Tuesday, April 6, 2021

Whoops

 The hopes of all of those who believe that the large amount of drugs George Floyd ingested had absolutely nothing to do with his death, took a hit today.   Floyd’s dealer who was with him when this all went down, refused to testify today (through his lawyer) because he’s afraid that his testimony will  be used to convict him of 3rd degree murder.  It wouldn’t surprise me at all if the prosecution was holding off on charging him to see how the trial goes.    Thinking that convicting someone is better than convicting no one.    

10 comments:

Marshal Art said...

Interesting. But how could he refuse to testify? Did he plead the 5th? I didn't think one could abstain from testifying if one is subpoenaed. There are ways to squash a subpoena, but I can't see how any of those means come into play for a basic demand to give testimony. But to simply refuse? I wouldn't have thought it possible, particularly in such a case as this.

Craig said...

He did exercise his 5th amendment rights against self incrimination. He and his attorney are clearly worried that his testimony will be used to charge him with 3rd degree murder. Actually reading the statute, it's a charge that actually fits the circumstances.

My guess is that they tried to coerce him into testifying to things that would help the prosecution, by threatening him with charges if he didn't.

I see his testimony as being more helpful to the defense anyway. He establishes that amount and ingestion of the drugs, he establishes that by following the commands of the police that he wasn't harmed, he gives reasonable doubt the the "racist" narrative. In short, I don't understand why the prosecution tried to use him as a witness. The fact that he was afraid of self incrimination sends the message that the drugs could have caused Floyd's death.

Again, I don't see how it's logically possible to separate the affects of the drugs on Floyd's body and the restraint in his death. I don't see how it's possible to conclude that the restraint is 100% responsible for his death, and the drugs 0% responsible.

Marshal Art said...

I wonder if the defense can reference his refusal.

Craig said...

I suspect they'll make it a part of their closing argument for sure. I also suspect they'll re call him during the defense case to reinforce the point that both the dealer and the prosecution are prepared for him to be charged with 3rd degree murder.

While I haven't watched the entire trial, it seems that the prosecution's case hinges on the assumption that there was a point when the attempts to restrain Floyd went from appropriate to inappropriate. Unless they can pinpoint one specific moment and demonstrate that Chauvin absolutely should have been able to make the same judgement, I don't seem how they bridge the reasonable doubt gap.

Apparently Floyd is one of the few people in the country who died with COVID, but didn't die from COVID.

On a more serious note, it sounds like his lung function was compromised due to fluid in his lungs. It seems like fluid in one's lungs would impair one's ability to breathe.

Marshal Art said...

Even from the county medical examiner, it seems as if they're trying to leave open every possibility that Floyd did NOT die from his own bad health and drug use, because that would blow the "racist cop" narrative so crucial to their case and the justification for more riots and looting of innocent citizens. That is, until they figure out some cheap connection between Floyd's own behavior and racism...sort of what Dan tries to do, but not quite so cheap.

A good point about the COVID, but I wouldn't bet against those "tracking" such things to quietly add him to the list of the over 500K that didn't really die of COVID.

Listening to Larry Elder the other day, he played clips of the defense attorney cross-examining a "use of force" expert. They dealt in great detail with issues such as what you suggest. It's really a heat of the moment situation which is really easy for people...especially for race-hustlers and white-guilt patronizers...to presume the worst as if they'd do things better.

Craig said...

I think that's why they only have guidelines around use of force, not hard and fast rules. I personally can't see how it is possible to completely disconnect the drugs and Floyd's actions from his death. It seems reasonable to conclude that he he not taken a massive amount of drugs that he wouldn't have resisted, wouldn't have experienced the breathing problems before he was restrained, wouldn't have placed abnormal strain on his body, etc. The fact is that Floyd likely had as much to do with his death as anyone else. That alone is reasonable doubt.

What'll be interesting is something that I haven't heard discussed much, a hung jury. It's entirely possible that some number of jurors will dissent for some reason. Leaving us with a hung jury. Because of the threats of violence that the city and state are under, this means that they'll re try Chauvin. But, that means they'll have to delay the other three trials as well. It's likely that they realize that convicting Chauvin increases the likelihood of convicting the others, and a Chauvin acquittal seems like it ruins the chances of convictions. However, if they try the others and acquit, then it seems to make a Chauvin conviction more unlikely (unless it's just to use him as the sacrifice to stop the riots). It seems to me like a hung jury would be a disaster for the state.

You'll note that they haven't made much of the "racism" angle, likely because there isn't any and they know they can't prove it.

Historically society has valued the role of the police officer more highly than the role of criminal or drug addict, therefore there was always a tilt towards the officer when it came to use of force. I think that we're seeing that presumption get thrown under the bus here, which might have long term ramifications for the quality of police officers that we see in the future.

Craig said...

I wonder how they’re going to deal with the lack of “life threatening” injuries to Mr Floyd.

Marshal Art said...

One person, I believe from the Floyd camp, but possibly just another "expert" weighing in, has stated there doesn't need to be any visible signs of injury for the knee restraint to have been the cause. But as you say, it's difficult to imagine Floyd's own health and drug use can be separated from the final consequence. It's even more difficult to imagine they won't come up with some way to find the cop guilty because they want to avoid more rioting, looting, arson and assaults from peaceful protesters, which would be a most egregious miscarriage of justice...and I say that understanding they could find him truly guilty of being a cause, yet have that threat of rioting still a major factor in finding him so. It's an understandable fear, especially since the city lacks the cajones to use force to quell any rioting...which they damned well better when it happens.

As to racism, never fear. If Chauvin isn't convicted of the worst charges...let's pretend it'll be reduced to negligent homicide or some form of "depraved" indifference at worst...oh hell yeah, the usual moronic suspects from the race-hustlers and white-guilt set will most definitely assert racism. It's what they do. It's why they're beneath contempt and unworthy of any attention aside from quelling their rioting in the most forceful manner.

That hung jury possibility may spur cries of racism, but perhaps put off the rioting until after the re-trial. Really, these days just know that it'll come up, because the morons have nothing truthful to say.

Marshal Art said...

I just had to....

https://anncoulter.com/2021/04/07/minneapolis-vs-the-evidencex/

Marshal Art said...

Not as entertaining as Coulter, but providing additional filling food for thought:

https://www.americanthinker.com/blog/2021/04/george_floyds_rotten_friends.html