Protesters targeted one of the witnesses for the defense. It turns out the the home defaced was the former home of Barry Brodd, a retired police…
...The targeting of the homes of prosecutors and witnesses create serious concerns of intimidation and harassment. It also magnifies concerns over the comments of political figures like Rep. Waters.…
...Nelson did an excellent job overall but prosecutors want a curative instruction from the court based on Nelson's explanation of the standard. However, the court denied the request.
Prosecutors are also objecting that Nelson spoke as to Chauvin's intent while Chauvin did not testify. Nelson said that Chauvin thought he was following his training. However, the court said it was a reasonable inference.
The court is right on both counts. Counsel is entirely to a bit of leeway in closing. Such curative statements can have the opposite or over-compensative impacts on the jury.
The prosecutors took some serious hits in the defense closing and they have to try to regain ground, particularly in the attacks on witnesses like Dr. Tobin. Those were successful shots below the waterline for the prosecution's case.
...Jerry Blackwell did a great job in addressing the other factors that could have had causal impacts in relation to the legal standard.
...The Court sustained objections to Blackwell's closing on the term "story"and said he was not going to rule on the necessity of a mistrial at this time -- though that seems unlikely.

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More from @JonathanTurley

20 Apr
The government has confirmed that Officer Sicknick died of a blood clot and two strokes.… Sicknick's death was repeatedly referenced in the impeachment as killed by protesters in the Jan. 6th riot.
The New York Times ran a piece titled "He Dreamed of Being a Police Officer, Then Was Killed by a Pro-Trump Mob."… Celebrities like Bette Midler declared "[Trump] got away with murder. Let that sink in."…
The cause of death would make a homicide charge highly unlikely. It is not clear why it took so long to make the results of the autopsy public. Two men are charged with assault of Sicknick during the riot.
Read 4 tweets
19 Apr
What would be tragically ironic is if Waters' reckless comments result in a later overturning of the trial . . . which could lead to renewed rioting...…
...The record now contains a statement from the court that Waters may have undermined the case and that this is a valid basis for appeal. He also noted that Waters was not just risking the integrity of the case but showing open contempt for the judicial branch.
...Despite the court's objections and many of us who have written about Waters' remarks, the silence of most Democrats (including those joining her lawsuit against Trump) have been deafening.
Read 5 tweets
19 Apr
Defense counsel Nelson just raised Waters' statement as prejudicial. He also noted that the defense wanted to sequester and to change venue.…
...I believe the court erred in not sequestering the jury and earlier should have changed the venue of the trial. I think Cahill has been a very good judge but those were in my view serious mistakes.
...It is ironic that Waters has declared that she and the protesters will not accept an acquittal but has now undermined the case as a whole with her prejudicial impact.
Read 6 tweets
19 Apr
The defense is effectively using a defense tactic to elongate the framework of time and focusing on examples of continue resistance. Both the prosecution and defense have done good jobs in closing.
...This type of granular analysis can be effective, particularly in creating the foundation (at a minimum) for a hung jury. These are the type of defense arguments that have not been fully explained in much of the coverage.…
...The prosecution did an excellent job on the critical 9 minutes as the framework. As a criminal defense lawyer, I often tell my students that verdicts are often determined not just by the narrative but the framing of the relevant time period.
Read 5 tweets
14 Apr
The House and Senate Democrats are moving forward with a bill to add 4 new justices to the Supreme Court. There is nothing subtle or elegant in the move. Just a raw muscle play to take control of the Court...…
If the report is true, they have decided not to wait for the Commission. A move to just add 4 new justices would dispense with even the pretense of principle. The bill will now strip away any semblance of constitutional values for members who do not denounce raw court packing.
...The late Justice Ginsburg and most recently Justice Breyer condemned the court packing scheme and the public overwhelmingly opposes it. Yet, these members would reduce the court into little more than a partisan commission tasked with a political agenda.
Read 4 tweets
13 Apr
According to Mayor Mike Elliot, the police chief who was scolded by the media for using the term "riot" has now resigned. The Acting Chief then called the situation in the department "chaotic" with only an hour's notice of the change in leadership.…
...The resignation of the officer in the shooting is a predictable move from a criminal defense standpoint. It was likely inevitable that she would be fired but this removes her being subject to the internal review process...
... Mayor Elliott says that he has asked that a Blue Lives flag outside of the police department has been removed as "inflammatory."… It has now been removed.
Read 5 tweets

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