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I clearly need to explain more on why charging the Floyd murder as 3d degree murder instead of 2nd degree was correct - but also how additional evidence could make it 2nd degree.

For 2nd degree, you have to *prove* that Chauvin *intended* to kill Floyd. Presumption isn't.../1
...proof rising above "guilt beyond a reasonable doubt." The only evidence (that we knew now) would be presumption of intent - which is not admissable - vs Chauvin testifying "I didnt intend." Proving dangerous act evincing a depraved mind (3d degree) fits - for now.

BUT.../2
...what if Chauvin's soon-to-be ex wife testifies before the grand jury "He told me he was angry at African Americans and hoped to kill one one day." Or if he said to another cop, "Watch this! I'm going to kill this guy."....
...or if he said "I know I assaulted him, but i didn't mean to kill him." All of those are 2d degree. If that type of evidence appears, he will be recharged.

Until then, overcharging increases the chance he will go home (just like Zimmerman), rather than to prison for 25 years.
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Kurt Eichenwald
@kurteichenwald
Some of the things we are learning about this nation's police forces:

1. They are out of control from what appears to be a horrible lack of training.
2. Either too many of them are roided up, or too many of them don't deserve to be cops.
3. Their excessive intense focus.../1
...being respected/exerting authority is dangerous. (This is America. If you can't handle people exercising their rights to be verbally abusive or obnoxious - whether as a cop or a journalist or many other jobs that involve contact with the public - get another job.).../2
...
4. They have to be demilitarized. Some obviously get off on pretending to be soldiers taking on the enemy. The easy availability of military equipment for policing results in it being used too often.
5. Any who exhibit racist behavior anywhere have to be fired, including.../3
Read 14 tweets
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Kurt Eichenwald
@kurteichenwald
This man, @ChiefAndyMills of the @SantaCruzPolice, is the kind of person every police officer should aspire to be. And if any other cops cops don't understand why, they have no business being police officers.

Thank you, Chief Mills, for your professionalism and wisdom.
...more from @ChiefAndyMills of the @SantaCruzPolice who presents hope and represents the best of our nation's police.
...more words from @ChiefAndyMills of the @SantaCruzPolice
Read 5 tweets
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Kurt Eichenwald
@kurteichenwald
To @VanJones68: This is a time you're wrong. Too often in these killings by cops, the cases are overcharged, which makes it very hard to prove the underlying elements of the charge. Minnesota splits 2nd degree murder and 1st degree manslaughter with 3d degree murder because.../1
...it eliminates an element of the crime from 2nd degree, which - in this case - would be very hard to prove.

For 2nd degree, prosecutors would have to prove that the cop fully intended the outcome of his act to be the death of George Floyd. In other words, he began his..../2
...his depraved act with the intent of Floyd being dead at the end. Proving that places all of the power into the lap of the defense - raise reasonable doubt about his intent, and he is not guilty. Or, they would have to prove that the cop was committing a felony by putting.../3
Read 11 tweets

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