Posted on 08/30/2020 7:42:17 PM PDT by Mariner
A defense attorney for the fired Minneapolis police officer charged with murder in connection with the death of George Floyd is asking a judge to drop all charges, arguing the 46-year-old man's death was allegedly from a drug overdose and not caused by the officer planting his knee in the back of Floyd's neck.
Defense attorney Eric J. Nelson filed the motion in Hennepin County, Minnesota, District Court on Friday, claiming prosecutors have failed to show probable cause for charging Derek Chauvin with second-degree unintentional murder, third-degree murder and second-degree manslaughter. Chauvin has pleaded not guilty to the charges.
Nelson contends Chauvin acted on his training from the Minneapolis Police Department (MPD) in the use of a "Maximal Restraint Technique" and did so out of concern that Floyd might harm himself or the officers struggling to arrest him.
The Minneapolis Police Department policy on "Maximal Restraint Technique" says it "shall only be used in situations where handcuffed subjects are combative and still pose a threat to themselves, officers or others, or could cause significant damage to property if not properly restrained."
Nelson also included Minneapolis Police Department training materials on the proper use of the "Maximal Restraint Technique," in which photos show demonstrations of officers simulating putting their knee on a handcuffed subject's neck. Nelson argued the training material appeared to contradict a statement made shortly after the incident by Minneapolis Police Chief Medaria Arradondo that he had not seen "anything that says you place your knee on someone's neck when they're facedown, handcuffed."
"Thus, any risk created by Mr. Chauvin's conduct lies largely with those who train MPD officers and those who approve such training," Nelson wrote
...autopsy conducted on Floyd that found fentanyl and methamphetamine in his system...
(Excerpt) Read more at yahoo.com ...
The societal repercussions could be enormous.
I'm just glad he's going to fight.
Here we go. Buckle up.
The cops did nothing wrong. They went by the book. He died of a drug overdose and he KNEW he was going to die.
He’s going to walk because the prosecutor overcharged then what?
The cop shouldn’t have to argue anything.
The autopsy report was quite clear that the knee had nothing to do with anything.
Straight up drug overdose.
We’ll see what happens then.
Whatever it is, it will be big.
The emotions are at least as high as the Civil War times.
bkmk
I would not bet on that.
Too likely that he will be sacrificed “For the greater good of society”.
Plenty of historical precedent, see Breaker Morant and Rule 303 for just one example.
MANY more if you look.
Notice how prosecutors asked for enhanced penalties. This is to force a plea deal. I’m not in his shoes, but I’d fight it all the way
There is no point in a jury worrying about fallout if they find the officers not guilty. The left has overplayed their hand. It is hard to threaten to have riots when riots have continued unabated since May.
The thing that triggered these riots was the MSM reporting of the Floyd demise and spiking the facts behind his condition at the time. Because of that getting those facts out are desperately needed
Why not print this up and pass around in your precinct
Get News about corruption spiked by MSM
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The democrat controlled media racist killing reporting was a deliberate miss portraying of the six foot seven inch 200 plus pound Floyd as an innocent black who was being forceably restrained because he was black not because he was resisting arrest.When He was legitimately arrested for passing a counterfeit $20 dollar bill he was resisting arrest and was a threat if not secured. But the media was not mentioning his size or reporting that Floyd was removed from a squad car because he was acting up under the influence of drugs and also later was discovered to have COVID 19. Which suggests his physical condition may have led to his death which the media turned into a murder change and a charge of serious abuse by police because of police efforts that were tried to get him who under control. Check out
http://www.freerepublic.com/focus/f-news/3853159/posts
http://www.freerepublic.com/focus/f-news/3855598/posts Latest post
further confirmation here http://www.freerepublic.com/focus/f-news/3865226/posts
http://www.freerepublic.com/focus/f-news/3850910/posts Floyd on drugs
http://www.freerepublic.com/focus/f-news/3851693/posts (confirm had covid19)
http://www.freerepublic.com/focus/f-news/3852373/posts (2 cops were trainees)
http://www.freerepublic.com/focus/f-news/3852275/posts#16 neck hold use world wide
http://www.freerepublic.com/focus/f-news/3863889/posts Floyd complained 20 times
http://www.freerepublic.com/focus/f-bloggers/38723395/posts more facts
This posting has comments that reveals that both the arresting officer and Floyd knew each other and had worked together in bar security
http://www.freerepublic.com/focus/f-news/3851100/posts
If Obama had urged blacks to believe in the justice system and comply with the police would we be confronting his use of creating racial division now ?
The results of politically induced miss reporting incidents where blacks have resisted legitimate arrest began to be used earlier during and after the post Zimmmerman trial, then on to the Ferguson episode. Obama’s abuse of the “Bully Pulpit” which seemed to promote resistance to legitimate arrest led to black gangs attacking non blacks found innocently traversing black neighborhoods and to a score of murders or life changing injuries and later attacks of theft and vandalism on local businesses as well as attacks and murders of police officers during that period
“He’s going to walk because the prosecutor overcharged then what?”
That would be Rodney King times 10.
Different crimes of different severity are often pled in criminal cases. Might be the required procedure of the jurisdiction.
As the elements of the lesser charges are included in the greater charges, one cannot be convicted of both. Should the charges stand through trial, jurors will be instructed to consider them in order from the top down. If you find that the evidence supports x, y, z, a, b, and c, then find murder 1. If not consider elements x, y, z, c, and d, that support murder 2, etc. You may have heard the term “lesser included offenses” - armed robbery includes the elements of armed assault. A defendant will not ordinarily be convicted of both for the same act.
Uh yeah the knee was on his back not his neck.
He died of his drug OD and multiple medical problems
It’s amazing you hold yourself to be a doctor and don’t bother to try to know the difference between back and neck. So you lie.
Just like these lies
Since you seem to like to disrupt threads and not answer. We will come find you on the threads you post
For those who don’t know Kozak has been posting awful misinformation on the Flubro thread
He was posting images of head up the ass until Jim Rob told him to pull his own head out.
He continues to bomb the thread in disruption then runs away like a little girl
There is a video of Floyd in Judge Judy’s court when he was 17 & had car jacked a car from a lady-—shoved her down—and crashed the car while trying to out run the police.
Floyd was a criminal ALL of his life.
AND-—The black community reveres him.
Certainly NOT the standards of a peaceful group.
Ah, mkay. My understanding was usually that the DA could file the one charge, then the jury could reduce it if they find it meets a lesser crime. But if the prosecution can file every level of charges, why wouldn’t they do that for every case just in case they do lose the big murder charges? Auto-try for every charge rolling down until they get one the jury accepts..
Some courts automatically consider LIOs based on the evidence. Others want it in the charging document. A prosecutor that specifies all of the LIOs is ensuring that they will be considered.
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