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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 12:56 pm to
Posted by wm72
Brooklyn
Member since Mar 2010
9753 posts
Posted on 6/7/20 at 12:56 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?


quote:

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



I am sure that the prosecutor will try to argue that the cops standing guard around are actively preventing people filming from doing anything more than filming.


Posted by Antonio Moss
The South
Member since Mar 2006
49580 posts
Posted on 6/7/20 at 1:14 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.


Except that assault and battery is a crime; police arresting someone is not.

When you engage in a legal activity, it’s not accessory to a crime.

If you and friend enter a bank and you have no pretense that he is going to commit a crime and then he suddenly demands cash from the teller under threat, you aren’t an accessory. Accessory requires some level of intent to engage in criminal action.
Posted by OleWar
Troy H. Middleton Library
Member since Mar 2008
5828 posts
Posted on 6/7/20 at 1:14 pm to
quote:

zero defense as to why he kept his knee on him for almost three minutes


Adrenaline, Fatigue, PTSD, Reaction to a drug he may have been taking. I am sure a Defense Attorney can present numerous mitigating circumstances or reasons to find his client innocent.
Posted by Antonio Moss
The South
Member since Mar 2006
49580 posts
Posted on 6/7/20 at 1:16 pm to
quote:

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.


Again, I don’t see how that is a crime

There is also a significant power dynamic at play. Chauvin was the most senior and commanding officer at the scene. He was also a training officer and the two rookies were required to call him “sir” while under his authority.

This post was edited on 6/7/20 at 1:19 pm
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 6/7/20 at 2:03 pm to
quote:

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.


I am not making any argument that the police should not have gotten off of him sooner but again is that what caused George Floyd’s death?

The answer per the Medical Examiners report is a no. George Floyd died from cardiopulmonary arrest.

Please explain to me how the knee to the neck resulted in George’s cardiopulmonary arrest.

Are you arguing that the officers arresting and struggling to control George while George has fentanyl and meth in his system and pre existing heart conditions leading to a state of excited delirium and George’s eventual cardiopulmonary arrest?

FYI that is what the Medical Examines report says.
Posted by Big EZ Tiger
Member since Jul 2010
26986 posts
Posted on 6/7/20 at 2:54 pm to
quote:

zero defense as to why he kept his knee on him for almost three minutes


Adrenaline, Fatigue, PTSD, Reaction to a drug he may have been taking. I am sure a Defense Attorney can present numerous mitigating circumstances or reasons to find his client innocent.


Oh, I know a lawyer will come up with some kind of defense. But I'm talking about a reasonable, logical defense that that would seem believable to the average person to clear him from the charges. Adrenaline and fatigue won't fly because cops are expected to deal with those things. It's part of the job. If you're on a medication that could affect your work, you are supposed to report those things to your employer (my company has people sign forms stating that it's their responsibility to report any medication they may take that could hinder their performance while on the job). I suppose PTSD could be some kind of possibility, but that would have to be documented pretty well beforehand one way or the other.
Posted by SEC. 593
Chicago
Member since Aug 2012
4417 posts
Posted on 6/7/20 at 4:10 pm to
quote:

When you engage in a legal activity, it’s not accessory to a crime. 

If you and friend enter a bank and you have no pretense that he is going to commit a crime and then he suddenly demands cash from the teller under threat, you aren’t an accessory. Accessory requires some level of intent to engage in criminal action.


I guarantee in that scenario there isn't a Prosecutor in the country that wouldn't at least put a charge on the friend.
Posted by Big EZ Tiger
Member since Jul 2010
26986 posts
Posted on 6/7/20 at 4:19 pm to
quote:

The answer per the Medical Examiners report is a no. George Floyd died from cardiopulmonary arrest.

Please explain to me how the knee to the neck resulted in George’s cardiopulmonary arrest.


The ME's cause of death as of now is stated as "homicide."

It listed "cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression"
and it first said "cardiopulmonary arrest", but that is vague and in many states they won't even let them just list that. The report said "cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression."









Posted by fallguy_1978
Best States #50
Member since Feb 2018
53839 posts
Posted on 6/7/20 at 4:42 pm to
I've been curious about this as well. Are they legally required to intervene? I understand that they can be fired for not fulfilling their job duties.

If there aren't different laws in place for cops, the people filming it would be just as guilty. It seems a shaky charge at best unless I just don't understand the law here
Posted by Miketheseventh
Member since Dec 2017
7116 posts
Posted on 6/7/20 at 4:47 pm to
quote:

Right but this is a criminal charge, not a civil suit.

Not yet but I’m sure it’s right around the corner
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 6/7/20 at 4:47 pm to
quote:

Please explain to me how the knee to the neck resulted in George’s cardiopulmonary arrest.

The ME's cause of death as of now is stated as "homicide."

It listed "cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression"
and it first said "cardiopulmonary arrest", but that is vague and in many states they won't even let them just list that. The report said "cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression."



So did you answer the question in there that I asked? How did the knee cause the cardiopulmonary arrest?


Or is it more that
This post was edited on 6/7/20 at 4:52 pm
Posted by tiger2180
Member since Nov 2015
465 posts
Posted on 6/7/20 at 4:50 pm to
Might want to check your history....it’s one of the main reasons for the protests.
Posted by wm72
Brooklyn
Member since Mar 2010
9753 posts
Posted on 6/7/20 at 5:45 pm to
quote:

If there aren't different laws in place for cops, the people filming it would be just as guilty


I get what you are saying and think it's going to be a lot of gray area about the level to which the 3 other officers could have and should have intervened.


However, I don't see how that same logic applies to any other people around the scene in the least.

In fact, that Chauvine was being flanked by three other officers is actually some basis for the aiding and abetting charge against them.

That meant anyone doing more than telling Chauvin to get off --which it seems a lot of people were doing-- would have to physically fight four police officers to do anything beyond what they did: video document and tell the cop to get off.


To argue that an officer should "police" another officer who is breaking the law is a far different argument than that a regular civilian should physically "police" a police officer in the same situation.


This post was edited on 6/7/20 at 5:48 pm
Posted by fallguy_1978
Best States #50
Member since Feb 2018
53839 posts
Posted on 6/7/20 at 5:51 pm to
quote:

That meant anyone doing more than telling Chauvin to get off --which it seems a lot of people were doing-- would have to physically fight four police officers to do anything more than video document and tell the cop to get off.


To argue that an officer should "police" another officer who is acting illegally is a far different argument than that a regular civilian should physically "police" a police officer.

I wasn't trying to be controversial. I'm just genuinely curious. If one of the cops intervened he might have 4-5 other cops that didn't agree with his actions push him off. Particularly considering some of them were rookies. I do not think most of the cops outside of the neck kneeler will see much, if any jail time.
Posted by wm72
Brooklyn
Member since Mar 2010
9753 posts
Posted on 6/7/20 at 6:09 pm to
quote:

I wasn't trying to be controversial. I'm just genuinely curious. If one of the cops intervened he might have 4-5 other cops that didn't agree with his actions push him off. Particularly considering some of them were rookies. I do not think most of the cops outside of the neck kneeler will see much, if any jail time.



Yeah, I don't think the prosecution will argue that it was a specifically a crime for the other officers to not step in as much as that not stopping him coupled with their supporting presence surrounding the scene "aided and abetted" Chauvin's actions.

Completely agree though that arguing all three of the other cops were intentionally "aiding and abetting" Chauvin is going to be difficult.


Seems right what others above that have said about the one officer who was not in training being on much shakier ground whereas the 2 training officers have a stronger defense.


It will be interesting to see how legislators try to address this if all three get off. I'm sure there will be a lot of calls to lower "complicity" requirements for police officers when witnessing another officer break the law/abuse power.





Posted by Dominate308
South Florida
Member since Jan 2013
2895 posts
Posted on 6/7/20 at 6:21 pm to
The county medical examiner wrote in his report that asphyxiation was not the cause of death. There is reasonable doubt. Everyone who is arrested has anxiety and some them die as a result. It’s called Capture Myopathy. Veterinarians have known about this forever. That’s why they immediately put hoods on captured animals.
LINK
Posted by Big EZ Tiger
Member since Jul 2010
26986 posts
Posted on 6/7/20 at 6:36 pm to
quote:


So did you answer the question in there that I asked? How did the knee cause the cardiopulmonary arrest?

Haha...well I added what you left out in the actual coroner's report which says that the coroner found the cause of death to rule it a homicide.

And the expert ruled that Floyd stopped breathing because of cardiopulmonary arrest caused by restraint and neck compression from the officers. That can be asphyxia from neck compression. The drugs and health conditions are contributing factors to his death which made his death more likely, but the coroner found that he stopped breathing and his heart stopped beating due to the restraint and neck compression's impact on his breathing.

As we can see in the main video, by the time the video started, Floyd was cuffed, face down and not resisting. The manual for that police department states that the technique Chauvin was using on Floyd's neck should only be used for people who are "actively aggressive." He held that position for over 8 minutes (close to 3 minutes after the man seemed to go unconscious and over a minute after the other officer said he found no pulse). Given the evidence and the coroner's findings, I'd say it's reasonable to conclude that Chauvin killed him due to the technique he was using on him (which he had no reason to use for that long).
This post was edited on 6/7/20 at 6:56 pm
Posted by CheEngineer
Louisiana
Member since Aug 2019
4234 posts
Posted on 6/7/20 at 6:54 pm to
quote:

Haha...well I added what you left out in the actual coroner's report which says that the coroner found the cause of death to rule it a homicide.


Great I agree death was a homicide. The cops arresting and restraining Floyd is what lead to his death.

quote:

The drugs and health conditions are contributing factors to his death which made his death more likely, but the coroner found that he stopped breathing and his heart stopped beating due to the restraint and neck compression's impact on his breathing.


Please provide direct link and text. If the knee to the neck would have stopped his breathing he would have died from suffocation/asphyxiation and not cardiopulmonary arrest.

As I stated before did the knee to the neck help Floyd no and the police may deserve disciplinary action for being over aggressive or something but not murder.
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