Yeah cops are being trained ass backwards. The video they love to show is a cop not being paranoid and then getting killed in a shootout with the occupants of the car. That cop died a fucking hero verifying that they were a threat.
The entire part that is supposed to make being a police risky is that you have to put yourself in risky situations to protect the public. That means dealing with people who are having literally the worst day of their lives with pretty substantial restraint and being very creative about AVOIDING the use of violence.
Instead we have a police culture that glorifies violence and encourages the use of things that really should be the very last resort as quickly as possible. Constant admonitions to ‘come home safe’ etc. You’re going out and patrolling a neighborhood in a first world city, it’s not a war zone… but even if it were the way cops operate now would make the situation worse in COIN situation.
Umm…wtf? And there is a legitimate lab test debunking this theory? Gonna need some law bros to explain this shit. CO is a very easy and very accurate lab test to perform.
That being said, as a non-lawyer, I would still assume that the prosecution could rebut evidence/arguments raised by the defense.
Unclear to me whether Brady violations apply to evidence that could potentially exonerate the accused or if they only apply to evidence that definitely wouldn’t exonerate the accused.
As I understand it:
Someone withheld the CO test results from the discovery package (or whatever it’s called). Those results could have been helpful to Chauvin if they showed elevated CO levels. In that case, withholding the results would have definitely been a Brady violation. But these results apparently show the opposite, which would not be helpful to Chauvin. Lawbros, does the prosecution have to turn over this evidence as well? Does it matter whether they planned to use this evidence in the prosecution’s case, or just hold it back to rebut anticipated defense arguments?
Take out the “I don’t know, he thinks he’s being careful or something” part and yes. Depraved indifference requires that you know that it can and does cause death, and you just dont’ give a shit. Thinking that it’s not going to cause death because your’e being careful would take it out of that.
Yeah this doesn’t sound like a Brady violation to me, but maybe a discovery fuckup.
Edit: It sounds like the fuckup was the ME never turning the results over to the prosecution.
Actually I’m back to this being a bullshit ruling from the judge. This sounds like this was medical records of Floyd not even arguably in the control of the prosecution or it’s agents. After The ME heard the testimony of the defendant’s expert, the ME requested those hospital records which included a panel that tested for CO. There was no reason for the ME to request that panel before this because the idea that Floyd died of CO poisoning is fucking ludicrous. This was not a discovery violation, this is bullshit.
Why would dying from carbon monoxide poisoning make it any less a murder? Did exposing Floyd to carbon monoxide while kneeling on his neck make it less criminal or more criminal?
Yeah, this occurred to me as well. I guess because the CO death wasn’t reasonably foreseeable (becuase it’s fucking ludicrous) you’d have a proximate cause argument and also nukes some of the requirements for recklessness, etc, which require Chauvin to be aware of the risk and consciously disregard that risk.
The defense argument is basically:
He died from CO poisoning!
The idea that he died from CO poisoning is so fucking ludicrous that there is no way Chauvin would have been aware that was a risk!
I mean, I’m not particularly concerned about this defense. I think this is much ado about nothing. Nobody watches that trial and thinks “Hmm, you know what probably killed him? Car Exhaust!”
there was one near me that hung 3 times. cop kicked his daughter out on the street for some “tough love”, then after she didnt beg to come back home, he hunted down his daughter’s african american boyfriend using police resources and murdered him, dropped his gun in a trashcan and then called his lawyer.
took 4 trials to get people to agree that he actually murdered the kid.