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re: The medical examiner who just testified was devastating to the prosecution

Posted on 4/12/21 at 9:09 am to
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/12/21 at 9:09 am to
quote:

It's fair but it's complicated by Floyd's repeated resisting of arrest at all times that he wasn't prone.


Yes. I just don’t agree that it is indisputable fact that Chauvin was not neglectful and therefore he will not be found guilty of such by any jury unless that jury ignores fact.

Whether Chauvin exhibited neglect is highly subjective, as seen in the widely varying opinions on the event.
Posted by SOSFAN
Blythewood
Member since Jun 2018
14946 posts
Posted on 4/12/21 at 9:10 am to
quote:

That is an opinion, is it not?


That's what your obvious bias against Chauvin is based on.

Keeping your knee on a suspects back that just fought 3 grown men to keep from being put into a police car is called smart not neglect.

Asking the suspect what he is on is not neglect.

Calling for medical help more than once is not neglect.

So again why do you neglect to question Floyds personal accountability?
Posted by Turbeauxdog
Member since Aug 2004
24073 posts
Posted on 4/12/21 at 9:11 am to
quote:

Yes. I just don’t agree that it is indisputable fact that Chauvin was not neglectful and therefore he will not be found guilty of such by any jury unless that jury ignores fact.


To me it's also hard to argue neglect given they recognized his health condition and called ems to treat him.
Posted by Wtodd
Tampa, FL
Member since Oct 2013
68460 posts
Posted on 4/12/21 at 9:12 am to
quote:

Roger Klarvin

You and the ME are obviously racist for bringing up facts......sorry you're about to get cancelled & doxed
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/12/21 at 9:14 am to
quote:

To me it's also hard to argue neglect given they recognized his health condition and called ems to treat him.


This content from the link above goes into that:

“ "If it’s a critical situation, you have to do both” – call for an ambulance and provide first aid such as CPR, which involves chest compressions to return blood flow to the body and heart, said Minneapolis police officer Nicole Mackenzie, an EMT who conducts first aid education for officers.”

“ Lt. Richard Zimmerman, the department's most veteran officer, told jurors last week that officers need to provide medical assistance before an ambulance arrives. "There is absolutely an obligation to provide medical intervention as soon as necessary," he said.”


edit: The department policy is that obligation does not end with contacting EMS. But whether it is a crime is another matter.
This post was edited on 4/12/21 at 9:18 am
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/12/21 at 10:19 am to
quote:

That's what your obvious bias against Chauvin is based on.


I’ve been on Chauvin’s side for the most part, taking the position he is not guilty of anything other than POSSIBLY being guilty of neglect.

You think you might have bias against George Floyd? I do. I hate the mf-er. Can’t even stand to look at his ugly face.

[/quote] Keeping your knee on a suspects back that just fought 3 grown men to keep from being put into a police car is called smart not neglect. Asking the suspect what he is on is not neglect. Calling for medical help more than once is not neglect. [/quote]

Failing to do more than that could be neglect.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
94674 posts
Posted on 4/12/21 at 10:23 am to
quote:

Failing to do more than that could be neglect.



The danger here is defining imperfect behavior as criminal, just because there is a bad outcome.

Otherwise, you'll have a crime everytime someone dies in police custody because they could always have "done more".

Like Jeffrey Epstein, for example - when he *ahem* "killed himself" the facility and all employees should have faced criminal charges based on your speculative standard that it could be neglect because they failed to do more.

I don't know if it was on some of the bodycam footage or the transcript, but I thought Chauvin confirmed at least once, if not twice, that EMS was enroute and that Floyd was under arrest before taking physical control of him. Seemed professional on the context of that moment.
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
94674 posts
Posted on 4/12/21 at 10:26 am to
quote:

I just don’t agree that it is indisputable fact that Chauvin was not neglectful and therefore he will not be found guilty of such by any jury unless that jury ignores fact.


Okay - I know we don't live in an ideal world - but ideally, the state has the burden of proving each and every element of a criminal offense beyond a reasonable doubt.

I think it is just the awkward wording with all the negatives involved in this sentence, but an uneducated rube like myself might think you were implying that Chauvin has the burden of proving he was not neglectful.

Certainly you aren't suggesting any such thing are you?
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/12/21 at 10:47 am to
quote:

The danger here is defining imperfect behavior as criminal, just because there is a bad outcome. Otherwise, you'll have a crime everytime someone dies in police custody because they could always have "done more".


Violating department policy, failure to do as trained would be more than merely “imperfect” behavior.

It isn’t that he did not do enough after EMS was contacted, it’s that he did nothing. Whether that is a crime,I am unsure.

This content regarding civil suits is interesting:

“The administrator of White’s estate filed a suit against the City of Columbus claiming a violation of White’s due process rights as a result of the officers’ deliberate indifference to his serious medical needs. The Sixth Circuit Court of Appeals rejected the claim holding that an officer discharges his constitutional duty by seeking prompt medical assistance. According to the Sixth Circuit:
[A]n officer is charged with providing a detainee with prompt medical attention. However, this attention does not require the officer to intervene personally. Imposing an absolute requirement for an officer to do so ignores the reality that such medical situations often call for quick decisions to be made under rapidly evolving conditions. As long as the officer acts promptly in summoning aid, he or she has not deliberately disregarded the serious medical need of the detainee even if he or she has not exhausted every medical option.

Other circuits are in agreement with the Sixth Circuit that an officer discharges his responsibility to a detainee by summoning medical care. In Maddox v. City of Los Angeles,64 Los Angeles police officers came upon Donald Roy Wilson standing naked in the middle of a busy street.65 They believed that he had taken Phencyclidine (PCP).66 An altercation ensued when they attempted to take Wilson into custody.67 After Wilson became belligerent while riding in the police car to the hospital, an officer applied a chokehold for twenty to thirty seconds.68 When they reached the hospital the officers could not find a pulse.69 Although they were trained in CPR the officers did not attempt any First Aid.70 After he arrived at the hospital, the medical staff commenced CPR on Wilson, but he did not respond and was pronounced dead.

His estate filed suit against the City of Los Angeles and various police officers for their failure to render First Aid after they applied the chokehold.72 The Ninth Circuit held that “[d]ue process requires that police officers seek the necessary medical attention for a detainee when he or she has been injured while being apprehended by either promptly summoning the necessary medical help or by taking the injured detainee to a hospital.”

________________

The court rulings in civil suits suggest that Chauvin is off the hook once EMS has been contacted.


link to above quotes:

LINK




Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/12/21 at 10:57 am to
quote:

I think it is just the awkward wording with all the negatives involved in this sentence, but an uneducated rube like myself might think you were implying that Chauvin has the burden of proving he was not neglectful. Certainly you aren't suggesting any such thing are you?


I am not.

Yes, the prosecution has to prove neglect. The video and witness testimony evidence that he did nothing after EMS was called. Chauvin’s defense doesn’t deny that he did not render aid. Their argument is that he was precluded from rendering aid by the hostile onlookers, continuance of danger to his person.

In the article I linked above it goes into this a bit. The following is opinion of the author, not recitation of law. But still relevant. I imagine that the law does not obligate police to render aid when doing so puts themselves in danger.

“ There are, of course, circumstances in which an officer should not be required to render aid. One obvious circumstance would be when rendering first aid would endanger the officer or others, interestingly a limitation aligned with the obligation established by the laws of war. ”
Posted by BiteMe2020
Texas
Member since Nov 2020
7284 posts
Posted on 4/12/21 at 11:02 am to
quote:

Their argument is that he was precluded from rendering aid by the hostile onlookers, continuance of danger to his person.


That's one of several good arguments from the defense. Another is that it's entirely possible that the overdose killed Floyd.

Or that his heart condition killed him because he was all worked up and anxious over going to prison.

Not one freaking person on this board, or in the media, or in the medical examiners' offices can tell you exactly why Floyd died.

Even negligence is a worthless charge if you can't even prove that the negligence actually caused the death. And they cannot prove that BEYOND A REASONABLE DOUBT.
Posted by OccamsStubble
Member since Aug 2019
8803 posts
Posted on 4/12/21 at 11:06 am to
quote:

Keeping your knee on a suspects back that just fought 3 grown men to keep from being put into a police car is called smart not neglect.


He fought.
He lost.
He was handcuffed behind his back, and lying on his gut.

The situation had changed.
Reaction to the situation should also have changed.

I can't say (no one can) if fat man died 100% of an OD, or 99%, or 41%. I can say you open yourself up to a charge when you pin someone that doesn't require pinning, and they expire.
Posted by td1
Baton Rouge
Member since Oct 2015
3142 posts
Posted on 4/12/21 at 11:36 am to
quote:

The situation had changed.
Reaction to the situation should also have changed.


You have clearly never arrested anyone all hopped up on shite, while an angry mob surrounds you.
Posted by OccamsStubble
Member since Aug 2019
8803 posts
Posted on 4/12/21 at 11:51 am to
Did pinning fat man make the mob disperse?
Posted by LightMerchant
Member since Apr 2021
221 posts
Posted on 4/12/21 at 11:52 am to
quote:

Even negligence is a worthless charge if you can't even prove that the negligence actually caused the death. And they cannot prove that BEYOND A REASONABLE DOUBT.


Agreed. Not criminal negligent homicide.

But it could be negligence in rendering aid, for a civil suit. Knowing how Floyd died, Floyd dying at all, is not necessary for there to have been negligent failure to render aid.
Posted by Bamafig
Member since Nov 2018
5783 posts
Posted on 4/12/21 at 11:52 am to
Tobin calculated Floyd's respiratory rate at 22 breaths per minute, within normal range.
____________________________________
Ok, so if Floyd was actually in fear for his life and couldn’t breathe, why was his breathing rate “normal”? He was either lying or the “normal” rate was due to the elevated rate of fear from what would have been the low Fentanyl rate. You could ask two different “experts” and get two different answers.
Posted by narddogg81
Vancouver
Member since Jan 2012
21846 posts
Posted on 4/12/21 at 11:59 am to
Defense should just go find a healthy 6'4" 240 person and 4 midgets the same size as those tiny cops and have them do the same thing that was done to floyd there in the courtroom, hooked up to instruments and monitors and see what happens to the vitals. Bet they don't move an inch
Posted by narddogg81
Vancouver
Member since Jan 2012
21846 posts
Posted on 4/12/21 at 12:05 pm to
quote:

But Floys' respirators rate was observably fine. Floyd died from not getting enough O2 in the breaths that he did take
lol, chauvins knee kept him from absorbing O2 from the breaths he was clearly intaking into his lungs? fricking fairy-tale
This post was edited on 4/12/21 at 12:06 pm
Posted by narddogg81
Vancouver
Member since Jan 2012
21846 posts
Posted on 4/12/21 at 12:10 pm to
quote:

He identified four main reasons why Floyd died: the handcuffs and the street acting as a "vise;" Chauvin's left knee on his neck; Floyd's prone position; and Chauvin's right knee on Floyd's back, arm and side. Combined, these limited Floyd's ability to expand his lungs and narrowed his hypopharynx, a part of the throat that air passes through.
what is being described is mechanical asphyxia. Floyd would have tons of telltale signs of that in several places in his body, his heart, his lungs, his eye capillaries, etc, etc. Dude died of sudden cardiac death from a combination of deadly drugs (fentanyl, meth, narcotics all present) plus an extremely unhealthy heart plus the stress of fighting with cops for 10+ minutes before ever being put on the ground, was complaining of not being able to breathe long before being restrained. There is so much reasonable doubt as to the cause of his death there is zero percent chance he would be convicted of anything if not for extralegal considerations
This post was edited on 4/12/21 at 12:11 pm
Posted by BiteMe2020
Texas
Member since Nov 2020
7284 posts
Posted on 4/12/21 at 12:15 pm to
quote:

But it could be negligence in rendering aid, for a civil suit. Knowing how Floyd died, Floyd dying at all, is not necessary for there to have been negligent failure to render aid.


Wrong. It's actually necessary when the prosecution DID NOT FILE "failure to render aid" charges and went for the murder and manslaughter charges instead, lol.

Facts matter. Charges have definitions. Those definitions have criteria to meet.

The prosecution probably could have got him with some form of failing to render aid, but that's completely irrelevant here, since they're charging Chauvin with something else entirely.

So no, it cannot be "failure to render aid" since he's not being charged with that at all.
This post was edited on 4/12/21 at 12:16 pm
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