87 thoughts on “I’m No Lawyer…”

1. Great analysis, a lot of things written here and elsewhere by TC sources the rest of the country is not seeing or hearing about.

2. When I was reading the new charges (also not a lawyer), I had similar thoughts. The move to 2nd degree had to be so that the other 3 could be charged. Or, they want the prosecution to fail and start up a new round of riots. Guessing that will happen if Trump wins or loses in Nov. Hopefully they can roll up antifa by then, especially the leadership.

3. What Trial Division?
   The last time I heard about a MN County Attorney asking the AG for help Lori Swanson declined to provide assistance. As I recall, she claimed that the AG’s Office didn’t have the manpower nor expertise to assist. Pete Orput had to make the trip from Washington County to assist that prosecution.

4. I don’t know how Ellison believes charging Chauvin with second degree murder will work, except to play to the Mob. As far as charging the others, a transparent attempt to get one or more to flip and testify against Chauvin. I smell an immunity deal in the works. Could backfire if Chauvin beats all but the least of the charges. Then, of course, we’ll have another Ferguson effect crime wave. Much larger this time. In blue cities like MSP, Portland, Seattle, New York, and Chicago it will be worse because the thugs believe the cops literally and figuratively can’t touch them. There will be more cop-baiting with dozens of iPhones ready to video the first indiscretion. If I weren’t so terrified of firearms, I might purchase an AR-15 and visit gun ranges learning how to shoot it.

5. To be fair, MBerg, your readers are probably unusually tolerant of prolonged disappointment.

6. I’ve been looking over the Floyd autopsy report. More detail later, but these things stand out: very large serum level of Fentanyl and Norfentanyl. The kind you’d expect in a patient undergoing anesthesia. I’d expect the defense to make a lot out of that. Plus, THC (duh) and methamphetamine. Personal note: I got a fentanyl plus Versed “cocktail” for colonoscopy and can report the effects are profound.

7. I don’t know that having one of the other cops flip on Chauvin would do any good. What would they say?
   I am wondering what a prosecutor’s case against Chauvin would look like. You can’t bring up the cause of Floyd’s death w/o discussing his other issues, like drug use. You can’t bring up Floyd’s sterling character w/o discussing his conviction for a home invasion robbery.
   The Left always picks crappy people to be their heroes.

8. 3rd degree murder with a probable cause complaint was the placeholder charge that everyone was demanding to lock Chauvin up immediately.  2nd degree murder in the commission of a felony is the right charge now. Its not a loser. I’ll bet meaningful adult money they get a conviction.

   Freeman’s “relief” probably does not overshadow his ego and sense of self righteousness that seemed to claim he was the only one in the world who could deliver justice in this case.

   The ‘mobs” interests are aligned with justice.  There’s nothing Ellison has done that was an intemperate sop to “the mob”.  The mob wants a 1st degree murder charge… Ellison isnt going to charge him with 1st degree murder, because it doesn’t fit.

   I agree with Emery, the sensibilities among the readers here are horseshit.  You really want to find a way to root for Chauvin and the MPD.  That’s because of cultural alignment.

9. Just re read the post and comments to see where anyone was cheering for the cops to get off. Didn’t see anything. What is happening is that people that are not lawyers are asking for knowledge as they try and figure out what exactly is happening. And discussing impact on the trial.

   Reading comprehension is a wonderful thing

10. I’ll take your bet, Kraphammer. Your $50 goes to the Virginia Citizens Defense League when this case flops.

    My $50 goes to whatever degenerate cause you fancy if the lynching is successful.

    We send a money order (you probably bank at a check cash service) to Berg (email him for an address) for disbursement and verification of payment.

    Put up, you wretched big mouth.

11. Or, call and raise, asswipe. I’m your Huckleberry.

12. 2nd degree murder in the commission of a felony is the right charge now. Its not a loser.

    I notice that you do not say what felony Chauvin was committing by restraining Floyd.

13. Ellison’s office will want to overcharge to satisfy the lynch mob, then, When Chauvin is acquitted, Ellison will blame “systemic racism.” We’ve been down this road before.
    I spent my teenage years living in South Minneapolis. I am a West High graduate, fer God’s sake. My advice to all people, including black people, is, if they can, to avoid the parts of town with significant black population, and if you live someplace that gains a significant black population, move elsewhere.
    I don’t care if the problem is systemic racism inflicted on blacks by whites, or social pathology perpetuated by blacks themselves, you ain’t gonna fix it.

14. Politics can override statute. When Sen. Vanilla Fluff was prosecutor, she wanted to show she had some sand in her granny-panties and got a life sentence for a kid accused of inadvertently killing a bystander (or homework doer) in the commission of a felony. That would seem to be 2nd Degree under the statute, but the kid is doing life, which would be a 1st degree murder sentence.

    I recall as well that there were many unhappy with the 3rd degree murder charge Noor received (after 8 months of waiting) in the Damond killing, thinking it should have been higher. It was explained then that the statute simply didn’t support a higher charge, despite the passion involved, and was the best chance to get a conviction.

15. 2nd degree murder in the commission of a felony is the right charge now. Its not a loser. I’ll bet meaningful adult money they get a conviction.

    What MP said. In what felony was Chauvin participating?

    That’s an element of the charge. Gotta prove it beyond a reasonable doubt.

16. “ I don’t care if the problem is systemic racism inflicted on blacks by whites, or social pathology perpetuated by blacks themselves, you ain’t gonna fix it.”

    Exactly. Not as long as one side of the equation refuses to accept any responsibility..

    (ps: waiting for you to pick up the glove, Kraphammer, you POS)

17. What needs to be shouted from the rooftops is the fact that Minneapolis is likely 2nd only to Chicago for the longest period under Democrat control. This is THEIR damn system, their hiring practices , their disciplinary rules and their court system. Every AG going back to Spannous has been wasting money on outside “consultants” which are always their big law firm buddies that contribute to their campaigns. That’s how the Dems launder their personal fortunes. The sooner the public wises up to these crimes, the sooner real reform can occur. Similarly, if government stooges were held accountable for their actions, including the laws they pass that benefit them, their families or their donors, just like everyone else, the world would change for the better.

18. The SJW’s (of all races) are a joke. They do not deserve to be taken seriously. What they want is for a well-defined minority ethnic group that is hostile to the majority to live alongside of them in every way, in peace.
    It will not happen. It cannot happen. What model are they working from? Where can they point to the success of their model?
    Look at the old Soviet Union. The central government of the USSR, with absolute tyrranical power over its captive ethnic populations, spent seventy years trying to erase their ethnic identities and ancient hatreds. They did things that are unimaginable even to the SJW’s — the wholesale uprooting and scattering of populations. The imprisonment and assassination of ethnic leaders. Ethnic customs, dress, and languages were suppressed.
    And as soon as the people were given a small amount of political freedom, the USSR fractured along ethnic lines and the old wars began anew.
    So tell me, SJW’s, what is the end game?
    You are a joke. You do not offer justice, you offer fear, hatred, and poverty.

19. The old civil rights story of a century ago was that blacks wanted complete integration into US society — like, say, the Germans and the Dutch, but white America was using oppressive laws to prevent this from happening.
    Those days are long gone.
    Today’s civil rights leaders want nothing of the sort. They want complete segregation, plus special rights to social resources provided by the rest of us for their exclusive use. There is nothing inclusive about #blacklivesmatter, anymore than there would be about #whitelivesmatter.
    What they want, they cannot have. The truth is that the non-black population doesn’t need black people. Most non-black people could spend the rest of their lives and never see another black person, and they would not miss a thing. They wouldn’t be poorer, less free, or less safe. The same cannot be said about black Americans.

20. Ok, fine, I’ll give it another try.

    it will be worse because the thugs believe the cops literally and figuratively can’t touch them

    It is actually worse than that. I was just relayed a first-hand account of a business in rural Illinois (as in not Chicago) that was told by the cops to shut down last Monday. And when the owner said they will stay to protect their livelihood, cops said they (biz people) will be liable for anything bad that may befall the rioters/looters and they, the biz owners\employees, will be prosecuted to the full extent of the law. Needless to say, looting proceeded as expected. I repeat, this was in RURAL Illinois. This ain’t a bug, it’s a feature.

21. Prosecutions theory of the case for 2nd degree murder in commission of felony is that the excessive force of kneeling on the guys neck and torso for 9 minutes was assault.  So you guys can stop being bewildered and confuzinated and amused that Ellison would go for murder 2 without having an argument about those elements. They have an argument, and several persuasive videos to make it stick.  This observation is out there, I wasn’t first to make it, you need to listen / read something besides Justice and Drew and Joe Doakes.

    Swiftee – you are so most impressive as Merg’s pet vulgarian and grand wizard here, please, insult me more, it whittles me down just as you imagine.

22. Oh no… they multiplied! Bring back the clown, at least he was entertaining.

23. They have an argument, and several persuasive videos to make it stick.
    Nobody knows what’s going to happen in the jury room.
    I notice you provide no links. It seems like a stretch to say that Floyd was killed because the means the cops used to restrain him was actually felonious assault. I haven’t that from anyone else, and the fact they have a tape showing Chauvin with his knee on Floyd’s neck does not make it a felony.
    Just read the coroner’s report. None of the usual signs of death by strangulation, and lots of underlying conditions like two types of heart disease & covid-19 positive, as well as recent use of methamphetamine & fentanyl.
    It is really odd that most liberals look at this as though Floyd would have been treated differently if he were white. That is, they look at it through the lens of racism. I’ve seen the Minneapolis cops in action, they are equal opportunity thumpers.

24. The ME report classifies it as a homicide. That it was not asphyxiation isn’t a great hurdle. Yes, if it goes to trial the defense will argue his health was compromised already, and that he was high. Prosecution will then argue ‘but for the kneeling on his neck.”

    Of course he could be acquitted. But I’ll bet on the conviction, because of the video, which is damning. I’m not a liberal, I can just identify a circle jerk of conservative misanthropes when I see one.

25. Duck you Kraphammer. You said you wanted to put your money where you big mouth was, and I’m calling it.

    Now, you’re wriggling like the pale, legless insect you are.

    You leftist punks are so damn predictable.

26. That is “Fuck you Kraphammer”. Spell check stifled my rigid middle finger.

27. Ill take the bet, little man

28. Minn. Stat. 609.02:
    Subd. 10.Assault. “Assault” is:
    (1) an act done with intent to cause fear in another of immediate bodily harm or death; or
    (2) the intentional infliction of or attempt to inflict bodily harm upon another.

    ***
    609.06 AUTHORIZED USE OF FORCE.
    §Subdivision 1.When authorized. Except as otherwise provided in subdivision 2, reasonable force may be used upon or toward the person of another without the other’s consent when the following circumstances exist or the actor reasonably believes them to exist:
    (1) when used by a public officer or one assisting a public officer under the public officer’s direction:
    (a) in effecting a lawful arrest;

    ***

    For me to take Kraephammer to the ground and kneel on his neck, is assault. If he dies while I’m doing it, it’s Second Degree Murder.

    For a police officer to do it, is reasonable use of force while effecting an arrest. No assault = no Second Degree murder.

    ***

    To make it stick, Ellison must convince the jury that the neck kneel is unreasonable use of force. That’s going to lead to experts on both sides discussing common practice, what’s reasonable, what’s taught, what other cops do and don’t do. it will be interesting.

29. I’m not a liberal…

    They wouldn’t have ya either, eh, Kraphammer? Poor boi.

30. Yeah Doakes, that’s it. That’s the theory. There will be experts. He’s also got video.

31. Lmao. I’ve been called a lot of things by leftist slobs, but never little…at least none that ever met me irl.

    I’ll expect you to report back here the day the decision is rendered, ya pos.

32. Okey dokey tough guy. You sure are intimidating me as Merg’s pet vulgarian.

33. can just identify a circle jerk of conservative misanthropes when I see one.
    Uh, no you can’t.

34. Said like a true keyboard commando.

    I’ve met your type before Kraphammer. Just have that cashiers check ready.

35. Was the video of the missing time between walk to police car and kneeling ever released? That may be instructional on whether and what restraining force was justified.

36. Uh, ok… I will have that cashiers check ready…. cuz I’m so very shaken by Merg’s not little but retirement age pet vulgarian blog commenter saying mean things to me

37. Risky business. In an effort to appease the mob Chauvin may end up being acquitted. Go for the appropriate charge and stop pandering.

    What’s the bet a jury acquits? Rodney King also seemed a slam dunk for the prosecution.

    I expect a reaction similar to King’s if there are acquittals.

38. How much money do you suppose Ellison and Freeman will budget for investigators, medical experts, use-of-force experts, para-legals and attorneys, to try this case? Could it be done for as little as a million dollars?

    How much will the defense team have to spend, to counter that? Wonder if the police union is picking up the cost of defense?

    Makes me think about that concealed-carry-insurance again. Just in case.

39. the bet is $50. Its not risky, and he’s not going to be acquitted. You can put up some bet money as well.

40. The police union is picking up the defenses, all of them, or has insurance to pay the invoices for the defenses. Id hardly be shocked if the not-Chauvin’s were all invoiced at $250k a piece when all is said and done. Chauvin is more, perhaps by a couple multiples.

41. Minneapolis has a “Use of Force” policy. Neck kneeling is allowed. So it’s not per se unreasonable, it’s only unreasonable if something goes wrong? That’s not a workable policy for line officers.

    this will be an interesting case.

42. The media, as usual, has taken sides based on its own crazy ideas. The media has pronounced that Chauvin is a racist murderer.
    So where’s the proof? An no, killing a black man does not make you a murdering racist, any more than killing a white man makes you a murdering racist.

43. John, was the bet comment directed to me?

44. Kneck restraint is allowed if the situation is very, very hairy, ie “felt in danger of life”, all that jazz.

    He / they wasn’t in danger. They certainly weren’t in danger in the minutes after Floyd went unconscious. This isn’t going to be a difficult argument to persuade on.

45. No, Emery

46. Here’s another twist: if the trial is held in Hennepin County, can the defendants get a fair trial? Might need a change of venue. If so, the proportion of jurors who are Black will decline making the jury more likely to be middle-class Whites who are systemically racist against Black people and sympathetic to cops who protect them from the Bad Black Manz. Can Ellison convince the court that the trial should stay in Hennepin because the jurors are more likely to be Black and therefore more likely to be biased against the defendant? Another hurdle for the prosecution.

    Andrew McCarthy has an interesting analysis up on National Review, comparing the old charges to the new. For what it’s worth.

47. Low IQ anarchists believe the cops threw a compliant, drug addled, 6’6” suspect to the ground because their inchoate racist hate for blacks suddenly bubbled up.

    Maybe so *snicker*, but only the body cam recordings will tell the tale. Oddly enough, looters, arsonists nor Floyd’s baby mamma’s legal team have demanded that they be released.

    When was the last time the death of a minority suspect wasn’t immediately followed by demands for body cam recordings? Anyone? E. Dimwit Esq? Bueller?

48. Well, we do have presumption of innocence in this country. It’s not up to Chauvin to prove that he is innocent. It is up to the prosecution to prove whatever he ends being accused of “beyond a reasonable doubt.”
    Look at how long it took to convict Noor of shooting Justine Diamond, and that was an open and shut case of a cop shooting an entirely innocent woman who had done nothing other than seek police help. Look at the dismissal of Yanez.
    The courts, when they work, are not driven by hatred or eccentric ideas about “systemic racism.”
    Nobody has even tried to show that Minneapolis treats the blacks it arrests differently than the whites it arrests.

49. Mamm, you are thinking logically and rationally as if we continue to live in a logical and rational world. But we have entered a brave new world where the SJW’s and their lapdogs don’t give a rat’s ass about Constitution or the Bill of Rights.

50. Unintended consequences https://pjmedia.com/instapundit/wp-content/uploads/2020/06/Screen-Shot-2020-06-03-at-23.12.50.png

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