The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal

Below is my column in USA Today on the approaching trial of former police officer Derek Chauvin for the alleged murder of George Floyd. Thus far, many in the media have failed to shoulder their own burden to discuss the countervailing evidence in the case.  Indeed, there is a real danger of a cascading failure in the case where a loss in the Chauvin case could bring down the cases against all four officers. This potential domino effect is the result of making the three other cases dependent on the base murder/manslaughter charge against Chauvin.

Here is the column:

The trial of former police officer Derek Chauvin in the death of George Floyd is scheduled to begin March 29 after the difficult task of selecting a jury. The difficulty is not in finding a jury that reflects the community but finding one that does not. And it became even more difficult Monday when Minneapolis announced a $27 million settlement in a civil suit brought by Floyd’s family.

One juror had been dismissed by then after he admitted that he feared he or his family would be harmed if Chauvin was acquitted. Another was dismissed after saying property damage during Black Lives Matter protests might have been necessary to achieve justice. Their problem was that they reflected their community all too well.

Judging from the encampment around the courthouse with barbed wire, fencing and security, authorities are aware of the potential for violence. The greatest threat, however, could be found in how the prosecution has structured the case — and the danger of a cascading failure of not just the Chauvin case but of the cases against all four officers.

An unstable and vulnerable strategy

The prosecutors constructed the cases against Chauvin, Alexander Kueng, Thomas Lane and Tou Thao like an upside-down pyramid resting on a conviction of Chauvin. The main charges against Kueng, Land and Thao are as aiders and abettors to Chauvin’s alleged murder or manslaughter. If Chauvin is acquitted or the jury hangs on the charges, the prosecution of the other three officers becomes extremely difficult.

Prosecutors are aware of the instability and vulnerability of that strategy. For that reason, they fought to restore a third-degree murder claim to give the jury another option for a compromise verdict between the second-degree murder claim and the second-degree manslaughter case. In a case that is best suited for a manslaughter claim, there is a risk of overcharging a case that undermines the narrative of the prosecution. The second-degree murder claim does not require intent to murder Floyd but still requires a murder committed in the course of another felony. The third-degree murder charge requires a showing that Chauvin perpetrated “an act eminently dangerous to others and evincing a depraved mind, without regard for human life.

There are some very significant challenges for the prosecution, even with the infamous videotape of Chauvin with his knee on Floyd’s neck for more than 9 minutes. There is a palpable fear that even mentioning countervailing defense arguments will trigger claims of racism or insensitivity to police abuse. However, the jury must unanimously convict on the basis of beyond a reasonable doubt after considering a variety of such arguments, including:

164 thoughts on “The Domino Effect: How All Four Cases In The Death of George Floyd Could Collapse With A Chauvin Acquittal”

  1. It seems that Prof. Turley has taken my advice and has attempted to actually learn something about the facts and evidence of the Chauvin case, as demonstrated by the bullet points he cites in his article. But he still has a weak grasp of the basics. For example, he critically omits that Floyd’s lungs were inflated to more than twice their normal size because they were filled with fluid. This was one of the main reasons that Floyd said that he couldn’t breathe. Now, having watched the complete videos of the entire case from beginning to end, I can assure you that at no time did any of the officers inject fluids into Floyd’s lungs to inflate them to more than twice their normal size. Rather, any qualified and sufficiently experienced forensic pathologist will tell you that this adverse impact on Floyd was the result of injesting the lethyl dose of fetanyl.

    Regrading the jury composition and venue, Prof. Turley also shows a similar lack of command of the facts. A good way to think of the problem with this Minnesota jury is to think of the Chauvin case as the converse of the O.J. Simpson case. In the Simpson case, the venue was changed from Santa Monica (including Brentwood, the section where the murder happened) to Los Angeles. This was done because the odds of a guilty verdict were high in Santa Monica, whereas the odds of an acquital were high in Los Angeles. In the Chauvin case, the odds of a guilty verdict are high in Minnesota, whereas the odds of acquital would be much greater at some relatively neutral location. But they’re not giving Chauvin the same treatment that Simpson was given. That’s because fairness and justice are taking a back seat in the Chauvin case. On the contrary, all legal decisions are being made on the basis of what will best satisfy the Racist Mob. This is the new Amerika.

  2. Chauvin v Minneapolis
    __________________

    False arrest.

    Malicious prosecution.

    Defamation.

    Wrongful termination.

    Incitement to riot.

  3. “Some people, here, also realize that S. Meyer/Anon must always have the last word. It’s been demonstrated in countless exchanges.”

    Anonymous the Stupid provides further insight into his head. The only reason for the discussion to last so long and then for you to make such a comment is that you are used to getting the last word and can’t stand it if someone else gets it. This is your life, but it is not mine.

    I’ll bet when you were with mommy and daddy there wasn’t much difference and you started off in the basement.

      1. Anonymous the Stupid, you are stuck. This blog is your life. For me it is a diversion or a time to think of ideas contrary to my own along with how those ideas arose and their potential validity. Most of our discussions are one or two minute deals not worth even those minutes but the rest has its purpose. When I give this blog up I can still think almost anywhere and I can always read a book.

        With that in mind you might want to reread what I previously said. Your comment had nothing worthwhile to think about.

        Anonymous the Stupid, stop complaining and whining all the time. You are a grown man, aren’t you? I chose to give my opinion. If you don’t like it, too bad. If you don’t want to hear more, don’t respond.

        If you feel you are being misinterpreted then make sure you write clearly and for goodness sakes, stop lying and twisting everything into a pretzel.

        I don’t generally move goalposts but I can’t help it if you are stuck downfield and the goalpost looks far away. That is because you haven’t made your point, lacked facts or otherwise made non-credible comments.

        If you think I am misinterpreting something you can ask me a direct question skipping your typical attempts at gotcha and you can provide the factual material needed for an answer. Stop playing lets LINK to another long drawn out article that isn’t even on point.

        1. “stop complaining and whining all the time.”

          Take your own advice, Allan.

          “If you don’t want to hear more, don’t respond.”

          Take your own advice, Allan.

          1. Anonymous the Stupid, I want to hear a lot more especially your whining and crying. In between you can provide the blog with your pearls of Stupidity.

            1. Given your tendency to hear whining, crying, and stupidity where there isn’t any, Allan, it should be really easy for you to get what you want.

              1. You are a whiner and a crybaby. You chose to link yourself in the anonymous category. Live with the problem you create. You do this to hide and then complain that other people were acting like Anonymous the Stupid. Most of the times Anonymous the Stupid acts just like his name says.

                1. Your insults all describe you, Allan. Given the frequency with which you post insults about people’s intelligence, it suggests that you have an inferiority complex.

                  1. Anonymous the Stupid, there are a lot of people smarter than me, but very few people reach your level of Stupidity.

                2. You’re the only person who merits the insults and names you give to others Allan.

                  1. Anonymous the Stupid, you never cease being Stupid and your always around Just like Hammurabi. He ran on the wheel just like you.

  4. Wouldn’t you expect the thin skull rule to apply here? For those not familiar with it, the ‘thin skull’ rule says that the defendant must take his victim as he finds him. Therefore, even if injury or death is not reasonably foreseeable the law still considers the defendant liable if the victim suffered from some physical or mental condition that made him or her vulnerable. That is, even if a blow to the head would not have harmed most victims, if this particular victim had an unusually thin eggshell skull that broke easily, well, you take the person as you find them; if your actions caused the injury, the notion that your action may not have harmed other people is not defense. Here, Chauvin’s action led to a result and even if a different person without drugs in their system may not have been as susceptible to Chauvin’s actions, that’s no defense.

    1. “If my aunt had balls she’d be my uncle.”

      – Anonymous
      __________

      The criminal suspect was exercised, hysterical, abusive, dangerous, a menace to society, including police officers, and refused to follow the orders of police (i.e. the law).

      Time must stop on orders from police until the situation and the facts are sorted out.

      The criminal suspect is responsible for the entire episode from beginning to end, inclusive.

      Courts must discover that they are not legislators or modifiers of legislation, and they certainly have no business defending and making excuses for suspected criminals and defendants based on their own overdeveloped senses of guilt and empathy. Judges who are incapable of adjudicating should join the clergy. Usurpation is an impeachable and actionable offense.

      No mercy. No quarter. The law, the whole law and nothing but the law.

    2. No. The application of the eggshell/thin skull rule is different in criminal cases compared to tort cases. In a classic English criminal law case, R v. Blaue (1975) 61 Cr App R 271, for example, the court held that “those who use violence on others must take their victims as they find them.” Even assuming the same principle applies in the instant case, there’s no “violence” in any way, shape, or form that Chauvin or any other officer used against Floyd. The defense can proffer no reasonable eivdence that any actions the officers took caused Floyd’s death, especially in the face of the overwhelming and obvious evidence that the real cause of Floyd’s death were self-destructive choices made entirely by Floyd himself. That said, none of the facts or law matters in the Chauvin case. The outcome, unfortunately, will be detemined by Racist Mob Rule. Welcome to the new Amerika.

  5. So many are sick and tired of the BLM false narrative bullsh*t making all these criminal thugs into sainted heroes deserving of gold coffins, star-studded funerals, statutes and mulit-million dollar bogus settlements given away to their surviving families. It sickens most people paying attention. This sham of a trial will cement the disdain for BLM and the Democrats bogus narrative even further.

  6. “Minneapolis police used neck restraints at least 237 times during that span, and in 16 percent of the incidents the suspects and other individuals lost consciousness, the department’s use-of-force records show.”

    – NBC
    _____

    You don’t say!

    Looks like this neck restraint procedure, in fact, does not cause the premature expiration of criminal suspects who are subjected to it…must have been something else.

  7. From Project Veritas:

    We did what they said could not be done:

    You read that right: The New York Times’ Motion is DENIED. Now, The Times answers to us.
    Late last year, The Times accused us of deception and a “coordinated disinformation campaign.” So, we sued.

    Now the NYT goes to court or settles.

    1. The Veritas video allegedly shows voter fraud. The NYT writer claimed that the video is “deceptive.” And her “source” for that claim is Wikipedia (?!). Yet as Wikipedia itself acknowledges:

      “Wikipedia is *not* a reliable source. Wikipedia can be edited by anyone at any time. This means that any information it contains at any particular time could be vandalism, a work in progress, or just plain wrong.” (emphasis added.)

      Journalism is dead.

      1. Sam, Project Veritas has been wracking up solid wins in court without loss and receiving significant damages payments. Additionally they now have well over 300 retractions listed.

        The left claims PV is not accurate, but the video’s, winning streak in court and the retractions show a completely different story. The MSM lies continuously.

        Credit James O’Keefe who shows flair and guts.

  8. Thank you for clarity and for stating facts. In this age of rage it
    great to have someone who can look at hot issues with some
    degree of objectivity

    1. What are you smoking? Turley spun the facts to create the false impression that Floyd died of a fentanyl overdose, and not having his neck compressed by Chauvin’s knee.

        1. Young – IOW suicide? You believe that if Mr. Floyd had been left alone, he would have succumbed anyhow?

          1. Bill- “You believe that if Mr. Floyd had been left alone, he would have succumbed anyhow?”
            ***
            It seems likely. Many people have died with similar drug loads in their bodies. Add to that he had Covid and multiple other health problems known to be dangerous. It’s a wonder he was alive.

            In his previous arrest he swallowed drugs and was saved by getting to the hospital faster. He was not a good person and he was leading a dangerous life.

            1. Does anyone think an unhealthy person with multiple drugs in his system and a fentanyl level through the roof would die of an overdose? Who would think of such a thing?

              Last 20 years 841,000 people died from a drug overdose.
              2019: Just under 71,000 dead from a drug overdose.

              Who would ever think George Floyd could have died of a drug overdose.

              Let’s open the borders wider so more fentanyl can enter the country. While we are at it let’s put away Chauvin for life and defund the police..

              https://www.cdc.gov/injury/features/prescription-drug-overdose/index.html

          2. Bill- I just read a little more about the incident that led to Floyd’s arrest. In the store he was acting erratic and very intoxicated. When the police arrived he did what put him in the hospital the last time and swallowed much of his drug stash.

            One way of committing suicide is to get drunk and then take drugs.

            It usually works.

            He probably expected to wake up in the hospital again.

      1. NUTCHACHA,

        Has been smoking all that wholly unconstitutional generational welfare, affirmative action privilege, forced busing, “unfair housing,” “non-discrimination,” WIC, TANF, HAMP, HARP, HUD, HHS, “hate crime,” Obamacare, disability, SSI, etc., etc., etc.; $25trillion worth since 1965. That’s a walloping load of public assistance that would give any human being a buzz.

        Of course, George Floyd was a fine upstanding citizen and pillar of the community who didn’t drink, smoke or, otherwise, ingest, and who went to church regularly.

        1. Asian-Americans… People of Yellow?… People of Asian… Americans are suing diversity dogmatists to overturn color-based affirmative discrimination.

          1. Where are the SCOTUS and judicial branch which swore to support the “manifest tenor” of the Constitution?

            Oh, yeah, that’s right. They’re fully occupied overseeing the imposition of the Communist Manifesto.

      2. No….not at all.

        You have decided that it was the. neck restraint that caused the death…based upon your own bias and knowledge of the evidence and statements of the accusers.

        I suggest you let the Court do its job first…then see what the grown ups decide.

      3. Odd, while the video coverage suggests strongly that the “murder” occurred during daylight hours, the autopsy has a time of death after dark! None of the actors in this production during Covid masking requirements were wearing masks! That makes it easier to identify one of the “officers” as the same paid actor in a different false flag event. One of the clips on line shows an obvious mannequin being used that is “George Floyd” however a lawyer came forward and documented that George Floyd died in 2016 in Texas. The local company that makes that type of mannequin for medical purposes burned down shortly after this production was filmed. Mr Turley must live in a bubble not to have known this was a mock up intended to start social unrest. Check out Jamesfetzer.org for evaluations of this false flag and others.

        1. Do you have more information about this? Links? The initial video of Chauvin looks like someone else than who is showing up in court now.

  9. Thank you so much, Abraham Lincoln.

    How can America and actual Americans ever repay you?

    Freed slaves, by law, must have been immediately deported as illegal aliens upon the issuance of the wholly unconstitutional emancipation proclamation.

    Imagine a free America.

    Would that the unlikely president (38.9%), “Crazy Abe” Lincoln, had done his job.

  10. Floyd’s adverse reaction started as early as the second venue, the police car, and perhaps less visibly at the first venue, the sidewalk, while seated. The question is if the officer misdiagnosed the cause of the adverse reaction through inexperience, negligence, or choice, and proceeded to follow established protocol to restrain the suspect in order to protect people in proximity and the suspect from himself.

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