't figured out how to attack this move--not yet anyway.  (Mitch McConnell has already denounced the withdrawal as ‛precipitous’, but even he didn't seem to think there was much chance of gettin' any traction with that line.)  But, they're still workin' on it.  They've got 'til September to figure somethin' out.

                           ––––––––––––––––––––––––––––––––

David Frum (ostensibly still a Republican so far as I know) writes in TheAtlantic that today's Republican voter suppression drives are likely to suppress participation by tomorrow's Republican voters.  He thinks it's likely gonna backfire on 'em in the very near future.

      Lee C.   ―  U.S.A.      said...

 
NewYorkTimes:  Article claims that the Capitol Police had advance warning that the Capitol Building and Congress were the targets for the January 6ᵗʰ insurrection.  (The official word from the Capitol Police has been to the contrary prior to this--they claimed to have been taken by surprise when the rioters attacked the government rather than attacking the Antifa people who weren't even there; doesn't make sense but that's been their story.)  I'm not sure how much difference this makes now.  The top leadership in the Capitol Police have already been fired and replaced.

Marcus said...

Lee: “when Floyd quit resisting Chauvin was obliged to quit throttling him. Chauvin had no legal right to continue to punish Floyd past that point.”

You’ve got me completely wrong here BC I don’t think Chauvin should’ve done any throttling at all, since Floyd was cuffed behind his back. He could have just stood by and waited for Floyd to calm down and maybe gently pushed him back down if he tried to stand up. A person lying down w hands cuffed behind his back is already immobilized. You most certainly do not need to kneel on his neck.

Lee :The presence of trace amounts of drugs in Floyd's system doesn't give Chauvin a legal right to punish Floyd either.:

I just brought that up since you brought it up and seemed to question it.

Lee : “Chauvin obviously believes otherwise. You fairly obviously do as well.”

What in anything I wrote leads you to believe that?

      Lee C.   ―  U.S.A.      said...

 
      "I just brought that up since you brought it up…"

No, I did not "bring it up".  You did.

      "And then sentence at the lower side of the spectrum for that crime
      since we acknowledge that Floyd was drugged up and did resist a
      law enforcement officer, or several,…

      Marcus @ Wed Apr 07, 10:42 am ↑↑
     
Once again.  None of that serves as a valid 'mitigating' circumstance.  It should have absolutely no effect on Chauvin's culpability nor on his prison sentence.  You're just flat wrong.  All directions, you're wrong.  You think it makes a difference as to Chauvin's blameworthiness.

      "What in anything I wrote leads you to believe that?"

Do I need to show you your own post once again?  You need me to paste that here twice?
Not a problem.  I can do that.
 
      "…involuntary manslaughter might be the best sentence. And then
      sentence at the lower side of the spectrum for that crime since we
      acknowledge that Floyd was drugged up and did resist a law
      enforcement officer, or several, doing their jobs."
 
      Marcus @ Wed Apr 07, 10:42 am ↑↑

You back up to speed on what you wrote now?

      Lee C.   ―  U.S.A.      said...

 
Nothing "involuntary" about what Chauvin choose to do; he did what he did 'cause he wanted to do it.  And none of what you mention in that quote serves as justification nor mitigation of what he did either.  You're just wrong.  All wrong; all the way through; completely wrong.

      Lee C.   ―  U.S.A.      said...

 
      "But there really should be a prison term here."

Well, that part ya got right, but that's about it for you bein' right on this subject.

      Lee C.   ―  U.S.A.      said...

 
Breaking news:  Kimberly Potter, the white female police officer who shot and killed Duante Wright in a Minneapolis suburb on Sunday (and who subsequently resigned from the police department) will be charged with second degree manslaughter.  NewYorkTimes

Lynnette In Minnesota said...

A gathering crowd in Brooklyn Center again tonight. We are seeing a curfew again for that city and the surrounding cities. Chilly out tonight. Feels like winter is back.

Lynnette In Minnesota said...

I finally got an appointment for the first shot of the vaccine. I will be getting the Moderna vaccine tomorrow.

Lynnette In Minnesota said...

People who don’t like integration, or who don’t acknowledge discrimination, have consolidated in the Republican Party. And they’re losing touch with the rest of America.

What is interesting is that the Republican Party will not just run afoul of your average American but also of businesses. Businesses are starting to step up and make clear that they support all voters' right to vote.

At some point in time the Republican Party will have to face the fact that they are on the wrong side of history. Because there are still people in this country who are willing to stand up in support of democracy.

      Lee C.   ―  U.S.A.      said...

 
      "I will be getting the Moderna vaccine…".

Congratulations.  Immunity begins building within the first week to ten days from the first shot.

      "At some point in time the Republican Party will have to face
      the fact that they are on the wrong side of history."


They think they have a decent shot at locking in their structural advantages for long enough to allow them to entrench themselves as a permanent governing minority and to depose democratic self-government entirely.  (There is a chance they're correct on that.)  They see no chance of maintaining their power absent their final overthrow of the American experiment in self-government, so, nothin' to lose; might as well go for it.

      Lee C.   ―  U.S.A.      said...

 
Post Script:

      "At some point in time the Republican Party will have to face
      the fact…"
, and etc.

It occurs to me to mention that one of the biggest reasons that the Republican Party must try to entrench its current policy positions and current power structure rather than simply adjusting its policies and its message to the new world realities and new American demographics is that the Republican Party is no longer in charge of its own PR and messaging functions.  They farmed that out to FoxNews years ago.  And they don't know how to take it back.

And FoxNews' ultimate priorities are clicks on the mouses and eyes onscreen (and the advertising dollars that follow those things); FoxNews' driving priorities are not voting majorities, but eyes onscreen and clicks on the mouse.  FoxNews makes more money as an emotional outlet for an outraged minority than it would as mouthpiece for a governing majority political party in a functioning democracy.  (The outraged and fearful tend to keep coming back, again and again.)  And the Republican Party is now stuck with that problem; they have no way to end their dependence on Rupert Murdoch and his FoxNews (his not theirs).  They must now conform their politics to the message that sells advertising for FoxNews.  Anger and fear sell advertising.  Trump pulls in more viewers than did Jeb Bush.

      Lee C.   ―  U.S.A.      said...

 
Case in point, Rupert Murdoch doesn't want tax increases on his corporations nor his vast personal wealth, so FoxNews is adamantly opposed to Joe Biden's proposed new taxes.  However:

      "Republicans’ quibbling about the definition of infrastructure
      has largely fallen on deaf ears. Voters generally have more
      expansive definitions for infrastructure, which in their minds
      includes schools (70 percent say it’s infrastructure), child care
      (53 percent), manufacturing (69 percent), water pipes (78
      percent), Internet (68 percent), housing (69 percent). Biden’s
      overall plan gets 57 percent approval, with only 24
      percent disapproval. Mention an increase in corporate
      taxes, and support climbs to 62 percent.
"
      WashingtonPost
(Op-Ed; emphasis added)

Nevertheless, Mitch McConnell has vowed that there will be zero Republican votes for that package so long as he's Minority Leader.

Lynnette In Minnesota said...

Congratulations. Immunity begins building within the first week to ten days from the first shot.

Thanks. It seemed to go fine. So far no ill effects.

Yes, he said that after 2 weeks I will be at 60% for coverage.

Lynnette In Minnesota said...

They think they have a decent shot at locking in their structural advantages for long enough to allow them to entrench themselves as a permanent governing minority and to depose democratic self-government entirely. (There is a chance they're correct on that.)

A very worrisome thought. It has been known to happen elsewhere. It would be devastating for the world if it happened in America. There would no longer be that shining beacon on a hill.

Lynnette In Minnesota said...

It appears that both the prosecution and the defense have rested in the Chauvin trial. I have not been viewing it like I thought I would. But I will watch the closing arguments.

      Lee C.   ―  U.S.A.      said...

 
They're putting off closing arguments 'til Monday.  The judge seems to be expecting some lively and time consuming discussions over jury instructions to take up a good part of the day today.
Well, the jury will get a three day weekend then, instead of being sequestered over the weekend.

      Lee C.   ―  U.S.A.      said...

 
Looks like Chicago is gonna be the next ground zero for the recurring "Cop shoots unarmed black man" story--'cept this time the cop shot an unarmed black kid--13 years old.

      Lee C.   ―  U.S.A.      said...

 
Ted Cruz has pulled down even more money than Josh Hawley in the first fundraising quarter of the year.  Cruz comes in second to Marjorie Taylor-Greene now.  She pulled down $3.2 million; Cruz pulled down $3.1 million; Hawley pulled down $3.0 million.  (Neither Cruz nor Hawley are up for reëlection in 2022; they're raking in this money for their 2024 campaigns.)

The Republican crazies are the ones drawing all the cash.  They don't need Major League Baseball's money.

Lynnette In Minnesota said...

I believe Adam Toledo, the 13 year old boy the police shot and killed, was Latino.

Lynnette In Minnesota said...

Meanwhile the police have come up against this.

I would think that this would also speak to beefing up gun control. There is no reason someone would need an AK47. Obviously that is not a good thing for police as well as private citizens.

      Lee C.   ―  U.S.A.      said...

 
      "…Latino."

It appears you are correct.  (I got the Chicago part right.)

Anonymous said...

We know that Black Lives Matter.
We know that white lives do not matter.
But do Latino lives matter?
I am not sure we have a definitive answer to that as of yet.

      Lee C.   ―  U.S.A.      said...

  
Headline:  "Misinformation Is Destroying Our Country. Can Anything Rein It In?"

Subcaption:  "Trump is gone, but the right-wing media is alive and well—and will further undermine our democracy if we let it."

It's fairly long and meanders a bit, and it has no answer to the questions it poses.
But, it does explain and to some extent document the incentives in the right-wing media world to promote what they know is misinformation and false narrative.  (Doesn't get into why so many Trumpkins 'believe' it with such fervor when so many of them know it to be false, but I guess that's another question for another time.)

Lynnette In Minnesota said...

That site wants me to subscribe or login.

Anyway, I think I have read something along those lines before. I also don't know the answer to media distortions of facts or those people who are ready to go along with the...er...hoax.

For democracy to work you have to have enough people who are willing to make the effort to . Our country is only as strong as our collective actions.



Lynnette In Minnesota said...

We know that Black Lives Matter.
We know that white lives do not matter.
But do Latino lives matter?
I am not sure we have a definitive answer to that as of yet.


Perception is everything.

      Lee C.   ―  U.S.A.      said...

 
      "That site wants me to subscribe or login."

Must be one of those sites that discriminates according to where you acquired the link (looks for the tracking cookie from an approved "feeder" site.)  'Cause it made no such demand on me.

      Lee C.   ―  U.S.A.      said...

 
NASA's "Ingenuity" Mars helicopter had a successful test flight this morning.  Setting back down in one piece (which was the test to be passed this morning, fly up and set back down in one piece).  Hooray for us!

Lynnette In Minnesota said...

NASA can still get the job done. Hooray for science!