Like the rest of you, I watched the verdict in the Derek Chauvin trial on television, as well as all the celebrations and sighs of relief that soon followed. (Thank you Dr. Tobin.) And while it's good that the legal process was allowed to play itself out, and that the jury seemed to have done its job, I didn't really feel like celebrating.
I kept thinking to myself: Why should I feel a sense of relief about a verdict that should never have been in doubt? One would think that Derek Chauvin's lawyers main focus would have been to get a nice plea deal with the state and call it a day. But they must have thought that they could have gotten at least one juror to see something different than what we all saw with our own eyes. A hung jury, and then live to fight another day. Given how these types of trials have played themselves out in the past few years, I can't really say that I blame them for thinking this way.
As if she was reading my mind, my sister sent me the following article yesterday, and I realize now why I didn't feel like celebrating.
"The Derrick Chauvin trial has evoked a myriad of emotions for me in the last few weeks. Many have asserted that this is the first time a law enforcement officer has been held to account for murdering an unarmed citizen.
Not true: For me, and for other Detroiters who were alive in 1993, the Chauvin trial was deja vu.
Few Americans outside Michigan recall the successful prosecution of a case eerily similar to the Chauvin trial. But Detroiters remember: That trial was the People of the State of Michigan v. Larry Nevers and Walter Budzyn for the unjustified beating death of Malice Green.
Mr. Green was a Black motorist who died after a bogus traffic stop that spun murderously out of control. He was pummeled and beaten to death by police officers armed with heavy Kell flashlights. But like George Floyd's killer, Mr. Green's murderers insisted the deceased was to blame for his own death.
I was the lead prosecutor in the Budzyn/Nevers trial. For weeks, I have had flashbacks to that long-ago August.. I can still hear defense attorneys telling jurors that Budzyn and Nevers were not responsible for Green's death He died because he was high on cocaine..
He died because he had heart issues.
He died because of this, and because of that — but certainly not because he was stuck in the head multiple times by on-duty, veteran police officers with flashlights.
At that time, no on duty police officer had ever been convicted of murder. Never in the history of the United States.
But I had faith in the juries that we had selected. I was convinced that Detroiters would accept the verdict no matter which way it fell. I believed this even though nothing had been captured on videotape. Cell phones, body and dashboard cameras were not yet commonplace. But the testimony of those who labored to explain the circumstances of Mr. Green's death —the civilian witnesses, the medical experts, the use of force expert — was compelling.
Over the last few weeks, the Chauvin trial has been broadcast on TV, and even live-streamed, But in 1993, there was only Court TV, and it had yet to reach Detroit.
Don Barden, the owner of Barden Cablevision, understood the significance of the Green case, and made sure his viewers knew what was happening in the courtroom. Every day for twelve weeks, Detroiters saw prosecutors fighting like hell to convict the defendants and hold them accountable. People saw that we were serious and singularly focused.
I will never, ever forget what it was like waiting on those verdicts. Each defendant had his own jury, so we waited on 24 people to decide the fate of the defendants. And waited, and waited.
One jury would take eight days, the other nine. Intellectually, I knew that we had done everything that we could possibly do. Even so, I couldn't help second-guessing every decision: What if I had made this argument, or that one?
I sleepwalked through those days, trying to ignore the world and minutia around me, and praying to God every waking moment.
In the end, Budzyn and Nevers were both convicted of murder, and Detroit did not burn.
I distinctly remember bolting up the stairs of the courthouse followed by the press when I was contacted about the verdict from the first jury; the second jury announced that they had a verdict the next day. I knew that justice had prevailed before the verdicts were even read. I just knew. Both defendants were held accountable for their actions.
I was just as confident that there would be a verdict of guilty in the Chauvin case. As a result of videotaped footage of the crime, police and civilian and expert witnesses presented to the jury, justice prevailed, as it did in the Malice Green case.
The verdict in the Derrick Chauvin case is a victory for police accountability. I would urge the public to believe in our system of justice. I would also urge the public to remain peaceful in respect for the memory of George Floyd. " [Source]
Kym Worthy toots her own horn a little, and that's fine. But what she didn't say in the article (although there is a mention of it with the captioned that comes with the article), was that the convictions of these two police officers was later overturned on appeal, and they were retried separately and found guilty of involuntary manslaughter.
I am thinking the same thing here. It's deja vu alright, but not for the reasons that Ms. Worthy thinks.
Photo: Richard Lee/Detroit Free Press
32 comments:
Yes, and the eighth circuit is chock-a-block with Republican appointees, so by the time they hear the case, much of the public pressure that informed this trial will have dissipated and those Republicans get their way with it, there's a good chance all verdicts will be overturned.
It's an all too common result of police prosecutions, really.
-Doug in Sugar Pine
Chauvin is toxic. The cop in South Carolina who shot Walter Scott had his sentence upheld so there is hope.
The usually insightful Michael Harriot holds his sass in check to summarize the options on police reform. As a NYer, I like drawing funds from the police union to help pay civil settlements. Would that ever wake up the police! https://www.theroot.com/how-you-can-honor-george-floyds-life-with-real-police-r-1846733324
The criminal justice system is so corrupt at every level that confidence in anything approaching justice being served is quite unpossible, and has been for some time. Reform has always been one step forward two steps back.
The school to prison pipeline is the undeniable proof of corruption.
“Chauvin is toxic. The cop in South Carolina who shot Walter Scott had his sentence upheld so there is hope.”
The cop in South Carolina didn’t really have any meaningful grounds to appeal. He tried to argue ineffective counsel, saying that his lawyers failed to inform him of a plea deal from the prosecution that would have come with a lower sentence, but there’s no evidence this actually happened. His lawyers swear he was informed of the deal and turned it down.
Chauvin may have more routes to appeal, however.
There is the questionable, “creative lawyering” involved in labeling the restraint (with excessive force) of Floyd as an “assault,” which is a necessary component of the second-degree murder charge. This violates at least the common-sense understanding of what an assault is.
There is some weirdness in the wording of Minnesota’s third-degree murder law, which MAY mean it can only be applied to violence that is vaguely aimed at a crowd of people, not directly targeted at an individual like Floyd. (If this turns out to be ruled true, then that’s kind of a dumb law, in my opinion, but whatever.)
Finally, as the judge alluded to, there is the “BLM defense”: They’ll claim the jury was swayed by mobs of angry lefties outside the courthouse threatening to riot. Chauvin’s lawyers will reference the judge’s refusal to move the trial out of Minneapolis, and his refusal to sequester the jury until they got to the deliberation phase of the trial, as factors that helped the angry mob to bias the jury.
“As a NYer, I like drawing funds from the police union to help pay civil settlements.”
This is a terrible idea. Unless you are a right-winger who hates labor unions, you should not want it to be legal to hold a union financially responsible for the individual misdeeds of one of its members. If that were legal with respect to police unions, it would be legal for all unions.
Off-topic, but this is hilarious. Imagine thinking it was a good idea to brag about being a Capitol rioter in order to pick up chicks.
Man Allegedly Boasted to Woman on Bumble that He Stormed Capitol — Then She Turned Him in
“Finally, as the judge alluded to, there is the ‘BLM defense’”
In case you don’t know what I’m talking about here, the judge himself in Chauvin’s case basically told the defense they had a shot to appeal any guilty verdict based on Maxine Waters’ poorly chosen words while addressing a protest, which could be interpreted as encouraging rioting.
Chauvin is toast. He was convicted by an impartial jury and had hours of testimony demolishing his defense theories. The idea his conviction could be overturned because someone exercised their First Amendment rights to free speech is ludicrous. If that's the case if I'm ever convicted I just need someone to say something controversial and I can get an appeal. Nah buddy, the evidence was presented and the jury chosen by both the defense and prosecution rendered their verdict. See ya wouldn't wanna be ya. Then again I'm not an attorney. What say you Field?
https://www.wsj.com/livecoverage/derek-chauvin-trial-verdict/card/Iyz3gigI6GsQkOsNQfo8
Most experts agree, Chauvin is most likely toast.
“The idea his conviction could be overturned because someone exercised their First Amendment rights to free speech is ludicrous.”
It does seem problematic if verdicts could be invalidated by the behavior of people outside the courtroom. However, this type of appeal would most likely target the judges refusal to do anything to mitigate public pressure on the jury, rather than the fact public pressure existed in such a high-profile case.
Would this appeal succeed? Who knows.
Field,
Thank you for this captivating window into your early career as a prosecutor. This reference of the trials of Nevers and Budzyn really tells us, as your readers, a great deal about who you are.
I am in awe. The lead prosecutor in the very first case to obtain, not just one, but two convictions for murder against policemen in their line of duty. I have nothing but respect and admiration.
I would encourage anyone who is a friend of the Field to look up this famous trial or maybe more accurately two trials. I get the Deja Vu all over thing is about the convictions being overturned upon appeal. A damn shame, but it takes nothing away from your good work. Good show mate!
“Thank you for this captivating window into your early career as a prosecutor.”
This was not Field’s earlier career. He excerpted an article from Kym Worthy, the current prosecutor of Wayne County, Michigan, describing her prosecution of some Detroit cops 28 years ago.
The success of his appeal will likely hinge on whether his defense can convince a panel of Republican appointed judges that the trial judge biased the jury by refusing a change of venue and full sequestration of the jury.
You don't appeal the merits, they have already been decided by the jury unless some extraordinary post verdict development intervenes.
In Mr. Floyd's favor will be the fact that the trial judge allowed the defense extra leeway in disqualifying potential jurors, making a compromised jury a harder idea to sell to the appellate judges.
-Doug in Sugar Pine
It sounds like the successful appeal of the murder conviction of Larry Nevers, one of the Detroit cops Field’s story mentions, was won by his lawyers asserting the “BLM defense.” Even though, obviously, BLM didn’t exist at the time.
From Wikipedia:
“Larry Nevers' 1997 appeal to the Michigan Supreme Court was denied. However, he was successful on his appeal to a federal court, which overturned the verdict in 1999. It cited the showing of Malcolm X as well as jury members' hearing of preparations in case of riots should the officers be acquitted.”
“You don't appeal the merits, they have already been decided by the jury unless some extraordinary post verdict development intervenes.”
Well, you might not be able to retry the facts of the case, but you can argue the law was incorrectly applied in the case.
The jury decided whether the evidence presented matched the criteria for the crimes the defendant was charged with — as described in the jury instructions. But if the jury instructions gave wrongful definitions of second- or third-degree murder, ones more favorable to the prosecution than what the law actually dictates, then the jury’s verdicts based on them go out the window.
The definition of third-degree murder is already part of an appeal in a different police brutality case, that of fellow Minneapolis cop Mohamed Noor in the shooting of Justine Damond. If, by any chance, he were to win his appeal, Chauvin’s third-degree murder charge would also be overturned, because the same issues would apply.
oops
thank you
Chicago police officer justified in shooting illegal beaner kid armed with handgun:
https://www.youtube.com/watch?v=XQJO6cS5w2w
So it's been a year since Fergus suggested geezing bleach or cramming UV lights up your butt and the DOJ has indicted a dude in Florida and his three sons for manufacturing and selling industrial bleach as Miracle Mineral Solution that according to them will cure covid and a host of other ailments.
I guess it's true in a certain sense, as once you're dead, you won't care about the covid any more, but it's a lot like prescribing beheading as a treatment for acne.
-Doug in Sugar Pine
Voters boycotted Georgia Republican politicians last November.
Georgia Republicans responded by boycotting voting rights for people who don’t agree with them:
Corporations boycotted Georgia to punish the Republicans — except for Home Depot, which did not.
Black people boycotted Home Depot.
And now, valiant anti-woke warrior Ben Shapiro has boycotted the Home Depot boycott ... by buying a single plank of wood. What is he going to do with his plank of wood? Nobody knows.
Which goes to show that no matter what the political issue in America, somehow we always manage to end up someplace that’s spectacularly stupid.
https://dfw.cbslocal.com/2021/03/10/texas-man-rob-bank-dealership-loaner-loot-buy-bmw/
"The note read: “This is a f—— robbery. Play with me and die. I want $10,000 in 50 and 100 dollar bills now you got 1 minute or I will kill you.” After showing the teller the note, Warren pulled out what looked like a handgun and said, “I ain’t playing around, I only want 100s and 50s.”
"The teller gave Warren money from her drawer, including stacks of $20 bills with recorded serial numbers
"Warren later admitted that after getting the cash he drove away in a vehicle that had been loaned to him by a car dealership. He had been there earlier and was in the process of finalizing the sale of a BMW. Officials say it was about 15 minutes after the robbery when Warren went back to the dealership, in the loaned vehicle, and began waving around cash — literally. He eventually went into the finance office and tried to finalize the purchase of the BMW with a $3,000 cash down payment.
"Things began to fall apart for the robber when an employee at the dealership got a call informing him about the recent bank robbery — all while Warren was still there. The employee called police after realizing the description of the vehicle used in the robbery matched the one loaned to Warren.
"When Warren was arrested he had more than $5,000 with him and their serial numbers matched those stolen from the bank."
Bank robbery above is fake news. Texas magat got arrested for drunk driving after he parked his corvette under a van.
Anonymous said....,
Which goes to show that no matter what the political issue in America, somehow we always manage to end up someplace that’s spectacularly stupid.
5:58 PM
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It isn't stupid to refuse to spend my money in businesses and companies that contribute to causes I oppose. Why should I indirectly support Republican candidates, companies that pollute the environment, or that discriminate against anyone who isn't white and straight?
“It isn't stupid to refuse to spend my money in businesses and companies that contribute to causes I oppose.”
I’m skeptical that the boycott of Home Depot is going to work, as far as defending voting rights, but the part that I was really describing as “stupid” was Ben Shapiro and his plank.
Ben Shapiro is pretty reliable when it comes to comes to engaging in stupid, trollish stunts. He’s highly proficient in the art of embarrassing himself.
“Ben Shapiro is pretty reliable when it comes to comes to engaging in stupid, trollish stunts“
Wait, you mean the “intellectual” of the right?😆😂 He and Candace Owens own the libs with their sharp and biting brilliance.😂
“Chicago police officer justified in shooting illegal beaner kid armed with handgun:“
Because we all know when an anon links to youtube nothing but genius follows.🙄
Nobody knew what he was gonna do with that board, but I have a helpful suggestion...
-Doug in Sugar Pine
"Nobody knew what he was gonna do with that board, but I have a helpful suggestion..."
What kind of moron buys a single board? Is he in a kid's karate class or something? Um, I guess he doesn't know they also sell things like batteries, cleaning supplies and calendars. I guess it's more important to own the libs than to make rational purchases.
Every time I've ever bought a single board it's been a long two by four or a sheet of plywood, although I have been known to go through hardwood scraps bin at MacBeath looking for guitar repair material.
-Doug in Sugar Pine
There’s no way that square plays guitar. Bet you a fat man he plays violin or flute.
From NPR:
DOJ To Investigate Louisville Police In Response To Death Of Breonna Taylor
https://www.npr.org/2021/04/26/990935662/justice-dept-to-investigate-louisville-police-in-response-to-death-of-breonna-ta
-Doug in Sugar Pine
LOS ANGELES, CA —Shootings have spiked dramatically in Los Angeles where 445 people have already been shot this year, Los Angeles Police Department Chief Michel Moore announced Tuesday. It's a 73 percent spike over the first few months of last year and part of a disturbing trend of increasing violence in the city overall.
At the same time, residential and commercial burglaries are way down. Police believe the spike in violence and the drop in burglaries are tied to the shutdown — a time when more people stayed home and gun sales climbed locally.
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