During my time as a sheriff’s deputy in San Diego County, California, in the mid-1980s, I saw San Diego police officers, California highway patrolmen (I never met a female patrolman), and deputies Sheriff’s deputies applied restraints to resisting suspects. arrest, and there were no deaths from the proper application of those restraints as a result of their proper use. Upon learning that 19-year-old Minneapolis police officer Derick Chauvin was charged with the murder of suspected criminal George Floyd for resisting the misuse of an approved arrest and restraint, I began a thorough investigation of the incident to uncover the facts. more prominent and convincing. After examining the effect of liberal media reporting on the racial undertones of Floyd’s death, I immediately assumed that if Floyd had been a white man in exactly the same set of circumstances, the media would not have found any interest, in absolute, in the death of a white man at the hands of the police while resisting arrest.
The first three weeks after Floyd’s death and autopsy, during which the Chauvin Office was accused by the media of causing Floyd’s death by fixation through the use of a department-approved knee and shoulder restraint system, gave resulted in false accusations against Chauvin, that he had cut off Floyd’s air by applying the knee restraint, and that the restraint alone, applied for nine minutes, was the cause of Floyd’s death. That gave the media enough time to produce headlines that skewed and prejudged the minds of most Minneapolis people as to Officer Chauvin’s guilt in “murdering” George Floyd. By the time the sixth week had passed in the criminal pretrial discovery process, Chauvin’s defense team had induced enough credible evidence from Floyd’s forensic autopsy and toxicity test to indicate that the premise “if it weren’t for” for lack of criminal culpability would apply to Chauvin’s actions and Floyd’s physical condition prior to his death. Simply put, were it not for the lethal level of illegal drugs in Floyd’s body and the dire physical condition Floyd was in prior to his death, Officer Chauvin’s nine-minute knee restraint would not have caused the death of George Floyd.
As such, Officer Chauvin’s criminal culpability, or culpability, was essentially negated, as Chauvin acted as he would have done to any other suspect, of any race, who had resisted arrest prior to the application of the knee restraint. . He, therefore, could not be charged with first-degree murder, second-degree murder, third-degree murder, or manslaughter as he had applied the department-approved knee restraint for nine minutes without causing the death of George Floyd. . The exculpatory fact that Floyd claimed to have shortness of breath fifteen minutes before Chauvin applied the knee restraint made it clear that Chauvin’s knee restraint had not caused the shortness of breath, and that officers would not necessarily have believed Floyd resists complaints as it is a proven fact that suspected criminals will say anything for the police to treat them patiently.
Then came the politically motivated Minnesota judge, Peter A. Cahill, who very inappropriately allowed Derick Chauvin’s trial to be televised, and began notoriously and inexorably loading the scales of justice against Derick Chauvin with bias and prejudice. In effect, Cahill made it impossible for Chauvin to receive a fair trial through his intentional acts. A sophomore in law school would have clearly recognized that what Cahill was doing to allow Chauvin to be charged with second- and third-degree murder was wholly improper, and that the elements of those crimes did not fit with what Chauvin really believed. have done. . Cahill had to appease the hungry wolves that threatened severe violence on the streets of Minneapolis if Chauvin was acquitted. I will put it this way, if newly appointed SCOTUS Judge Amy C. Barrett had been chosen to preside over the trial, she would have done things completely differently and granted the defense’s request for a change of venue. and would have kidnapped the jury from the beginning of the trial. He would have sought justice for Derick Chauvin and not racial and political appeasement for the black mobs of Minneapolis. Finally, if Barrett had been in charge, there is certainly no doubt that she would have declared a mistrial based on what the very stupid Maxine Waters did to invoke violence on the streets of Minneapolis if Chauvin were acquitted.
The old American aphorism espoused by such dedicated lawyers and judges as Clarence Darrow and the Honorable Learned Hand, “It is better that twelve guilty defendants go free than one innocent defendant falsely convicted,” does not apply in the grossly wrongful conviction of Derick Chauvin. . There is no question that if a Minnesota appellate court does not overturn Chauvin’s conviction and order either an acquittal or an unbiased retrial somewhere other than Minneapolis based on the egregious errors of law allowed by Judge Cahill , the standard of justice in the State of Minnesota will be tarnished forever.
