There's been a lot of discussion about why evidence of Derek Chauvin's past brutality, including the fact that he previously shot and killed a man, has not been admitted into evidence.
The more relevant question is, why wasn't he prosecuted for it?
Lest we forget, it was Amy Klobuchar who was head prosecutor of Hennepin County at the time and made the decision not to prosecute Chauvin.
Had she done that, George Floyd would be alive today.
Believe me, I understand the frustration that the jury will not hear about Chauvin's lengthy history of misconduct. But as a criminal defense attorney, I absolutely understand why.
Chauvin is on trial for George Floyd's murder - not anyone else's.
Remember police officers are rarely prosecuted. The criminal legal system functions to oppress Black and Brown people. If you argue that what are termed "prior bad acts" should be admissible here, then you are ultimately harming the people who the system targets.
PS. I should say Mr. Floyd *could* have been alive today not would have been. A whole chain of events would have had to occur, including Chauvin at least been convicted and fired, so there is no guarantee prosecution would have been enough, but it would have been something.
Why does it feel like sometimes you are begging for crumbs?
*being not been
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It appears the journalist who wrote the @VICE story didn't even look at the original S21 photos to understand the photographer, Matt Loughrey, had not just colourised them but also changed them to make the victims appear to be smiling. vice.com/en/article/y3d…
Even more mind-blowing, when he is asked a question about the fact that some victims are smiling (again the interviewer has apparently not compared the original photographs) Loughrey says this:
My mentor and professor, Derrick Bell, (the founder of critical race theory jurisprudence) talked about this: in order to preserve White supremacy every now and then you have to allow people small victories so they don't challenge the underlying power structure.
He talked a lot about Brown v. Board of Education and the fact that 50 and then 60 years after the decision declaring legal segregation of public schools unconstitutional, they were more segregated than ever.
This is the @CNN article that @TomCottonAR tweeted with his statement that the US has an under-incarceration problem.
Problem is the entire article is based on statistics from a study by the MCCA, an organization made up of the heads of police departments.cnn.com/2021/04/03/us/…
MCCA is cited as the source of the report at the end of the article's second paragraph, but it's not made clear that it is a police organization.
And the rest of the article reports all the statistics as if they are objective fact.
Minnesota, like most states, has a drug-induced homicide statute. Originally intended as a tool to prosecute drug dealers, they are now used almost exclusively to prosecute family members, friends and acquaintances of people who die of drug overdoses.
However, the prosecution of Caleb Smith, a young White man, drew some attention. Mr. Smith facing 20 years in prison after giving his girlfriend fentanyl contained in an adderil pill, killed himself.
One of the most important things you want to do is have friends and family attend court for your client.
Here, because access to the courtroom is restricted, Chauvin's lawyer had to know no one was going to be showing up, so it seems a significant oversight.
It may be less important for a White former cop in front of a majority-White jury, but when you are representing a Black or Brown person in front of a majority-White jury, you are already starting from a position where you have to overcome all the usual racist tropes.