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Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence

 
Corporal Punishment

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05/13/2021 02:56 PM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
You know, this is one of those things that matter, but really won't. The entire trial will be thrown out either by this judge or on appeal because a person on the jury decided to hide his hatred of white people then go online with photos showing how he fooled the man.

It going to piss off a bunch of people but this is how our system works.
 Quoting: Anymouse Coward


Cahill is not throwing anything out. It may be grounds for appeal but that's after sentencing.

Read the Judge's decision on Aggravating factors for a Longer Sentence here:

[link to www.mncourts.gov (secure)]
 Quoting: BBQ BOY™


I agree that Cahill won't declare a mistrial for political reasons. But he can and should. That he won't speaks to the level of corruption of courts in our country.

I assume the defense has made a motion based on the juror's statements. The evidence is clear there was a juror who lied during selection. The judge does not have to complete the trial knowing this has not afforded the defendant of his constitutional right to fair trial.
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Hard to find anything about this case motions.But this is new.


"Never underestimate the pain of a person. In all honesty, everyone is struggling. Just some people are better at hiding it than others."

Everyone has to work out their own salvation.

Life can only be understood backwards, but it must be lived forwards.
Corporal Punishment

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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Hard to find anything about this case motions.But this is new.


 Quoting: BBQ BOY™


The federal case might be interesting. The federal jury pool will be the entire state of Minnesota. If the jury convicts in this political prosecution my hope for America dims.
GooPile

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05/18/2021 02:46 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
I just found out that Floyd said his breathing would stop if he was put into the back of the police car.

I previously made mention that he said "I can't choke" followed by "I can't breathe" when being put into the car as potential evidence he was changing his story as an excuse under claustrophobia to not get in the police car.

I didn't realize that seconds prior, he actually said this (most of what he says is a response to a bystander who tells him he "can't win"):

"I'm claustrophobic. I'm claustrophobic and I got anxiety. I don't wanna do nothing to them. Man, I'm scared as fuck man. When I stop breathing... if I stop breathing, it's going to go off on me man."

The transcript of the encounter I found online that I relied on (because I was too lazy to do it myself) says he said:

"I'm claustrophobic, and I got anxiety. I don't want to do nothing to them. Man, I'm scared as fuck man. [inaudible] when I start breathing, it's going to go off on me, man."

But it's DEFINITELY 'stop', not 'start', nor is the first part inaudible.

Did the defense even realize this? That Floyd predicted he would stop breathing if and when he is put into the car?

Occurs after the 9th minute:



This has strengthened my view that Floyd was lying about not being able to breathe as an excuse to get out of being arrested.

Last Edited by GooPile on 05/18/2021 02:56 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
It's "dead as fuck, man" not "scared as fuck, man".

UPDATE: Sometimes I hear dead as fuck and am sure it is what I heard, but I listened intently to every little sound and I'm pretty confident it's 'scared as fuck' not the other. Although dead as fuck would make sense as he later prophesized his death long before he took his last breath.

Last Edited by GooPile on 05/18/2021 12:16 PM
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MarPep

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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Apparently, the jury never got a chance to see the full video of the arrest---where Saint George started complaining that he could not breathe, and that he was dying, multiple times before he was put on the ground.

The conviction of Chauvin is one of the worst miscarriages of Justice I have seen. And now the "Judge" decides there were aggravating circumstances supposedly making it worse.

[link to www.youtube.com (secure)]
 Quoting: MarPep


The jury saw the whole video. They were just stupid or afraid.
 Quoting: Corporal Punishment


Any competent defense attorney would have played the video showing Saint George clearly stating multiple times BEFORE he was put on the ground (at his request) that he couldn't breathe and that he was dying.

And not just played it, but ensured that the jury could hear every word he had been saying. The defense attorney must have truly sucked---or the jury was compromised.

Last Edited by MarPep on 05/18/2021 02:19 PM
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GooPile

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05/20/2021 09:48 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Apparently, the jury never got a chance to see the full video of the arrest---where Saint George started complaining that he could not breathe, and that he was dying, multiple times before he was put on the ground.

The conviction of Chauvin is one of the worst miscarriages of Justice I have seen. And now the "Judge" decides there were aggravating circumstances supposedly making it worse.

[link to www.youtube.com (secure)]
 Quoting: MarPep


The jury saw the whole video. They were just stupid or afraid.
 Quoting: Corporal Punishment


Any competent defense attorney would have played the video showing Saint George clearly stating multiple times BEFORE he was put on the ground (at his request) that he couldn't breathe and that he was dying.

And not just played it, but ensured that the jury could hear every word he had been saying. The defense attorney must have truly sucked---or the jury was compromised.
 Quoting: MarPep


The defense didn't make a big song and dance about it, although they should have, but he included the full portions where Floyd is complaining he can't breathe prior to being 'positionally asphyxiated' during the closing of the trial. At that time, according to some journalists (blocked from our view), jurors were in slumberland. Part of that may be the defenses fault for making a rather long-winded, wordy closing argument, but I understand how every word he spoke was important so I don't want to be come down too hard on him. Besides, I'm sure the jury had their minds made up before the trial even began. The defense also didn't comment much on the fact that he was saying it before being restrained on the ground. During the closing arguments, even though the portions were played and you could hear it, Nelson I don't think commented on it. He did at the end of the prior day when the prosecution alleged he was saying he couldn't breathe prior to restraint because he was also being chocked by showing a deceptive still. Nelson there showed him the full video where it was clear his airways were unimpeded.

Last Edited by GooPile on 05/20/2021 09:52 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
A Minnesota judge has found aggravating factors in Derek Chauvin's murder of George Floyd — a finding that dramatically increases the likelihood of a longer sentence.

Chauvin, a former Minneapolis police officer, was found guilty last month of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the death of George Floyd in May 2020.

[link to www.npr.org (secure)]

Here is the order that Judge Peter Cahill made public:

[link to www.mncourts.gov (secure)]
 Quoting: BBQ BOY™


5 stars
BBQ BOY™  (OP)

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05/20/2021 11:25 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
I'm not sure if sentencing will be televised or not, but I will keep an eye on it and start a thread if it is.
"Never underestimate the pain of a person. In all honesty, everyone is struggling. Just some people are better at hiding it than others."

Everyone has to work out their own salvation.

Life can only be understood backwards, but it must be lived forwards.
GooPile

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05/21/2021 04:28 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
I have heard the request for a new trial was only a notice (that they had to submit within 2 weeks), not a motion. They still need to provide the motion and it could take half a year for them to get their case together. So I have been waiting for an update on that these last few weeks probably for nothing.
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BBQ BOY™  (OP)

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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Defense seeks downward sentencing departure for Derek Chauvin

Chauvin's sentencing is scheduled for June 25. Some legal experts believe Chauvin looking at 25-30 yrs in prison, while the maximum is 40 years.

[link to www.fox9.com (secure)]
"Never underestimate the pain of a person. In all honesty, everyone is struggling. Just some people are better at hiding it than others."

Everyone has to work out their own salvation.

Life can only be understood backwards, but it must be lived forwards.
GooPile

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06/06/2021 09:39 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Chauvin's lawyer posted a 64 page document explaining all their arguments for a new trial. The vast majority of the media purposefully ignored it. It outlines their case against the two jurors who have gone public. Under post-verdict Memorandum:

[link to www.mncourts.gov (secure)]

The part I read said the juror was only asked about protests in Minnesota, so the judge may find he didn't lie based on that. But I know the cockroaches were reporting that he had another question put to him about protests anywhere and he answered no to that as well. If so, that seems to be missing from Nelson's arguments, potentially another case where he has fucked up.

However, Nelson has brought up more issues, including the one I had the moment I heard the juror speak: he said he and 10 other jurors were on board for a guilty verdict that they could have rendered it in 20 minutes! That showed he and probably other jurors were not taking the life of this man including his potential innocence seriously. This was compounded by another thing Nelson brought out: that this juror was encouraging other activists to flood the jury pool, to determine court cases based on their political activism, not strictly the case by case facts. I felt he worded that argument well.

If any judge doesn't want to be faced with the prospect of political activists flooding the system, they would be wise to grant a new trial. I don't know if they will get this juror on perjury, whether or not a second question was put to him about attending any police brutality demonstrations anywhere as reported, but it is clear he doesn't respect the system.

Last Edited by GooPile on 06/06/2021 09:43 AM
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samanthasunflower

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06/06/2021 09:43 AM

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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
The only crime committed here is the persecution of the police officers. Saint Floyd was a junkie who died of a drug overdose. He was a horrible man in life and a horrible man and death
GooPile

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06/10/2021 09:16 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Another juror went public:



Don't know if she was interviewed by anyone else, only found the video by looking for Chauvin related videos by date.

Much less problematic account from this juror than the other as far as I can see, but she seems to have almost let out two more contentious things. Maybe I'm being too kind to her.

At one point during the interview she mentions that she thought this would be another case where something like this happens and the person (presumably police officers) get off scot free. This to me possibly shows she had an agenda before the case began, and possibly hinting towards a specific agenda against police deaths in custody. Secondly, at the end of the interview she encourages others to do their jury duty and be a part of the community. I don't necessarily disagree with this, if by that all she means is doing what a functional community requires of you. If she means to effect political change, then that is where I have an issue, and she did seem to correlate being a juror with being politically active (she mentions not having to wait for the next election). She didn't let it out, but interview her a few more times and see what comes out.

Last Edited by GooPile on 06/10/2021 09:20 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
People need to go through her social media, see if she protested like the other. That's the substance from her speaking out: she has made public her name.

ALL jurors right now should be publicly named. The threats they were facing were in the event of an acquittal.
GooPile
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06/10/2021 09:34 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
I see she retweeted about a black boy being 'lynched' (I saw it, but I can't find it again? Did she delete it or does Twitter insert irrelevant shit [I didn't check to see if it was marked retweeted], because I saw it?) and a Breoanna Taylor payment (September 16, 2020). She also retweeted about the 'birthday' of Breonna Taylor. That was actually post-trial.

[link to twitter.com (secure)]

Chances of her not having participated in the protests in Minneappolis?

EDIT: The boy lynched in a comment I can no longer find was Quawan Charles, I recognize glimpsing that first name.
EDIT2: I see it, it was retweeted on November 10, 2020 by this juror. I think the issue is Twitch just loads up a few tweets at a time, and it won't come up in keyword searches very often.

Last Edited by GooPile on 06/10/2021 10:07 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
The media is reporting Nelson has officially requested a Schwartz hearing to test jury bias. I think this will only apply to that other guy, but I think his defense should be investigating all 12 jurors.
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
State asks court to deny Chauvin attorney's request for new trial

Chauvin's attorney wants the convictions thrown out, claiming his client never had a fair trial.

In a motion filed Wednesday, the state says those arguments have already been rejected by the court.

[link to www.fox9.com (secure)]

The Motion Filed:

[link to mncourts.gov (secure)]
"Never underestimate the pain of a person. In all honesty, everyone is struggling. Just some people are better at hiding it than others."

Everyone has to work out their own salvation.

Life can only be understood backwards, but it must be lived forwards.
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
The former police officer is scheduled to be sentenced on June 26
"Never underestimate the pain of a person. In all honesty, everyone is struggling. Just some people are better at hiding it than others."

Everyone has to work out their own salvation.

Life can only be understood backwards, but it must be lived forwards.
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Mistrial incoming!!!!
 Quoting: Rick Deez Nuts


A mistrial must be declared before a jury renders its verdict.
 Quoting: BBQ BOY™


Right, you can't just change the sentence after the fact.
GooPile

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06/19/2021 01:11 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
The media originally reported that this juror said 'no' to two questions about protests: one question was specifically about whether he or anyone he knew attended any protests against police brutality in Minneapolis, the other was whether he or anyone he knew attended any such protests ANYWHERE.

I didn't read the full case by Nelson, but I only saw him mention the Minneappolis specific question. I then remembered several YouTube channels reported that there was only 1 question and that was Minneapolis specifically.

If that were the only question, this juror may not have committed perjury.

I finally went looking today for a copy of the forms and found it, and...

There were two questions asked of jurors, one Mineappolis specific, the other (as reported) anywhere. The question can be found, first question on the 8th page:

[link to www.mncourts.gov (secure)]

I don't know if the forms were the same for all jurors and whether he answered 'no' to this one as well as it was reported he did, but from the looks of it he did commit perjury and if Nelson is ignoring this later question it confirms this lawyer is an incompetent.

The media and prosecution are now trying to hide the perjury claiming the protests was only a MLK memorial. No, it wasn't. As covered elsewhere. It was subtitled: "Get Your Knees Off Our Necks" and 85% of it concerned police brutality. If this juror ticked 'no' to the second box and this is brought to the attention of the judge by a COMPETENT laywer, if the judge decides against Chauvin it will just prove corruption.

Last Edited by GooPile on 06/19/2021 01:14 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
And in all fairness if this juror did tick 'yes' there, then it is the defenses own fault if he gets let off and the argument gets thrown out. I don't like the idea that a person could get what amounts to almost a life sentence because his defense was incompetent, but it is what it is.
GooPile
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
Just went over the guilty verdict for count 1 pdf, which just has a box checked guilty, but it also has the forepersons number and I see it was this guy:

"Juror No. 19 is a white man in his 30s. He is an auditor who said he tries to resolve conflict and make decisions based on facts, not emotions. He has a friend who is a canine officer with the Minneapolis Police Department.

He said he supports Black Lives Matter as a general concept but disagrees with some of the ways group members go about things. He has an unfavorable opinion of Blue Lives Matter. He wrote in his questionnaire that he heard Floyd was on hard drugs, but said he doesn’t believe it should have much impact on the case. “Whether you are under the influence of drugs doesn’t determine whether you should be living or dead," he said."

Last Edited by GooPile on 06/19/2021 01:41 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
The proseuction also countered the argument by Nelson that this juror (citing a quotation) was only encouraging black people to join juries as part of their civil duty. And in that quote, he did. But Nelson pointed out a quote in which it is very clear that this juror was talking about joining jury duty to create (social) changes.

"If we want to see some change, want to see some things going differently, we've got to get out there get into these avenues, get in these rooms, to try and spark some change."

I wonder if BLM argued this at any point prior to the trial? Flood the juries to get the outcome they want?

Last Edited by GooPile on 06/19/2021 01:40 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
It seems the account that the defendent answered 'no' to both questions goes back to the Minneapolis Star Tribune. I don't see any disclosure of his specific questionaire on the Minnesota Judicial Branch page, and Google searches for such a .pdf have turned up fruitless. Fortunately, it seems some cockroach journalist had a mishap and accidentally reported the truth.

Last Edited by GooPile on 06/22/2021 02:39 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
I'm not sure if this has been covered here, but there was also another point of contention. It was leaked by someone that Chauvin had agreed to a plea deal of 3rd degree murder (I think) with a manslaughter-like sentence of 10 years and corresponding probation (I think), which was rejected. This leak occurred pre-trial at some point. Nelson is arguing this may have prejudiced the jury. Unlike the civil lawsuit issue, this is possible claims of prosecutorial misconduct. [It was not brought up after the trial to undo the verdict. It was an issue pre-trial.]

(I am under the belief that the plea deal would have eliminated state and federal charges. I am also under the impression this plea deal was before Chauvin was told Floyd had a potentially lethal amount of drugs in his system, which was reported by only one source because the rest of the cockroaches don't care about context.)

This is why there is a flood of sworn affidavits on the judicial page saying they were not the source of the leak and do not know who was the source of the leak. Many of these documents are on the pages of the other officers. They are making a particular effort to try and find the source of the leak by getting people to swear on the record. I guess the person who doesn't was a party to that leak.

Keith Ellison (the central prosecutor) did not swear in his document to not knowing who the source was. Matthew Frank also said "I did not know" who the source was which suggests he may know, just that he didn't. I can't believe that was an error. Keith Ellison also wrote a letter insisting no one from the prosecution team was in any way responsible for the leak, but he does NOT at ANY point in that letter say he doesn't know who was. Instead he smokescreens saying it was not really news anyway, citing other predecessor news articles (so where did they get their link from then?). So he does not say he does not know, only that it was not anyone in the prosecution team, and he smokescreens...

Last Edited by GooPile on 06/23/2021 02:17 AM
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
The only reason Keith Ellison is expressing sympathy for the officer is because he is guilty as sin. He knows he sacrificed this officer in the name of stopping civil unrest. He knows he and everyone else done wrong. They probably trained their experts to say what they wanted. He knows it was prosecutorial malice.
GooPile
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Re: Judge Finds Aggravating Factors In Chauvin Case, Paving Way For Longer Sentence
AG Ellison Seeks Comments From Community Leading Into Derek Chauvin’s Sentencing

Minnesota law says “representatives of the community affected by the crime may submit an impact statement.” Attorney General Keith Ellison’s website currently goes to a submission page, which asks for a statement and where the person lives — including whether that’s in Minnesota or even outside the U.S.


“I would imagine the judge would consider it on how much greater the sentence should be on Mr. Chauvin,” Joe Tamburino, a criminal attorney not affiliated with the Floyd case, said.

[link to minnesota.cbslocal.com (secure)]
"Never underestimate the pain of a person. In all honesty, everyone is struggling. Just some people are better at hiding it than others."

Everyone has to work out their own salvation.

Life can only be understood backwards, but it must be lived forwards.





GLP