Monday, April 19, 2021

Chauvin Trial Wraps Up Today

In a few hours closing arguments will begin in the Chauvin trial and the judge will give instructins to the jury, which will then begin deliberations. Here are some observations.

The prosecutors were all extremely competent, and have put on a really strong case. The judge is also highly competent. The defense team blundered by using just one lawyer for all of the questioning. Apparently they were trying to present a "David vs. Goliath" impression with the jury, but this was a poor strategy--it puts too much of the load on a single person.

The defense case was woefully weak. They probably would have been better off by simply resting without putting on any witnesses. Jurors have to be wondering, along with Peggy Lee, "Is that all there is?"

Despite the overwhelming evidence presented by the state, a hung jury seems likely. In a country (and state), in which a deranged psycopath can garner almost 50% of the vote for presidnet, it seems unlikely that all 12 jurors will vote to convict a policeman who was doing his job.

In my experience it is often small things that end up being important to jurors, not the larger picture. Here is some things that jurors who are inclined to acquit might focus on. George Floyd brought this on himself. He was given two chances to properly pay for his purchase at the convenience store, when the 18-yeaar-old clerk went out to his car and politely asked him to take back the counterfeit bill. Floyd refused. Later, testimony was elicited that his blood pressure was 220/160, or thereabouts, which is incredibly high. He was, truly, a "dead man walking". And despite this, he was irresponsible enough that he refused to take his blood pressure medication! And, he refused to cooperate with the police when apprehended. He truly brought all this on himself.

And to those inclined the other way, I was impressed when one of the witnesses said that the tape shows that Floyd said "I can't breathe" 27 times! An astounding number, to be sure. Chauvin had ample opportunity to take his knee off of Floyd's neck and render medical aid. The question here is, will the prosecution stand silent for 9 minutes and 29 seconds during the closing argument, to impress on the jury just how long of a time this is? This technique worked beautifully in the George Zimmerman trial, when his attonrey stood silent for five minutres, which was the amount of time Trayvon Martin circled aaround to stalk and confront Zimmerman for following him, when Trayvon could have simply gone home in 45 seconds.

Floyd's family and supporters did the prosecution no favors with their pre-trial press conference in which they continually claimed this was "an easy case". It is by no means an easy case; the issues are complex and far-reaching. Stay tuned.

No comments: