Floyd “I Ate Too Many Drugs” Potential Game Changer

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psk836
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Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by psk836 » Thu Apr 08, 2021 2:58 pm

https://legalinsurrection.com/2021/04/c ... e-changer/

“Here’s a leading indicator that state-paid use-of-force expert witness Stiger was ultimately more favorable to the defense than he was to the prosecutors who’d paid him $13,000 to provide his expertise to help convict Chauvin: Whereas the State spent about 75 minutes questioning their own expert, Defense Counsel Nelson spent more than 90 minutes doing so.

That’s right, so fond was the defense of the State’s expert, so strongly did the defense believe that the testimony of the State’s expert favored Chauvin, that they spent 20% more time engaged with that expert in front of the jury than did the prosecutors.“
Last edited by psk836 on Thu Apr 08, 2021 3:11 pm, edited 1 time in total.
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by KC_ » Thu Apr 08, 2021 3:02 pm

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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by barrysoetoro » Thu Apr 08, 2021 3:02 pm

Crossed fingers for Derick Chauvin.
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by psk836 » Thu Apr 08, 2021 3:03 pm

“Another trick suddenly employed by the prosecution today is to move the goal posts on what they claim was Chauvin’s precise physical misconduct. Throughout the entire week and a half of the state presenting their case in chief they have been claiming that Chauvin placed his knee on Floyd’s neck.

Initially, according to the state witness MMA “expert” Williams, the placement of the knee on the neck constituted a “blood choke,” a use of deadly force upon Floyd. Later, the defense argued that this was constricting Floyd’s ability to breath, initially by compression of the neck, later by compression of Floyd’s whole body, and then all that augmented by purported “positional asphyxia.”

All those arguments were, of course, presented as if Floyd did not have a three-fold fatal level of fentanyl in his system, which effectively also kills via asphyxiation.

This line of argument took a body blow from the defense, however, when Nelson began displaying images of the knee placement from different angles showing that Chauvin’s knee appeared to be on Floyd’s shoulders and back, rather than on Floyd’s neck. Indeed, Lt. Mercil, the state’s expert on MPD use-of-force training and policy explicitly agreed on cross-examination that this appeared to be the case.

So what’s the state to do when a key facet of their narrative of criminal conduct is contradicted by their own expert? Move the goals posts, of course.

Today, however, Prosecutor Schleiter and his state-paid use of force expert Stiger began to avoid the claim that Chauvin’s knee was on Floyd’s neck, and instead started referring to Chauvin’s knee being on Floyd’s “neck area.”

What’s the “neck area”? Well, the shoulders and upper back!

Again and again we heard Schleiter and Stiger refer to “neck area,” “neck area,” “neck area,” as if repeating it often enough would fog our minds, and the minds of the jury, and we’d simply be unable to realize that the goal posts had been moved.“
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by KC_ » Thu Apr 08, 2021 3:05 pm

psk836 wrote:
Thu Apr 08, 2021 3:03 pm
“Another trick suddenly employed by the prosecution today is to move the goal posts on what they claim was Chauvin’s precise physical misconduct. Throughout the entire week and a half of the state presenting their case in chief they have been claiming that Chauvin placed his knee on Floyd’s neck.

Initially, according to the state witness MMA “expert” Williams, the placement of the knee on the neck constituted a “blood choke,” a use of deadly force upon Floyd. Later, the defense argued that this was constricting Floyd’s ability to breath, initially by compression of the neck, later by compression of Floyd’s whole body, and then all that augmented by purported “positional asphyxia.”

All those arguments were, of course, presented as if Floyd did not have a three-fold fatal level of fentanyl in his system, which effectively also kills via asphyxiation.

This line of argument took a body blow from the defense, however, when Nelson began displaying images of the knee placement from different angles showing that Chauvin’s knee appeared to be on Floyd’s shoulders and back, rather than on Floyd’s neck. Indeed, Lt. Mercil, the state’s expert on MPD use-of-force training and policy explicitly agreed on cross-examination that this appeared to be the case.

So what’s the state to do when a key facet of their narrative of criminal conduct is contradicted by their own expert? Move the goals posts, of course.

Today, however, Prosecutor Schleiter and his state-paid use of force expert Stiger began to avoid the claim that Chauvin’s knee was on Floyd’s neck, and instead started referring to Chauvin’s knee being on Floyd’s “neck area.”

What’s the “neck area”? Well, the shoulders and upper back!

Again and again we heard Schleiter and Stiger refer to “neck area,” “neck area,” “neck area,” as if repeating it often enough would fog our minds, and the minds of the jury, and we’d simply be unable to realize that the goal posts had been moved.“
Neck, neck area , it’s close enough now just convict him for murderer or else.
Last edited by KC_ on Thu Apr 08, 2021 3:09 pm, edited 1 time in total.
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by psk836 » Thu Apr 08, 2021 3:06 pm

Be sure to read this next part.

“The first shocker in all this was that despite the huge significance of this case, and the national profile it has seized, the state apparently managed to choose as a use-of-force expert witness someone who had never testified in any state or Federal court as a use-of-force expert witness.

I know you’re thinking I mistyped that, so I’ll repeat it:

Sergeant Jody Stiger, the state’s highly paid use-of-force expert witness retained to share his expertise with the jury in Minnesota v. Chauvin, one of the highest-profile police use-of-force prosecutions in American history, has never before testified as a use-of-force expert witness in any state or Federal court.

This. Was. His. First.

To say I just about fell out of my chair when I heard that would be an understatement.

It almost boggles the mind. Can the state really have thought it a good idea, in a case of this magnitude with such stakes—literally, both Chauvin facing possible life in prison and urban centers all over the nation facing an explicit threat of widespread rioting, looting, and arson—to retain as their use-of-force expert witness someone who had never before testified as such in court.

Does that make any sense?“
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by psk836 » Thu Apr 08, 2021 3:09 pm

This borderlines prosecutorial malpractice.

“And that lack of experience showed starkly in Sergeant Stiger’s first effort testifying in this case. That’s not a knock on Sergeant Stiger, who came across as quite likeable, it’s simply a reflection of the reality that experience matters, and in the context of providing use-of-force expert testimony in court, Stiger came into this trial with literally zero experience.

Zero. Experience. And it showed.

Nelson also touched on the fact that Stiger’s entire personal use-of-force experience was with the Los Angeles Police Department and the state of California, and not the use-of-force laws and policies of Minnesota. When pressed on this, Stiger answered that police use-of-force policies were pretty much standardized across the entire country—but this reply would be contradicted in later cross-examination by none other that Sergeant Stiger himself, hwhoow offered or conceded to a variety of ways in which police use of force varied between jurisdictions.

Even more shocking to me, as someone who does expert consultancy and reports and such myself in my own work, Stiger’s preparation for his opinion, and his recollection of his own work product, was astonishingly sub-par.

In the context of the MPD training and policy materials he considered in coming to his opinion, for example, Nelson managed to disclose that the many videos embedded in MPD training slide decks were never considered by Stiger. Why not? Because Stiger had received PDFs of those slides, not the actual Powerpoint decks themselves, and so the videos could not be played.

I don’t even know what to say about that.“
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by barrysoetoro » Thu Apr 08, 2021 3:12 pm

I'm going to laugh so hard if Chauvin gets acquitted, and all the blacks start their rioting. Hopefully they'll start assaulting other BLM white members
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by psk836 » Thu Apr 08, 2021 3:12 pm

“Under your analysis of the MPD use-of-force continuum and policies, is it true that Chauvin would have been privileged to simply draw his Taser and use it on Floyd, to stop Floyd’s active resistance.

Yes, answered Stiger.

Nelson: But he didn’t do that.

Stiger: No, he did not.

Lesson for the jury: Chauvin not only didn’t use excessive force throughout his encounter with Floyd, he didn’t even use as much force as MPD policy allowed for. Instead, he used less force.”
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Re: Floyd “I Ate Too Many Drugs” Potential Game Changer

Post by KC_ » Thu Apr 08, 2021 3:12 pm

psk836 wrote:
Thu Apr 08, 2021 3:06 pm
Be sure to read this next part.

“The first shocker in all this was that despite the huge significance of this case, and the national profile it has seized, the state apparently managed to choose as a use-of-force expert witness someone who had never testified in any state or Federal court as a use-of-force expert witness.

I know you’re thinking I mistyped that, so I’ll repeat it:

Sergeant Jody Stiger, the state’s highly paid use-of-force expert witness retained to share his expertise with the jury in Minnesota v. Chauvin, one of the highest-profile police use-of-force prosecutions in American history, has never before testified as a use-of-force expert witness in any state or Federal court.

This. Was. His. First.

To say I just about fell out of my chair when I heard that would be an understatement.

It almost boggles the mind. Can the state really have thought it a good idea, in a case of this magnitude with such stakes—literally, both Chauvin facing possible life in prison and urban centers all over the nation facing an explicit threat of widespread rioting, looting, and arson—to retain as their use-of-force expert witness someone who had never before testified as such in court.

Does that make any sense?“
They thought it was a slam dunk and they liked the optics.
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