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Chauvin's attorneys file for dismissal on OD/health grounds
Posted on 8/30/20 at 4:35 am
Posted on 8/30/20 at 4:35 am
quote:
Floyd “was a daily smoker of cigarettes. His heart was at the ‘upper limit of size’ due to untreated hypertension. Mr. Floyd suffered from arteriosclerotic and hypertensive heart disease,” attorney Eric Nelson wrote in the filing.
In addition, Nelson claimed, police bodycam recordings and toxicology results from Floyd’s autopsy say Floyd had taken fentanyl just prior to his arrest, had long used opiates and had told police he was still recovering from a bout with the coronavirus, the Star Tribune reported.
For his part, Chauvin was being “cautious” out of concern for Floyd’s wellbeing as he restrained Floyd during his arrest, the defense lawyer claimed in his filing.
They won't get it but everyone eventually walks on this deal
LINK
This post was edited on 8/30/20 at 4:36 am
Posted on 8/30/20 at 4:44 am to Strannix
China is dumping fentanyl over here.
BLM should be blaming China.
BLM should be blaming China.
Posted on 8/30/20 at 4:51 am to Strannix
My view of it's shifted a bit. I first was convinced that the prosecutor would be able to prove a case of felony assault under the theory that the knee to the neck MAY have been justified for a very brief while, talking a minute or so, until there was assurance that Floyd was properly cuffed, but thereafter turned into assault once it became clear that there was no longer any resistance. Because if that were proven, and coupled with both medical examiners' findings of homocide, those would be the elements of 2nd degree murder.
But now I'm not convinced the prosecutor will be able to prove the intent to inflict bodily harm element of assault. One factor could change my mind back to original and that would be some sort of credible evidence of a prior adversarial relationship between Chauvin and Floyd.
But now I'm not convinced the prosecutor will be able to prove the intent to inflict bodily harm element of assault. One factor could change my mind back to original and that would be some sort of credible evidence of a prior adversarial relationship between Chauvin and Floyd.
Posted on 8/30/20 at 5:15 am to Strannix
That concept tends to pop up quite often in law of the criminal sort. Definitely no intent to kill in this case, no doubt about that, but the prosecution theory at trial will be Chauvin was committing a separate felony offense that led to Floyd's death. That separate felony offense the prosecution will attempt to prove is first degree assault, and that indeed does require the prosecutor to prove intent (to commit great bodily harm).
Posted on 8/30/20 at 5:55 am to Strannix
Expert at intent? I suppose so, at dodging it I assume?
Posted on 8/30/20 at 7:09 am to davyjones
Yes of "no intent" even though the statute she was accused of violating was a strict negligence one.
Posted on 8/30/20 at 11:59 am to TrueTiger
quote:
BLM should be blaming China.
Yeah, but instead they do this... because they fricking care about their $$millions more than they care about their own kind, just like their original ancestors who sold them to white western settlers ...
Posted on 8/30/20 at 12:22 pm to davyjones
It’s going to be very hard to convict him when you put up the state’s own rules and procedures officers must follow in this type of situation and show it side by side with the video. If the prosecution can’t show where Chauvin deviated from those regulations, you can’t convict him.
This post was edited on 8/30/20 at 12:58 pm
Posted on 8/30/20 at 12:25 pm to Blizzard of Chizz
Open and shut case...died from covid
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