The Derek Chauvin Trial

Again, hopefully for the last time, it isn't about the evidence, or lack of evidence, or the 9 minute tape, or Floyd's criminal past, or what the verdict was, or what I believe about what Chauvin did. It is simply about everybody being entitled to a fair trial. I'm not defending Chauvin, and could care less if you hang him tomorrow or give him the Medal of Honor. The jury was not sequestered and certainly was exposed to the implicit and explicit threats of what would happen unless Chauvin was found guilty, which by itself taints the jury and therefore their verdict. That's not dithering, that's just expecting the courts to do their job.
The jury would have had to have been sequestered for the whole time between the death of Mr Floyd and the trial in order not to have known what was going on in the public arena re the death of Mr. Floyd. Public feeling didn't change significantly, if at all, during the trial itself. I seriously doubt the COA would overturn on the basis you are arguing.
 
The jury would have had to have been sequestered for the whole time between the death of Mr Floyd and the trial in order not to have known what was going on in the public arena re the death of Mr. Floyd. Public feeling didn't change significantly, if at all, during the trial itself. I seriously doubt the COA would overturn on the basis you are arguing.

Right, this case was news around the Globe, the Martian Rover probably picked it up too.

Fatty Arbuckle had a better chance to get off than Derek boy and he got nailed, too much press, everyone knew, it is a fact that can't be undone.
 

I did a little research on not sequestering the Jury and the issue of a fair trial. The facts seem to be it is not prejudicial to the defendant if the Jury is to be able to come and go, but one Law Professor said basically there is no universal litmus test. So, is it possible an appeals court will be swayed by it? Time holds the answer. You do not have an unvalid point, but my personal opinion is, it satisfied Due Process.
Here's another lawyer's opinion:

Alan Dershowitz
 
Exactly. In what way could the jury have been unfairly swayed by writers, commentators, politicians, or anyone else, after they had seen exactly what happened with their own eyes? Introducing that "sequestered" argument sounds like a feeble attempt to say, "Pay no attention to that man behind the curtain."

Just found this on Wikipedia:

In 2021, the jury in the Derek Chauvin murder trial was partially sequestered during the trial itself, and fully sequestered during deliberations. While the trial proceedings were ongoing, jurors were permitted to go home overnight, but parked in a secure location and were escorted between it and a private entrance to the courthouse. While at home the jurors were not monitored. The jurors were monitored at all time while in the courthouse, including during breaks and meals.[6] The jury was fully sequestered once deliberations began.[7]


 
Not being sequestered brings in the question...was he found guilty beyond a shadow of a doubt if there was even the slightest inkling that not being sequestered influence the jurors. There is the slightest inkling, otherwise it would not be being talked about here. I say mistrial.

As for Derek Chauvin, who here has not gone to work, and in the performance of your duties, you screwed up unintentially?
 
Not being sequestered brings in the question...was he found guilty beyond a shadow of a doubt if there was even the slightest inkling that not being sequestered influence the jurors. There is the slightest inkling, otherwise it would not be being talked about here. I say mistrial.

As for Derek Chauvin, who here has not gone to work, and in the performance of your duties, you screwed up?
Well... there's screwing up, and then there's SCREWING UP, CHAUVIN STYLE.
 
Not being sequestered brings in the question...was he found guilty beyond a shadow of a doubt if there was even the slightest inkling that not being sequestered influence the jurors. There is the slightest inkling, otherwise it would not be being talked about here. I say mistrial.

As for Derek Chauvin, who here has not gone to work, and in the performance of your duties, you screwed up unintentially?
Sure, but not for nine minutes with my knee on someone's neck while people were screaming at me that I'm killing a man.
 
Not being sequestered brings in the question...was he found guilty beyond a shadow of a doubt if there was even the slightest inkling that not being sequestered influence the jurors. There is the slightest inkling, otherwise it would not be being talked about here. I say mistrial.

As for Derek Chauvin, who here has not gone to work, and in the performance of your duties, you screwed up unintentially?
The actual measure here is beyone a reasonable doubt Chet... but that is often stated the way you did here.
 
Not being sequestered brings in the question...was he found guilty beyond a shadow of a doubt if there was even the slightest inkling that not being sequestered influence the jurors. There is the slightest inkling, otherwise it would not be being talked about here. I say mistrial.

As for Derek Chauvin, who here has not gone to work, and in the performance of your duties, you screwed up unintentially?
Chet, he was found guilty beyond a shadow of a doubt. What "doubt" has anyone introduced as to his guilt, since it could be seen by the jurors with their own eyes?
 
I'm sorry, but it is difficult for a defense team to refute multiple videos, and eye witness accounts. It was not just ONE video. The fact is Chauvin did what he was accused of. And he was judge guilty, by his peers. It's time to get over the fact Chauvin is guilty, PERIOD. Some can read all kinds of extraneous elements into the trail. And during the trial, was every "i" doted, and every "T" crossed? Maybe not, but did that impact the verdict, and facts in the trail? No. And as to his quilt, Chauvin attempted to plead to 3rd degree murder. Really, how do you explain kneeling on Floyd's dead body for three minutes more? How frikken more "compliant" can you get". The prosecution put on a factual, legal case, and because the defense did not prevail, does not translate into a questionable. nor unfair trial.

It is also quite evident that racism played a role in this event, and the trial.
 
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I'm sorry, but it is difficult for a defense team to refute multiple videos, and eye witness accounts. It was not just ONE video. The fact is Chauvin did what he was accused of. And he was judge guilty, by his peers. It's time to get over the fact Chauvin is guilty, PERIOD. Some can read all kinds of extraneous elements into the trail. And during the trial, was every "i" doted, and every "T" crossed? Maybe not, but did that impact the verdict, and facts in the trail? No. And as to his quilt, Chauvin attempted to plead to 3rd degree murder. Really, how do you explain kneeling on Floyd's dead body for three minutes more? How frikken more "compliant" can you get". The prosecution put on a factual, legal case, and because the defense did not prevail, does not translate into a questionable. nor unfair trial.

It is also quite evident that racism played a role in this event, and the trial.
His actual peers would be others in law enforcement.
Racism is not mentioned in the charges, otherwise he would have been charged of a hate crime.
 
Alan of course has a brilliant legal mind, but for me he's a little controversial with his opinions. In this case though I really don't see the COA vacating and remanding. It will be the same trial in a mirror, press publicity and public interaction will be even worse.
Exactly, which is why it was of paramount importance for the courts to get everything right on the first trial. Every defendant is entitled to due process and a fair trial, and I would submit that the worse the crime the greater the importance of making sure there are no lose ends. The courts failed to do so for Chauvin, and yet a number of folks on here and others are okay with that because the agree with the verdict.
 
fowler.jpg
Dr. David Fowler is a retired forensic pathologist and former chief medical examiner of the state of Maryland.


Now that the trial is over, the American medical community has turned on Dr. Fowler after being alarmed by his testimonies during the four-week legal process.

Dr. David Fowler, a retired forensic pathologist and former chief medical examiner of the state of Maryland, was put on the witness stand as a medical expert by Chauvin’s defence lawyer, Eric Nelson.

In court he said Mr Floyd’s death was caused by underlying health conditions and illegal drugs — conclusions that contradicted those of medical experts introduced by the prosecution.

Washington, D.C.’s former chief medical examiner Dr. Roger Mitchell Jr., wrote an open letter calling for investigations into Dr. Fowler’s medical license, as well as a review of the Maryland medical examiner’s office under Dr. Fowler’s leadership. At least 458 physicians across the USA have signed the letter.
 
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Buckeye, what exactly do you believe was the error in the trial? I don't pretend to know the law, but I do know that if there are errors in the trial, they have to be so significant that they would have caused the jury to acquit, or somehow alter their verdict.. Trials can have errors, we are human. In the Manson trail, Nixon made public comments as to Manson's guilt. The defense wanted a mistrial, but they were dismissed. I think they were also dismissed on appeal.
What errors did you notice?
 
View attachment 161809
Dr. David Fowler is a retired forensic pathologist and former chief medical examiner of the state of Maryland.


Now that the trial is over, the American medical community has turned on Dr. Fowler after being alarmed by his testimonies during the four-week legal process.

Dr. David Fowler, a retired forensic pathologist and former chief medical examiner of the state of Maryland, was put on the witness stand as a medical expert by Chauvin’s defence lawyer, Eric Nelson.

In court he said Mr Floyd’s death was caused by underlying health conditions and illegal drugs — conclusions that contradicted those of medical experts introduced by the prosecution.

Washington, D.C.’s former chief medical examiner Dr. Roger Mitchell Jr., wrote an open letter calling for investigations into Dr. Fowler’s medical license, as well as a review of the Maryland medical examiner’s office under Dr. Fowler’s leadership. At least 458 physicians across the USA have signed the letter.
Good on the 458 physicians, although my opinion is, too little - too late.

Where were all the physicians when this quack was still CME.
 
Jury should have been sequestered the entire time. IIRC, Manson jury was sequestered as soon as they were sworn in.
 
Jury should have been sequestered the entire time. IIRC, Manson jury was sequestered as soon as they were sworn in.

The jury still has to come and go from the hotel. They can hear people yelling, making immoral comments etc. They can see mobs, feel anger in the air, etc., unavoidable.

Aside from that, what elements do you think were contributory, he had effective assistance of Counsel, a speedy trail, available witnesses. In other words, on Appeal, they must list the reasons for appeal, what would your Assignments of error be? Is non-sequestering the only one? Were any objections by the defense overruled when they should have been sustained? Were any objections by the Prosecution sustained when they should have been overruled?
 
The jury still has to come and go from the hotel. They can hear people yelling, making immoral comments etc. They can see mobs, feel anger in the air, etc., unavoidable.

Aside from that, what elements do you think were contributory, he had effective assistance of Counsel, a speedy trail, available witnesses. In other words, on Appeal, they must list the reasons for appeal, what would your Assignments of error be? Is non-sequestering the only one? Were any objections by the defense overruled when they should have been sustained? Were any objections by the Prosecution sustained when they should have been overruled?
lol - you and Mr Dershowitz can argue about the details.
 

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