225 Comments
⭠ Return to thread

Sorry, I believe you missed my point. I always thought it was silly that he was charged with murder. But my explanation above is more about whether Chauvin was acting 100% by the book or whether he actually executed the MRT poorly which could have contributed to Floyd's death. The documentarians appeared to deceive is as I clearly see a knee on his shoulder and later a knee on his neck, and they claim it's in the same position, when it clearly is not. It could very well be that Chauvin was sloppy and accidentally contributed to his death (or he could have been maliciously using a poor technique although not with the intention to kill but just to make him feel extra discomfort; fyi, my hunch is that it wasn't malicious). However, the documentarians are clearly pushing the idea that Chauvin was doing everything correctly while showing us images that don't add up to their theory.

Expand full comment

Most of the general public haven't seen MI - mentally ill - cases before. I have, I did defense for involuntary commitments for 10 years. Floyd was pretty obviously an MI case, on his first arrest where he showed signs and symptoms of MI, he should have been involuntarily committed to a state hospital for long enough to treat the MI issues. If the ambulance had shown up, he would have been strapped to a gurney and transported to a locked psych ward and treated there. "Sloppy and accidentally" = negligent manslaughter, and "maliciously but without the intent to kill" = reckless homicide, also known as second degree murder - neither rise to the standard of first degree murder, which require a state of mind which is knowing and intentional. If your hunch is that it wasn't malicious, that means that there is a reasonable doubt that it could have been second degree murder. The correct way to have charged Chauvin would have been murder in the second degree, with an underlying lesser included charge of negligent homicide. If there was a reasonable doubt that it was second degree murder, the jury could have been given a negligent homicide instruction. First degree murder in this case is an example of over charging - prosecutors do this, though, as an incentive in plea negotiations, i.e. "If you decide to take this to a jury trial instead of having your client plead to second degree murder, I'll amend the charge to first degree murder." The presence of a crowd outside screaming for Chauvin's blood should have been sufficient for a change of venue, from the psychological pressure on the jury, combined with direct threats to jurors, there's no way that Chauvin got a fair trial on the merits.

Expand full comment

Again, you are missing my point. I am making criticisms at the documentary.

Expand full comment

BTW, I'm channeling Glenn's classic devil's advocate move here. I'd wager you can find experts out there who would refute that the MRT used by Chauvin was perfect, just as I'm sure the Loose Change documentarians could have found experts claiming the buildings could easily come down by the planes and fire alone.

Expand full comment