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re: Rekieta has his next trial to cover... Kim Potter trial (guilty on both counts)

Posted on 12/20/21 at 1:58 pm to
Posted by TDTOM
Member since Jan 2021
25893 posts
Posted on 12/20/21 at 1:58 pm to
quote:

there's only 2 charges to consider... hopefully it's quick


I obviously have not watched any of this. Is it so open and shut that a quick not guilty verdict is expected? Also, I assume this will lead to more rioting?
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 2:27 pm to
quote:

I obviously have not watched any of this. Is it so open and shut that a quick not guilty verdict is expected? Also, I assume this will lead to more rioting?

The prosecution's fact witnesses were all sympathetic to the defendant and thought she did the right thing

The only witness who outright said she did the wrong thing was the $95K academic use of force expert who ALWAYS testifies that the cop did wrong

The defense's use of force expert... who's working 5 cases and in 3 he's testifying against the officer... said not only is Potter legally justified to use the taser but she was legally justified to mean to and use lethal force

And I think the jury instructions say if you believe she's justified in using a taser you can find her use of a gun justified too

It looks like they overcharged her... if they had gone with negligence instead of recklessness then they may have a better bite

That all being said... we're in Hennepin County... the home of the crazy hellhole of Minneapolis
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 12/20/21 at 2:50 pm to
quote:

It looks like they overcharged her... if they had gone with negligence instead of recklessness then they may have a better bite



quote:

COUNT II

Second-degree manslaughter

One of the ways Minnesota law defines second-degree manslaughter is causing someone’s death through culpable negligence, by creating an unreasonable risk and consciously taking chances of causing death or great bodily harm.

Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 2:55 pm to
Can't consciously take chance of causing bodily harm or death if you believe you're holding a taser instead of a gun... and the prosecutor never even tried to dispute the intent was to use a taser and not a gun

I don't know what's lesser than either of those manslaughter counts? Negligent homicide?

ETA: granted that I'm on the same page of the former police chief... she did nothing wrong and never should've been charged

Reassigned to desk duty for the remainder of her career? Maybe... but she didn't do anything criminally wrong
This post was edited on 12/20/21 at 3:15 pm
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:16 pm to
Judge is here
Posted by Badface
Member since May 2020
1895 posts
Posted on 12/20/21 at 3:16 pm to
mommy judge. LOL
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:18 pm to
Judge standing... jury entering the courtroom?
Posted by jclem11
Chief Nihilist
Member since Nov 2011
9767 posts
Posted on 12/20/21 at 3:19 pm to
mommy judge is such a tease. What was that for???
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:20 pm to
Jury had a question... judge answered it and we're back into deliberations
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:21 pm to
quote:

mommy judge is such a tease. What was that for???

Jury asked the judge a fact question... which can only be answered by what's in evidence in the jury room

ETA: but jury questions have to be asked & answered in open court
This post was edited on 12/20/21 at 3:22 pm
Posted by Badface
Member since May 2020
1895 posts
Posted on 12/20/21 at 3:27 pm to
so they were asking the date of the Potter/Miller interview...(I assume Miller is the old man psychologist?)

what can be inferred from that Jury question I wonder?

Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:29 pm to
quote:

so they were asking the date of the Potter/Miller interview...(I assume Miller is the old man psychologist?)

what can be inferred from that Jury question I wonder?


That's an interesting question to come from the jury
Posted by Badface
Member since May 2020
1895 posts
Posted on 12/20/21 at 3:31 pm to
I guess they are wondering how long ago it was, to compare with some of her answers in the courtroom..... like if she didn't remember something.... is it feasible that she wouldn't remember..
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 12/20/21 at 3:37 pm to
quote:

I guess they are wondering how long ago it was, to compare with some of her answers in the courtroom..... like if she didn't remember something.... is it feasible that she wouldn't remember..


They (the defense) needed to make more clear that this was what the Doctor wrote in his report and that Ms. Potter hadn't seen it prior to testifying.

This wasn't a statement she signed off on.

Sounds like someone in the jury room is trying to impeach kim for being less than truthful.
Posted by Badface
Member since May 2020
1895 posts
Posted on 12/20/21 at 3:42 pm to
quote:

Sounds like someone in the jury room is trying to impeach kim for being less than truthful.



that seems like a good theory.
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:44 pm to
quote:

quote:

Sounds like someone in the jury room is trying to impeach kim for being less than truthful.

that seems like a good theory.

Sadly... that's what I take from that question too
Posted by KosmoCramer
Member since Dec 2007
80524 posts
Posted on 12/20/21 at 3:45 pm to
quote:

I don't know what's lesser than either of those manslaughter counts? Negligent homicide


I believe they charged essentially the lowest threshold (mens rea) of causing the death of another.

Negligence is much more a civil matter. Negligence primarily isn't criminal.
Posted by Badface
Member since May 2020
1895 posts
Posted on 12/20/21 at 3:46 pm to
quote:

quote:
quote:
Sounds like someone in the jury room is trying to impeach kim for being less than truthful.

that seems like a good theory.

Sadly... that's what I take from that question too


Probably the African American female juror in her 30s
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:54 pm to
quote:

I believe they charged essentially the lowest threshold (mens rea) of causing the death of another.

Negligence is much more a civil matter. Negligence primarily isn't criminal.

Agreed... this is a civil case... not a criminal 1

And like I previously said... her punishment should've been reassignment to desk duty permanently or forced retirement/resignation or firing

But it's not criminal
Posted by rt3
now in the piney woods of Pineville
Member since Apr 2011
147126 posts
Posted on 12/20/21 at 3:55 pm to
quote:

Probably the African American female juror in her 30s

The Seaman LARPer is the 1 she's trying to convince
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