Doesn`t say the knee caused it. There was a similar finding in the Eric
Gardner case, and no knee was employed on his neck.
And he is going to have to answer to what evidence he found on the body
that supports this finding.
> The coroner's
> finding is admissible evidence. Of course the defense can challenge that
> finding in court, but it is not an assumption.
>
>
> > It may have
> > played out exactly the same had they stood over him and played patty-cake
> > with one another. Beside all the destruction caused by people who assumed
> > the cops were the cause, that is.
>
>
> All that is necessary is for the prosecution is to prove that Chauvin
> contributed to Floyd's demise.
No. They had probable cause to arrest him. He resisted arrest, he
refused to comply with instructions, that is why things played out as they
did.
Perhaps had they not arrested him he might still be alive, but it isn`t
up to the cops, it is up to the criminals. Perhaps the excitement of the
arrest contributed, but the cops don`t bring a medical team with them to
ensure the person they are arresting can withstand the rigors of being
arrested.
> Even if other factors were contributing, if
> one of those factors was Chauvin's action, he is guilty.
No, it has to be an unlawful action. What Chuck produced, and the fact
that their city council rescinded the use of a knee as a restraining
option *after* the incident tends to show it was a lawful maneuver. That
Floyd did not die of asphyxiation and his neck showed to sign of trauma is
going to make it difficult for them to make a "this caused this" type
argument.
> This is similar in many ways to the killing of Hattie Carrol by William
> Zantzinger many years ago in a case made famous in a Bob Dylan song. If
> you only knew of the case from Dylan's song, you'd think Zantzinger had
> bashed her brains out with a cane. The reality is he struck her with a 25
> cent toy cane that didn't even leave a mark. What it did do was trigger a
> physiological response that caused her to go into cardiac arrest due
> largely to medical issues she had. The fact that Zantzinger's actions were
> the catalyst, even though not the primary cause of her death, made him
> guilty of manslaughter.
And this shows why this prosecution is bogus. If cops can`t arrest
people for fear they have some underlying illness which might make them
drop dead, what point is there being a cop at all? This incident with
Floyd became physical because the person being arrested made the arrest
become physical. In the Eric Garner case the cops stood and talked to him
for quite a long time trying to convince him to come peaceably (I can`t
find the video that used to be on youtube showing just how long they
talked with try to convince him to allow the arrest to occur). If hitting
someone with a stick lightly can cause death, and you can be charged with
causing that death, what chance does that give the cops?
> I suspect the Floyd case will play out the same
> which would make Chauvin guilty of manslaughter. Murder Two seems an
> overreach and might just be a plea bargaining ploy. If Chauvin is
> convicted, he'll probably serve less than five years.
I think in a perfect world he walks, but political considerations might
preclude that. If he is convicted of anything I would expect him to get
the maximum that charge allows, in deference to the angry mobs.
> > > That is inexcusable. Why would you
> > > continue to do so after being told he had no pulse.
> > What changes? Unless they had a legal obligation to attempt
> > resuscitation he was fine just where he was. Only if you see the knee as a
> > contributing factor does it matter.
>
>
> He had a legal obligation not to kneel on the throat of a guy who was
> having a medical emergency and staying there until the guy stopped
> breathing.
Again, you presume a connection between the two things that might not
exist. And his legal obligation might have been to hold Floyd still until
medical personnel could arrive.
> > The article Chuck linked to contains a lot of the ammunition the defense
> > is going to use, I would expect. It is going to be an uphill battle to
> > prove anything about what was the cause of Floyd`s death. The Medical
> > Examiner released some information, and then it appears they changed their
> > tune on some points, perhaps because of the Baden autopsy. They are going
> > to have to get on the stand and justify their conclusions definitively,
> > proving it was the manner of arrest that caused Floyd`s death. With the
> > drugs in his system it shouldn`t be hard for teh defense to find experts
> > who will testify it was the drugs he took that killed him. That alone
> > might cause reasonable doubt about what killed Floyd. The lack of neck
> > trauma will work against them. The autopsy concluded the cause of death
> > was...
> >
> > “CARDIOPULMONARY ARREST COMPLICATING LAW ENFORCEMENT SUBDUAL,
> > RESTRAINT, AND NECK COMPRESSION.”
> >
> > But the autopsy doesn`t seem to contain any physical support uncovered
> > in the autopsy that supports that finding.
>
> Those are details that will be brought out in court and likely challenged
> by the defense.
No, that is the point, they should have been included in the autopsy. If
there was physical evidence found during the autopsy in support of the
findings it should have been detailed in the report.
> It will then be for the jury to decide if the prosecution
> has proved its case.
It will be up to the Medical Examiner to show his findings were correct,
and what evidence they were based on.
> > The cops are paid to subdue and restrain criminals, and there could
> > always be some neck compression involved in the physical restraining. What
> > damage was noted that led the ME to believe this was what caused Floyd`s
> > death? If they get good defense attorneys I think they are going to give
> > the ME a difficult time on the stand.
> >
>
> You are trying to excuse the inexcusable. There was no excuse for Chauvin
> to kneel on Floyd's throat wile he was pleading that he couldn't breathe.
Again, you are assuming a cause and effect.
> It wouldn't bother me a bit if he got 20 years but that is probably
> wishful thinking.
Had Floyd died of asphyxiation and Chauvin`s knee could be shown to have
cut off oxygen, then you might be able to get this result.
> > > That is criminal.
> >
> > It is only criminal if they caused his death. That is looking more and
> > more problematic.
>
> It is criminal if he even CONTRIBUTED to Floyd's death, even if other
> factors were involved.
The excitement of being arrested might cause many people to drop dead
by exasperating existing conditions, should cops stop arresting people?