Welcome to our ongoing coverage of the Minnesota murder trial of Derek Chauvin, over the in-custody death of George Floyd. I am Attorney Andrew Branca for Law of Self Defense, providing guest commentary and analysis of this trial for Legal Insurrection.
As a reminder, I am “LIVE Parlering” the trial in real-time over at my Parler account, which you can find using my Parler handle: @LawofSelfDefense.
Just a quick early morning post this morning to share with you Judge Cahill’s rulings on four important motions.
The defense had made motions to continue (delay) the trial as well as for a change of venue.
Both of those motions were DENIED. So jury selection, trial will continue on schedule in Hennepin County in this courtroom.
The defense had also made a motion to admit video evidence of George Floyd’s year-prior arrest-related drug ingestion event, which is remarkably parallel to what happened on his day of death in 2020. Judge Cahill will ALLOW very limited admissibility of this video, for the sole purpose of arguing Floyd’s actual cause of death, a key issue in this case—did Chauvin kill Floyd, or did Floyd kill Floyd via drug toxicity when he ingested fatal dose of fentanyl. Much of the video of that 2019 event will not, however, be admissible, only the portions directly related to Floyd’s physiological condition and response to drug ingestion.
The state made a motion to admit expert witness testimony of forensic psychiatrist Dr. Vincent, as evidence of Floyd’s emotional state and to explain away his apparent non-compliance with arrest. Judge Cahill has DENIED this evidence, on grounds that Floyd’s emotional state (as distinguished from his physiological state) is irrelevant.
However, Cahill may allow Dr. Vincent testimony if the defense opens the door by making argument around Floyd’s emotional state. In that case however, Cahill cautioned that if Dr. Vincent is allowed to come in then the ENTIRETY of the 2019 arrest-related drug ingestion event would be admissible to enable defense to rebut that testimony on emotional state.
Here’s the video of Cahill announcing his decisions on these four motions:
Until next time, stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
Attorney Andrew F. Branca’s legal practice has specialized exclusively in use-of-force law for thirty years. Andrew provides use-of-force legal consultancy services to attorneys across the country, as well as near-daily use-of-force law insight, expertise, and education to lawyers and non-lawyers alike in the form of blog posts, video, and podcasts, through the Law of Self Defense Membership service. If this kind of content is of interest to you, try out our two-week Membership trial for a mere 99 cents, with a 200% no-question- asked money-back guarantee, here: Law of Self Defense Membership Trial.
[Featured image is a screen capture from video of today’s court proceedings in MN v. Chauvin.]
For three different reasons, I think the judge ruled correctly on both motions.
First, a change of venue would not guarantee a fair trial, and it might result in a biased judge, as well as a biased jury.
Second, the cause of death, whether the death was a homicide or not, and who committed the homicide, if there was a homicide, is a central issue to the homicide charges. If George Floyd is guilty of the common law felony of self murder, then the defendent cannot be guilty of a homicide of any type, or degree.
Third, George Floyd’s state of mind (the reasons for his acts) is immaterial and irrelevant as to whether or not the homicide, if committed by the defendent, was justifiable, excusable, or felonious.
At this point, the publicity of this trial might be enough that even changing the venue to Utah might not be enough to overcome the publicity this trial is receiving!
In all honesty, the judicial system and trials are a complete crap shoot. It’s not “does the evidence support one side or the other”, but how it can be “spun”.
In this case, G. Floyd had, by the evidence from autopsy, ingested a triple lethal dose of fentynol,(sp.), among other drugs and alcohol.
And by the same autopsy, there was no damage to his neck from the “knee to the neck restraint” , to his trachea, or any bruising.
Not a murder by the police…But the prosecution will try to spin this incident into a murder trial..
I totally agree. Politics runs the decisions of elected officials and the prosecutor’s office. BLM, Crump, Soros and China have a lot of money to invest. Race is a very powerful dynamic and may cause the US to implode. Blacks kill blacks all day long. A black dies in the custody of whites and there’s hell to pay. Thank God for all the police who still go to work, ready to do the right thing and put their lives on the line to protect and serve. At the same time, “I can’t breath” should alert any police person, maybe send a chill up his or her spine, that the arrested has a problem. Due diligence is necessary immediately. Stop what you’re doing and evaluate. To ignore that request is the mother of all crap shoots.