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re: Question for the OT lawyers about the Minneapolis cops charged with aiding and abetting

Posted on 6/7/20 at 11:10 am to
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 6/7/20 at 11:10 am to
quote:

As I understand it, the police have no legal obligation to protect citizens. With that in mind, is that a legal defense for these cops that have been charged with aiding and abetting in the Floyd death? Or is that defense moot because they were tacitly involved in the commission of a felony (assuming that is the law in MN)?


Legal defense:
Medical Examiners report stated that George died from cardiopulmonary arrest. So basically the guy had a heart attack or something similar while being arrested. Symptoms of cardiopulmonary arrest? People may experience: Pain areas: in the chest Whole body: collapse, fainting, or lightheadedness Also common: palpitations or shortness of breath.

You can see a video of George falling down when being brought to the car. George was saying he could not breath while standing up before ever ending up on the ground and all of this was before the knee ever came into play

If he was showing symptoms of a possible heart attack and eventually died of a heart attack. How likely will a jury find him guilt beyond a reasonable doubt that he killed with his knee in a manner not listed as the cause of death in the report. Did the knee help the situation? Well of course not. Maybe the cops deserve some discipline for being overly aggressive etc but murder is not in the cards.
Posted by SEC. 593
Chicago
Member since Aug 2012
4417 posts
Posted on 6/7/20 at 11:11 am to
I've read what everyone has said about new to job, no Constitutional right that forces them to act, and I do think they'll get off in the end.

However, take off the uniforms and imagine that this happened outside of a bar or somewhere else. Is there any questioning why they all got charged then?
This post was edited on 6/7/20 at 11:13 am
Posted by dukke v
PLUTO
Member since Jul 2006
216685 posts
Posted on 6/7/20 at 11:12 am to
The OJ verdict says howdy...... I don’t think you are getting the magnitude of what this particular death of a black man by a white cop caught on camera has done yo this country. I’ve never seen anything like it in my 60 years.... this happened almost three weeks ago and there are still protests and people on edge. They will have a hard time finding an unbiased jury for any of these officers.
Posted by Big EZ Tiger
Member since Jul 2010
26986 posts
Posted on 6/7/20 at 11:13 am to
quote:

With all the uproar this has caused there is ZERO way the other three don’t do jail time. You think the riots are bad now just think what they will be like if those other three go free...



If guys got off for Rodney King, anything is possible.

I think the young cop who actually suggested turning Floyd over twice and said he was worried about him going into an excited delirium has the best chance to get off. Chauvin just blew him off and said that Floyd was staying put.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139236 posts
Posted on 6/7/20 at 11:15 am to
quote:

With all the uproar this has caused there is ZERO way the other three don’t do jail time. You think the riots are bad now just think what they will be like if those other three go free...

Throwing someone in jail to appease the public is a pretty scary precedent that no one will recognize
Posted by Apollyon
Member since Dec 2019
2124 posts
Posted on 6/7/20 at 11:16 am to
quote:

this happened almost three weeks ago and there are still protests and people on edge.


Because of constant propaganda via media and social media.

It is a valuable tool on a malleable populace.

We live in 1984, just accept it.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
139236 posts
Posted on 6/7/20 at 11:18 am to
quote:

However, take off the uniforms and imagine that this happened outside of a bar or somewhere else. Is there any questioning why they all got charged then?


Sure, but that's not really an apt comparison.
Posted by dukke v
PLUTO
Member since Jul 2006
216685 posts
Posted on 6/7/20 at 11:19 am to
If you were one of those young cops that just started on the job would you have done nothing?????????
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 6/7/20 at 11:21 am to
quote:

I think the young cop who actually suggested turning Floyd over twice and said he was worried about him going into an excited delirium has the best chance to get off. Chauvin just blew him off and said that Floyd was staying put.


Actual text from warrant:

The officers said, “You are talking fine” to Mr. Floyd as he continued to move back and forth. Lane asked, “should we roll him on his side?” and the defendant said, “No, staying put where we got him.” Officer Lane said, “I am worried about excited delirium or whatever.” The defendant said, “That’s why we have him on his stomach.” None of the three officers moved from their positions.

Derek did not exactly blow him off. He stated that this why we have him on his stomach.

You and the jury will have to decide what Derek meant by this. Either he thought he was doing the right thing for the excited delirium concern or he is making the statement that he is intentionally trying to kill him.
This post was edited on 6/7/20 at 11:24 am
Posted by Pelican fan99
Lafayette, Louisiana
Member since Jun 2013
39661 posts
Posted on 6/7/20 at 11:22 am to
quote:

The OJ verdict says howdy...... I don’t think you are getting the magnitude of what this particular death of a black man by a white cop caught on camera has done yo this country. I’ve never seen anything like it in my 60 years.... this happened almost three weeks ago and there are still protests and people on edge. They will have a hard time finding an unbiased jury for any of these officers.

and the OJ verdicts is one of the most disgraceful verdicts in the history of this country. The last thing we want to repeat is that
Posted by dukke v
PLUTO
Member since Jul 2006
216685 posts
Posted on 6/7/20 at 11:25 am to
And there ya go. Can you imagine what it will be like if these cops somehow get off in this case?????
Posted by Dominate308
South Florida
Member since Jan 2013
2895 posts
Posted on 6/7/20 at 11:36 am to
100% they will be acquitted or reversed on appeal on the state charges. Now the Federal Civil Rights violation will lock them up.
Posted by wm72
Brooklyn
Member since Mar 2010
9753 posts
Posted on 6/7/20 at 11:38 am to
quote:

I've read what everyone has said about new to job, no Constitutional right that forces them to act, and I do think they'll get off in the end.

However, take off the uniforms and imagine that this happened outside of a bar or somewhere else. Is there any questioning why they all got charged then?


Yet another reason that the reform of laws governing police are so important as it is a blatantly physical example of the argument that "bad" cops currently have a wall of other officers protecting their actions.

Posted by Big EZ Tiger
Member since Jul 2010
26986 posts
Posted on 6/7/20 at 12:16 pm to
quote:

If you were one of those young cops that just started on the job would you have done nothing?????????


It's not about what I would have done. It's about the court system and how lawyers will present the case. One of the young cops allegedly said "you shouldn't do this" and the other asked twice if they should turn Floyd on his side while mentioning being worried about the guy having excited delirium. With an aiding and abetting, you have to prove that they intentionally assisted Chauvin, the veteran and their trainer, in carrying out a crime. I don't see any defense at all for Chauvin and the Asian cop, but the other two have a chance.
Posted by Big EZ Tiger
Member since Jul 2010
26986 posts
Posted on 6/7/20 at 12:20 pm to
quote:

Derek did not exactly blow him off. He stated that this why we have him on his stomach.

You and the jury will have to decide what Derek meant by this. Either he thought he was doing the right thing for the excited delirium concern or he is making the statement that he is intentionally trying to kill him.

Regardless of what he meant by that, there is zero defense as to why he kept his knee on him for almost three minutes after the one cop took his pulse and couldn't find one. Also, Floyd had stopped talking, stopped moving, seemed to have gone unconscious and was offering no resistance at all, but Chauvin kept his knee on his neck. He never once checked on him or tried to talk to him even as the paramedics arrived. The paramedic actually had to tap the dude to get off of him so they could put Floyd on the stretcher.
Posted by SEC. 593
Chicago
Member since Aug 2012
4417 posts
Posted on 6/7/20 at 12:29 pm to
All I'm saying is if you take the badge away and it was a group friends fighting an individual, doing the exact same actions, they would all be charged.
Posted by Proximo
Member since Aug 2011
25126 posts
Posted on 6/7/20 at 12:37 pm to
quote:

take off the uniforms and imagine that this happened outside of a bar or somewhere else. Is there any questioning why they all got charged then?


How is what they did any different than the people filming?

Now, if you COMPLETELY change the facts and have them as accessories to a felony (they’re all robbing the guy), maybe you can weasel a charge against them in.
Posted by Kodar
Alabama
Member since Nov 2012
4630 posts
Posted on 6/7/20 at 12:37 pm to
quote:

All I'm saying is if you take the badge away and it was a group friends fighting an individual, doing the exact same actions, they would all be charged.
Being charged doesn't really mean anything though, so failing to see the point.

Regardless, the OP is asking about a legal point specific to the police themselves anyway.
Posted by Dat Boi Bruce
15th Judicial District
Member since Mar 2020
644 posts
Posted on 6/7/20 at 12:42 pm to
Yes, as he knelt on the guy's neck the other officers prevented the bystanders from stepping in. They didn't stop him and they also made sure nobody else stopped him.
Posted by dukke v
PLUTO
Member since Jul 2006
216685 posts
Posted on 6/7/20 at 12:50 pm to
That right there shows intent. Derek should get life without parole. It’s plain and simple.
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