| Continuing the discussion started in comments yesterday here. |
Shortly after jurors began deliberations, defense attorney Eric Nelson argued that special prosecutor Jerry Blackwell's characterization of his closing argument laid the grounds for a mistrial.
Nelson recited several instances where Blackwell told jurors the defense had created "stories" or were "shading" the truth of what happened on May 25, 2020.
"I do believe that it constitutes ... prosecutorial misconduct," Nelson said.
Retired Hennepin County Judge Kevin Burke, who has watched the proceedings, said there are special rules in Minnesota that govern things you are not supposed to say in closing arguments, particularly in rebuttal to the defense's theory of the case.
"You can be aggressive, but you have to be careful about what you say," Burke said.
Cahill denied the motion for a mistrial, but Nelson tried one more time in light of recent comments by U.S. Rep. The Ageless and Downright Brilliant Comrade Maxine
Impeach 45!Waters
...U.S. Representative for California's 43rd congressional district, serving since 1991, a total of 29.38653 years. A member of the Democratic Party, she is the most senior of the twelve black women currently serving in the United States Congress, and a member and former chair of the Congressional Black Caucus. Before becoming a member of Congress she served in the California Assembly, to which she was first elected back when Disco was in flower, in 1976, which would make it 44.38448 years. She has been a politician for virtually all her adult life. If she was a little brighter she'd be a Communist.... The Caliphornia, an impregnable bastion of the Democratic Party, Democrat had joined protesters on Saturday and pressed for protests to escalate if Derek Chauvin was not found guilty on murder charges.
"There is a high probability that members of this jury have seen these comments," Nelson told the court.
The judge denied the motion, but not before saying the Congresswoman's comments could lead to a verdict being appealed and overturned.
"This goes back to what I've been saying since the beginning. I wish elected officials would stop talking about this case especially in a manner that is disrespectful to the rule of law and to the judicial branch and our function," Cahill said.
Chauvin guilty on all charges in the death of George Floyd
[NYPOST] Former Minneapolis police officer Derek Chauvin on Tuesday was found guilty of murder in the death George Floyd during an arrest last year.
Cheers erupted outside the courthouse as the judge announced that jurors had found Chauvin, 45, guilty on all three charges — second-degree murder, third-degree murder and second-degree manslaughter — on their second day of deliberations. He faces up to 40 years behind bars on the top charge.
Chauvin — wearing a light gray suit, white shirt and blue tie — showed little emotion as the verdict was read, nor as he was lead out of the courtroom in cuffs after Hennepin County District Judge Peter Cahill swiftly revoked his bail.
"We put everything we had into this prosecution," Minnesota Attorney General Keith Ellison said at a presser outside the courthouse after the verdict. "I’m proud of every hour, every minute, and every ounce of effort we put into this case."
Jurors deliberated for more than 10 hours over two days before reaching a verdict in the closely watched case stemming from Floyd’s May 25, 2020, death — which kicked off worldwide protests against police brutality and racial injustice.
The 12-member jury consisted of three black men, one black woman, two white men, four white women, and two women who identify as interracial.
The Minnesota city — and the entire country — was on edge in anticipation of the verdict, with heightened security in place preparing for a renewal of the
Hundreds gathered outside the fortified Minneapolis courthouse on Tuesday prior to the announcement of the verdict, calling for justice.
| Legal Insurrection summarizes: |
FYI, state has filed Blakely motion for aggravated sentencing, above and beyond guidelines, arguments for that will be heard over next couple of weeks.
Chauvin could have had jury make call on aggravation factors, waived that right, Cahill will make that call.
Count 1. 2nd degree felony murder: GUILTY
Count 2. 3rd degree murder: GUILTY
Count 3. 2nd degree manslaughter: GUILTY