Abimbola Johnson Profile picture
Woke | Barrister | Legal trustee @advocacyacademy | Chair @policeISOB | Views = mine | RT or 'likes' are not an endorsement

Jun 4, 2020, 11 tweets

When the charge of third degree murder and the alternative charge of manslaughter were laid against #Chauvin, the @ACLU criticised the 3rd degree murder charge as being “legally defective.” #GeorgeFloyd

@ACLU highlighted: "Third Degree Murder applies only when the acts of the defendant were committed without regard to their effect on any particular person, and not when the actions were directed to a specific person." #GeorgeFloyd

@ACLU said since 1896 to present, Minnesota courts have repeatedly ruled that to support a charge of 3rd deg murder, the offender’s actions need to be ‘eminently dangerous to more than one person.’ #GeorgeFloyd

I personally find this interesting and I know some of you will because you asked whether the prosecution charged a third degree murder as it would be easier to prove. If the ACLU is correct, it would seem the opposite is true. #GeorgeFloyd

The case prosecutor has since changed and the matter is now in the hands of the Minnesota attorney general, Keith Ellison (ie a state rather than county level prosecutor) #GeorgeFloyd

Keith Ellison has added a charge of second degree murder (again, this doesn’t exist in the UK where we simply have either murder or manslaughter charges) #GeorgeFloyd

2nd deg murder carries a max of 40y. Higher than the 25y max for 3rd deg murder and you’ll note from the wording of the charge, it’s ‘unintentional.’ Prosecution need to prove #Chauvin committed a felony, here an assault in the 3rd degree, which killed #GeorgeFloyd

What's a 3rd degree assault? See screenshot of the statute. #GeorgeFloyd

What's substantial bodily harm? See screenshot. How will they prove it? Check the next tweet #GeorgeFloyd

There are two autopsy reports in this case. One from the prosecution team, one from independent MEs instructed by #GeorgeFloyd's family.

The 2 autopsy reports rules homicide But note the difference. The autopsy from the #Floyd family specifies asphyxia while the other says no evidence of manual asphyxia but that the restraint triggered a heart attack. Pros report does make reference to neck compression.

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