People need to stop with the hot takes on why someone wouldn't testify on their own behalf at trial.

It has nothing to do with guilt and everything to do with the prosecutor having the burden of proof.

Most criminal defense attorneys rarely put a client on the stand.
People have this idea that the person on trial should tell "their side of the story" but that's not how it works. It's not a "both sides" thing.

The prosecutor always has the burden. The defense doesn't even have to put on a case or cross examine prosecution witnesses.
And there are so many things that can go wrong when someone takes the stand that have nothing to do with a person's credibility.

Some people are just not good witnesses - maybe they are not confident, or not likeable, or speak in a way that is confusing.
None of these things mean they are not telling the truth, but a jury can read them that way.
I get why people are reading Derek Chauvin's decision not to testify the way they are, but they shouldn't.

There are plenty of pieces of evidence that prove Chauvin is guilty.

His decision not to testify isn't one of them.

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More from @DrRJKavanagh

15 Apr
David Fowler, who today testified for Chauvin's defense, is being sued by Antwon Black's family for covering up police responsibility for his death.

Like George Floyd, Fowler found then 19-year-old Antwon died of cardiac arrhythmia caused by heart disease.theintercept.com/2021/04/04/der…
"The determination in Black’s case was part of a broader pattern of the medical examiner’s office relying on police narratives in cases involving deaths in custody, the complaint on behalf of the Black family argues."
Antwon Black died in eerily similar circumstances to George Floyd. "Both were unarmed. Both were pinned to the ground by multiple officers and said they were afraid of dying at the hands of police. Both cried out for their mothers. And both were ignored until it was too late."
Read 4 tweets
14 Apr
It's interesting how prosecutors always overcharge cases, except when it comes to White cops who kill Black people.

They charged Mohamed Noor with 2nd Degree Murder (he was convicted of 3rd).

Potter's conduct easily makes out Murder in the 3rd Degree.
thedailybeast.com/kim-potter-vet…
Murder in the 3rd degree requires that a person acted recklessly. Manslaughter in the 2nd requires that a person acted negligently.

I don't know about you, but I think a 26-year veteran of the police force shooting someone in broad daylight is pretty reckless.
In charging Potter with Manslaughter in the 2nd, prosecutors are essentially buying her argument that she mistook her taser for a gun.

Prosecutors do not normally believe what a defendant says.
Read 10 tweets
10 Apr
Matt Loughery, the photographer who manipulated images of Khmer Rouge victims to make it appear they were smiling, did the same thing to old mug shots, was interviewed by the same journalist, and @VICE published that article two weeks ago. vice.com/en/article/pkd…
Here are those original photos. sydneylivingmuseums.com.au/justice-police…
Read 7 tweets
10 Apr
This is an absolutely appalling denigration of the victims of the Khmer Rouge genocide.
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:
Read 8 tweets
10 Apr
Every now and then a White person has to go to jail or prison to preserve the illusion that we are all equal under the law.

The same way that Derek Chauvin being convicted doesn't for one second mean the American criminal legal system provides justice for Black people.
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.
Read 5 tweets
9 Apr
I rarely talk about personal stuff on here, but the coverage of DMX's death is making me angry and upset.

My father died at age 66 from complications related to his alcohol addiction.

My baby sister, who also struggled with alcohol addiction, died by suicide at 31.
Neither ever went to jail or prison because alcohol is legal and they were White.
And I am fine. My dad passed away 14 years ago. My sister 5 years ago. This isn't about me. I am just angry and upset about the coverage.
Read 4 tweets

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