Friday 23 April 2021

The George Floyd Mis-Trial. (Rush).

On March 29th (29/3/21) a Court in Minnesota, US began hearing evidence. Over the death of George Floyd in the city of Minneapolis in May 2020.

This trial was of global significance. Attracting attention from most nations on Earth.

Firstly because the prosecution was being driven by Minnesota's Democrat Attorney General Keith Ellison. A fully paid up member of the Nation of Islam (NoI) cult.

Currently passing itself off under the slogan; "Black Lives Matter." This quasi-Islamist, Black Supremacist movement is a Soviet/Libyan plot to destroy America from within.

It's supporters have even been tricked into saluting in the Maoist style of the Chinese People's Liberation Army (PLA). While marching under the Red, Black and Green tricolour flag of Libya.

America's allies are obviously concerned. That it is making no attempt to stop itself being torn apart. By a plot whose architects no longer exist.

Everyone else is concerned. That not only is America failing to contain this threat domestically. Particularly through social media it is exporting its poison globally.

Secondly the case began with the state's medical examiner conducting an autopsy and releasing a report. Concluding that George Floyd had died of Cardio-Pulmonary Arrest.

In short George Floyd could breathe perfectly well at the time of his death.

However the Fentanyl overdose he had taken had slowed his heart. To the point it could no longer pump that oxygenated blood against the forces of gravity and the sphincter valves in his arteries. Starving his brain of that oxygenated blood

The medical examiner acting for the defendant also carried out an autopsy. Releasing a report. That also concluded that George Floyd had died of Cardio-Pulmonary Arrest. Caused by a Fentanyl overdose.

A third, independent, medical examiner also conducted an autopsy and released a report. Which also concluded that George Floyd had died of Cardio-Pulmonary Arrest. Caused by a Fentanyl overdose.

Normally. When the Prosecution, the Defence and an independent third party. All agree that no crime has been committed by any living person. The case is closed.

You most certainly do not proceed to trial. For crimes which the evidence has already proved did not happen.

So everyone was interested to see how Keith Ellison would even begin going about prosecuting the case.

The answer is that the Prosecution adopted a two-pronged approach.

The first prong was to appeal to emotion rather than fact. The hope being that the Jury would be so swept up by emotion that they would be blinded to the facts.

So the Prosecution began by showing a nine minute video of Floyd's arrest.

They then paraded many members of the crowd which had assembled around Floyd's arrest. Including a 9 year old child.

Legally this served no legitimate purpose. I don't think the authenticity of the video has ever been in dispute. Even if it were you would need no more than two witnesses, independent of each other, to corroborate it. 

Close friends and family members are not considered witnesses independent of each other. Meaning they cannot be used to corroborate each other's testimony. 

So normally a 9 year old child and her caregiver would not even both be interviewed. They certainly wouldn't both be called to give evidence in a trial.

At that point you would have expected the Judge to have put a stop to the Prosecutions parade of eye witnesses. Serving no legal purpose they were simply wasting the Courts time. 

It is also considered unethical to subject a 9 year old child or other vulnerable person to the pressure of a trial without an extremely good reason. Such as them being the victim or sole witness to the alleged crime.

You would certainly have expected the Judge to declare a mis-trial. When one eye witness, Donald Winn Williams, declared that he had seen Floyd being; "Murdered." Murder is a specific legal determination. The reaching of which, or not, is the entire purpose of a trial.

So an individual witness cannot say whether a murder has taken place or not. It prejudices the Jury's job to decide that.

The Prosecution's aim in calling so many eye witnesses was not to shed light on the facts. Instead it was for them to share the emotional trauma they claim to have experienced. In an effort to blind the Jury to the facts.

This strategy backfired spectacularly on the Prosecution. When it called the Paramedics who first attended to Floyd.

They revealed that despite being protected by the police. They were so fearful of the large crowd, part of which the Prosecution had just paraded before the Court. 

That they were prevented from immediately providing Floyd with medical aid. Instead having to travel two city blocks to a place of safety. To begin treatement.

That destroyed the Prosecution claim that it would be reasonable for the police to immediately provide Floyd with medical aid. While, at the same time, protecting themselves and the public from both Floyd and the large crowd.

The second prong of the Prosecution's strategy was to put forward an alternative theory of how Floyd died.

That was highly unusual.

To secure a conviction any Prosecution needs to prove its case beyond all reasonable doubt.

This means all a Defence needs to do is create a reasonable doubt. Often by putting forward an alternative theory.

The alternative theory the Prosecution chose here, put forward by expert witness Dr Martin Tobin. Was that Floyd had died of Positional Asphyxia.

Put simply he suffocated. However not because a knee on his neck stopped oxygen getting into his lungs. But because his own body weight stopped his lungs from inflating.

Here the Prosecution's failure to properly vet their expert witness was particularly telling.

Dr Tobin is a soft-spoken, bearded Irishman. Almost identical to famous Northern Irish politician Gerry Adams. A man who knows a thing or two about Soviet/Libyan plots to destroy nations from within.

For their own reasons. Britain decided to accompany the Floyd trial by setting fire to large parts of Northern Ireland. The same way that America's failure to control its quasi-Islamist Black Supremacists has been setting fire to large parts of the World.

Following Tobin's testimony the Prosecution then called their medical examiner. To put forward their original theory. That Floyd had died, not of Positional Asphyxia, but of Cardio-Pulmonary arrest. Caused by a Fentanyl overdose.

This showed that after a year of careful consideration. In consultation with a variety of experts in air-conditioned offices. The Prosecution itself did not know how Floyd had died. Or what, if anything, could have prevented his death.

That destroyed their claim. That it would have been reasonable for the police officers, without stubstansive medical training, to know what was wrong with Floyd and how to treat it. In less than 10 minutes. While grappling with a violent suspect and being confronted by a hostile crowd.

With it now being impossible for the Prosecution to prove its case on even "A Balance of Probability." Let alone "All Reasonable Doubt."

The Judge should have dismissed the case then and there. Without the Defence having to put forward a rebuttal. Let alone the matter being presented to a Jury.

However the Defence was called upon. Leaving us with another legal mystery.

With the Prosecution having already disproved its own case. What could the Defence do to further disprove the allegation?

The way they dealt with Tobin was rather impressive.

They put forward their own expert witness, Dr David Fowler. To rebut Dr Tobin's testimony.

Dr Fowler was already a hate figure with the quasi-Islamist Black Supremacist movement. Currently being sued over his evidence in the Anton Black case. He further provoked matters by hinting that Floyd may have died of carbon monoxide poisoning.

The Prosecution took the bait.

They recalled Tobin to the stand. As they entered new evidence overnight.

The fact the Prosecution had failed to disclose this evidence to the Defence. Is just another example of the Prosecutourial misconduct which, normally, would have seen a mis-trial declared.

However Tobin was allowed to take to the stand. Triumphantly declaring that even after death Floyd's blood was made up of 98% oxygen.

Thinking that he was heroically dispelling the suggestion that Floyd had died of carbon monoxide poisoning.

What he was actually doing was dispelling that claim that Floyd had died of Asphyxia. Positional, monoxide related or otherwise.

The problem was not that there was a shortage of oxygen getting into Floyd's lungs and then into his bloodstream. The problem was that oxygenated blood was then not getting to Floyd's brain.

George Floyd had died of Cardio-Pulmonary Arrest. As the result of a Fentanyl overdose.

Dr Tobin also heroically proved that he had committed perjury. 

By claiming that Floyd had died of low oxygen levels. While he already knew that Floyd's oxygen levels were perfectly normal. High even.

The trial ended as bizarrely as it had been conceived and conducted.

After just nine hours of deliberation the Jury found the defendant guilty on all three charges presented.

This wasn't a case similar to where someone has broken into a house. Raped and murdered someone. So you can convict them of the three charges, of breaking and entering, rape and murder.

The charges presented here were options in decreasing orders of severity. The idea is to increase the chances of conviction. If they can't convict of the most serious charge the Jury can then consider the lesser charges.

The main difference in the charges is the issue of intent. Did the defendant intend to kill the person or not?

Obviously you can't conclude that a person had the intent to kill somone. While also concluding that they didn't have the intent to kill someone.

Also there is it the principle of Double Jeopardy. A person cannot be punished twice for the same act. They certainly can't be punished three times.

Meaning that if the Jury found the defendent guilty of one of the charges. They are automatically finding them not guilty of the other two charges.

So, no.

Derek Chauvin has not been convicted over the killing of George Floyd.

Based on the balance of evidence. Or any other recognised legal standard. 

 

12:00 on 23/4/21 (UK date).

 

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