The Trial of Derek Chauvin - Judgement(?) Day(?) has arrived!

[Sugar Puppet]

New stream

Derek Chauvin Trial: Judge, attorneys discuss jury instructions

Judge, prosecutors and the defense team return to court following the end of testimony to discuss jury instructions in the Chauvin trial.LIVE BLOG: https://w...

www.youtube.com

 

[AnOminous]

Powerlevel but if I ask a seemingly dumb question, it's because I read the Wikipedia article beforehand and it made me dumber.

This happens when your "reliable sources" policy means you are only allowed to cite paid liars on the right side of history.

New stream

Derek Chauvin Trial: Judge, attorneys discuss jury instructions

Judge, prosecutors and the defense team return to court following the end of testimony to discuss jury instructions in the Chauvin trial.LIVE BLOG: https://w...

www.youtube.com

The actual documents they're arguing about:
Defense's Proposed Jury Instructions
State's Amended Proposed Jury Instructions
State's Amended Proposed Jury Instruction Regarding Third-Degree Murder

The important documents about the case, including more argument about the jury instructions, are mostly here:
27-CR-20-12646: State vs. Derek Chauvin

 

[Not Really Here]

Trial recap for today for those who didn't watch

Chauvin Trial Day 14 Wrap-Up: Mistrial Narrowly Avoided, Closing Arguments Monday

Defense offered no practicable opportunity to contest Dr. Tobin’s rebuttal testimony

legalinsurrection.com

My favorite part of that blog so far-

STATE DIRECT QUESTIONING OF TOBIN REBUTTAL​

That direct questioning on rebuttal was conducted by Prosecutor Blackwell and took only about 8 minutes. Excitement, of the legal type, occurred about four minutes into direct when Tobin appeared to reference the blood gas data that Cahill had cautioned would result in a mistrial.
Nelson immediately objected, and the court went into a couple of minutes of sidebar, during which I’m sure the defense was asking for a mistrial.
Frankly, in my professional opinion, a mistrial in this case would be entirely warranted, if not from this particular incident in isolation, then from the accumulated harms done to the defense by the state’s untimely dropping of thousands of exhibits on the defense even as the trial proper was taking place, averaging nearly 500 new exhibits each day of the trial.
At the end of that sidebar, however, Blackwell returned to continue his direct of Tobin, so no mistrial, and presumably he was cautioned to avoid mention of the prohibited blood gas data.

averaging nearly 500 new exhibits each day of the trial.

500 new exhibits

'Let's start a trial then add 6,000 exhibits while it's ongoing and the defense only has 2 lawyers.'
Perfectly normal.

 

[Salubrious]

Trial recap for today for those who didn't watch

Chauvin Trial Day 14 Wrap-Up: Mistrial Narrowly Avoided, Closing Arguments Monday

Defense offered no practicable opportunity to contest Dr. Tobin’s rebuttal testimony

legalinsurrection.com

I feel like at this point the prosecution is intentionally going for a mistrial because they fucked up so badly.

 

[Banditotron]

This one looked like it'd be the most relevant

Pathology of Asphyxial Death: Overview, Epidemiology, Mechanism of Morbidity and Mortality

Alright, I've given the thing a read-through. It doesn't go in depth on the topic, but here is some relevant information to how one can die of asphyxia while having healthy amount of oxygen in their blood.
Here, I've isolated some relevant info. Bold text is my doing.
"TISSUE HYPOXIA
...
Second, blood flow and oxygen content are normal; however, the blood does not release oxygen appropriately, or the cells do not utilize it. Chemical asphyxiants such as carbon monoxide (CO) and cyanide (CN) operate in this fashion. Third, the amount of oxygen is normal, but there is restriction of the blood flow to the tissue, hence, lack of oxygen delivery and carbon dioxide pickup for elimination.
...
Restriction of blood flow from and to the brain is typically the major feature in ... strangulation. ... Compression of the neck blood vessels is sufficient to cause unconsciousness and death. Thus, unconsciousness and death may occur without significant compromise of the airway."
On a funny note, this was in the article:

Spoiler: lol trans

lol trans

 

[Top Skink]

their brain is warped

 

[Aunt Marge]

> Argue throughout trial that defendant killed victim via asphyxiation.
>Last day of trial after defense rests bring up hidden data showing victim had so much oxygen in his blood he may have been high off it.

I love everything about this trial.

I'm still holding my breath for the verdict. You never know, the jury might be full of immense retards who don't understand the contradiction and convict him of manslaughter at the very least.

 

[Wingnut]

And Nelson's power move was always going to be shitting up the prosecution's case and getting them to look like clowns playing whack-a-mole with shit like whether Squad 320 was running or not.

If something as mundane as that screws the prosecution's case, I want to buy that car a tank of gas since I can't buy it a beer.

 

[Trianon]

I feel like the judge got called on his own bluff. He said almost word for word and in the most stern voice I've heard him speak during the whole trial "if there is even a HINT of the test results I will declare a mistrial"

Prosecution decides to put the Irish guy on the stand again... who had trouble following the way court works the first time around. I don't even think the point of the CO was on the forefront of juror's minds. Irish guy almost immediately says "test results from X hospital"

Am I missing how this wouldn't be a mistrial?

Tbh I don't really want it to go down that way.. I'd like to see the jury come up with their verdict. I'm just curious

Can the judge call a mistrial after the jury hands in a verdict? Or does it have to be in the moment? Maybe he's waiting ... for a break.

 

[RA-5C Vigilante]

I have no deep insight, but I just want to say I fucking hate lawyers.

 

[Barbigny]

Don't know if I'm late to saying this, but people with CO poisoning can still have a normal reading on pulse oximetry. Doctors usually rely on patient history to make a diagnosis in the absence of direct measurement of carboxyhemoglobin.

 

[MuuMuu Bunnylips]

I know, right? My inner accelerationist is giddy just thinking about it.
View attachment 2090245
All in! No (s)need for restraint here, fellas.

You can never go wrong with "REEEEEEEE!"

 

[Roybertitos]

I feel like at this point the prosecution is intentionally going for a mistrial because they fucked up so badly.

That's a possibility, but it's a little weird for state prosecutors going for the option that would leave no other enemy for BLM and antifaother than the state. beating a murder charge through a legal fuckup is going to make the prosecution look like clowns and everyone will start blaming the system.

Nothing gets a crowd angrier than a perceived miscarriage of justice, regardless of political leanings, so it's gonna be a category five chimpout. We might get a situation where rioters burn down the court house. Overall, this is the worst possible way this could end for everyone involved other than Chauvin, if he's not assassinated within a week.

Or maybe the prosecution and the Mick are retarded and fucked up royally. Either way, I'm unconvinced it's gonna go to mistrial cause of how volatile the situation is.

 

[pearlslam]

Can the judge call a mistrial after the jury hands in a verdict? Or does it have to be in the moment? Maybe he's waiting ... for a break.

I don't know if accurate, but the judge in rare cases can set aside a jury verdict if there are allegations of misconduct and rule on the case himself. Prosecutorial misconduct can top that list for Cahill.

 

[Swerf'n'Terf]

Lol if reddit hunk Dr Tobin is the one to trash the case. Bets on how he'll 41%? I'll go for rapid escalation of pre-existing Buckfast problem.

'Buckfast gets you fucked fast'.

 

[Dr. Geronimo]

I don't know if accurate, but the judge in rare cases can set aside a jury verdict if there are allegations of misconduct and rule on the case himself. Prosecutorial misconduct can top that list for Cahill.

It should've fucking happened today. Not even Chupp blueballed me this hard.

I still don't see how Chauvin doesn't walk in the end. Even if the jury finds him guilty now he has enough appeal material to fill the grand canyon.

 

[Aunt Marge]

That's a possibility, but it's a little weird for state prosecutors going for the option that would leave no other enemy for BLM and antifaother than the state. beating a murder charge through a legal fuckup is going to make the prosecution look like clowns and everyone will start blaming the system.

Nothing gets a crowd angrier than a perceived miscarriage of justice, regardless of political leanings, so it's gonna be a category five chimpout. We might get a situation where rioters burn down the court house. Overall, this is the worst possible way this could end for everyone involved other than Chauvin, if he's not assassinated within a week.

Or maybe the prosecution and the Mick are retarded and fucked up royally. Either way, I'm unconvinced it's gonna go to mistrial cause of how volatile the situation is.

A mistrial due to prosecutorial misconduct will still give them the chaos they're hoping for, even if it means Chauvin walks.

 

[introvertedobserver]

The prosecution won't ask for a mistrial on their own error, and defense may try to get a not-guilty and then if they don't get it request a mistrial on appeal? I have no idea how this stuff works.

The normal remedy for a Brady violation, as I understand it, is for the appeals court to reverse a guilty verdict (on appeal) and send it back for a new trial. Not usually a mistrial during the ongoing trial (unless one side really pushes for it).

I'd imagine the defense would want to see what the jury says first, because if they acquit everything ends right then and there in favor of the defendant. No do-overs. Best case scenario.

Where as pushing for a do-over (which is what would happen for a brady violation mistrial - it wouldn't be of the "you can't be tried again" variety) is a risk as it removes the possibility of the current jury voting to acquit.

 

[Łimønča]

Lol if reddit hunk Dr Tobin is the one to trash the case. Bets on how he'll 41%? I'll go for rapid escalation of pre-existing Buckfast problem.

He will chop off his potato cock.

 

[Coccxys]

As others have said declaring a mistrial there and then would mean the barbarian hoards would desend upon the court house so judge could be playing it smart. I bet the jury were hoping it would mistrial before they have to give a verdict, they have the options of convict someone despite reasonable doubt or acquit and risk a media doxing followed by the aforementioned hoards, someone else calling it would let them off dealing with that shit.