COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
Sure let’s look into the history of the US and see what led to many of the problems of marginalized communities, I bet it’s a history of racism bad policies and laws, red lining, underinvestment etc. Lets not forget what leads to many people having a tough life, lack of opportunity and a failure of society.
It sure is. I recently was reading this book: Despicable what was done.
Does this book include the "Projects" that were housing in the bigger cities? The creation of Long Island?
It focuses on how policies and laws didn't allow African Americans to live in certain areas and forced the segregation, even when it didn't initially exist. I don't recall it referencing projects, more about how housing, loans and government assistance excluded African Americans. It did not go over the creation of Long Island from what I remember.
OK, TY. I have been wanting to find a book on that.
This sounds like never getting a seat to the table.
COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
I agree, we really need to look into the police officer's family history.
Instead of just coming back with a shitty remark why not take the time to explain how a child’s life is not affected by their upbringing? I’ve posted it before, after speaking with many black individuals, they’re aware that it’s not just society that’s to blame. That’s why BLM emphasizes community and family involvement to assist with the solutions.
"before society fails family, and it’s that family failed family" what a shitty remark might look like
see also: victim blaming
You’re right...my apologies. And to your point, an officer can be and most likely is affected by their upbringing as well. My point is BLM don’t just blame police, they look at the big picture, which includes all the concerns we discuss.
COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
Sure let’s look into the history of the US and see what led to many of the problems of marginalized communities, I bet it’s a history of racism bad policies and laws, red lining, underinvestment etc. Lets not forget what leads to many people having a tough life, lack of opportunity and a failure of society.
It sure is. I recently was reading this book: Despicable what was done.
Yes and is still being done today via other means. Until we solve this we are going to continue with all the bullshit that it causes. I’ll have to look into that book.
Ruling paves way for longer sentence in George Floyd's death
By AMY FORLITI
50 mins ago
MINNEAPOLIS (AP) — A Minnesota judge has ruled that there were aggravating factors in the death of George Floyd, paving the way for a longer sentence for Derek Chauvin, according to an order made public Wednesday.
In his ruling, Judge Peter Cahill found that Chauvin abused his authority as a police officer when he restrained Floyd last year, and that he treated Floyd with particular cruelty.
Still even with the aggravating factors, legal experts have said, Chauvin is unlikely to get more than 30 years when he is sentenced June 25.
Chauvin, who is white, was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless.
Even though he was found guilty of three counts, under Minnesota statutes he’ll only be sentenced on the most serious one — second-degree murder. Under Minnesota sentencing guidelines, he would have faced a presumptive sentence of 12 1/2 years on that count, and Cahill could have sentenced him to as little as 10 years and eight months or as much as 15 years and still stayed within the guideline range.
But prosecutors asked for what is known as an upward departure — arguing that Floyd was particularly vulnerable with his hands cuffed behind his back as he was face-down on the ground. They noted that Chauvin held his position even after Floyd became unresponsive and officers knew he had no pulse.
Prosecutors also said Chauvin treated Floyd with particular cruelty during the lengthy restraint, saying Chauvin inflicted gratuitous pain and caused psychological distress to Floyd and to bystanders. They also said Chauvin abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that he pinned Floyd down in the presence of children — including a 9-year-old girl who testified at trial that watching the restraint made her “sad and kind of mad.”
Cahill agreed with all but one of the prosecutors' arguments. He said prosecutors did not prove that Floyd was particularly vulnerable.
Defense attorney Eric Nelson disagreed with the state, saying that prosecutors did not prove that there were aggravating factors. He said Chauvin had legal authority to assist in Floyd's arrest and was authorized under law to use reasonable force. He also said Floyd was not particularly vulnerable, saying he was a large man who was struggling with officers.
Nelson also argued Floyd was not treated with particular cruelty, saying that there is no evidence that the assault perpetrated by Chauvin involved gratuitous pain that’s not usually associated with second-degree murder.
No matter what sentence Chauvin gets, in Minnesota it’s presumed that a defendant with good behavior will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole.
Chauvin has also been indicted on federal charges alleging he violated Floyd's civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest. If convicted on those charges, which were unsealed Friday, a federal sentence would be served at the same time as Chauvin's state sentence. The three other former officers involved in Floyd's death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
Sure let’s look into the history of the US and see what led to many of the problems of marginalized communities, I bet it’s a history of racism bad policies and laws, red lining, underinvestment etc. Lets not forget what leads to many people having a tough life, lack of opportunity and a failure of society.
It sure is. I recently was reading this book: Despicable what was done.
Yes and is still being done today via other means. Until we solve this we are going to continue with all the bullshit that it causes. I’ll have to look into that book.
Yup.
My town's school district is supposedly better than the school district next town over. A year or so ago, a black student who is a child of divorce filled out her father's address on a form. Her father lives in the next town over, and her mother moved here for the "better" school district. Still, the student was booted out of the district's schools and now attends school where she feels welcome and accepted in the district where her father lives.
Our superintendent is a white supremacist who blames hip hop (i.e., Black folks) for white kids saying the N-word and scrawling the N-word on public/school property; of course, it has absolutely nothing to do with their old Massachusetts sundown town upbringing.
COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
Sure let’s look into the history of the US and see what led to many of the problems of marginalized communities, I bet it’s a history of racism bad policies and laws, red lining, underinvestment etc. Lets not forget what leads to many people having a tough life, lack of opportunity and a failure of society.
It sure is. I recently was reading this book: Despicable what was done.
Yes and is still being done today via other means. Until we solve this we are going to continue with all the bullshit that it causes. I’ll have to look into that book.
Yup.
My town's school district is supposedly better than the school district next town over. A year or so ago, a black student who is a child of divorce filled out her father's address on a form. Her father lives in the next town over, and her mother moved here for the "better" school district. Still, the student was booted out of the district's schools and now attends school where she feels welcome and accepted in the district where her father lives.
Our superintendent is a white supremacist who blames hip hop (i.e., Black folks) for white kids saying the N-word and scrawling the N-word on public/school property; of course, it has absolutely nothing to do with their old Massachusetts sundown town upbringing.
That would happen all the time at my school. Kid uses their other relatives address to go to another school.
COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
Sure let’s look into the history of the US and see what led to many of the problems of marginalized communities, I bet it’s a history of racism bad policies and laws, red lining, underinvestment etc. Lets not forget what leads to many people having a tough life, lack of opportunity and a failure of society.
It sure is. I recently was reading this book: Despicable what was done.
Yes and is still being done today via other means. Until we solve this we are going to continue with all the bullshit that it causes. I’ll have to look into that book.
Yup.
My town's school district is supposedly better than the school district next town over. A year or so ago, a black student who is a child of divorce filled out her father's address on a form. Her father lives in the next town over, and her mother moved here for the "better" school district. Still, the student was booted out of the district's schools and now attends school where she feels welcome and accepted in the district where her father lives.
Our superintendent is a white supremacist who blames hip hop (i.e., Black folks) for white kids saying the N-word and scrawling the N-word on public/school property; of course, it has absolutely nothing to do with their old Massachusetts sundown town upbringing.
That would happen all the time at my school. Kid uses their other relatives address to go to another school.
This girl lives with both relatives. She just so happened to be staying with her dad (his custody turn) when she got the form, so she filled it out accordingly.
Her mom wanted to argue to keep her in the district because of its "betterness" (read: more whiteness), but the girl (a preteen) felt unwelcome after the incident and enrolled in a school the next town over where she felt more accepted as a fellow human being.
COLUMBUS, Ohio — The voice on the 911 call is a teenage girl’s, and it is quavering, as if she has been crying. “I want to leave this foster home,” she tells t...
I hope everyone that jumped all over themselves to justify the cop killing a kid reads this. Turns out girl in pink and several other adults were all going after two kids that already had a tough life. Society fails family, society places girl in system, system fails girl, system kills girl, system blames girl...what a shithole country.
Before I say this let me remind you that I’m on your side, however, when placing blame you seem to miss the first step before society fails family, and it’s that family failed family. No one should be left blameless in these situations.
Sure let’s look into the history of the US and see what led to many of the problems of marginalized communities, I bet it’s a history of racism bad policies and laws, red lining, underinvestment etc. Lets not forget what leads to many people having a tough life, lack of opportunity and a failure of society.
It sure is. I recently was reading this book: Despicable what was done.
Yes and is still being done today via other means. Until we solve this we are going to continue with all the bullshit that it causes. I’ll have to look into that book.
Yup.
My town's school district is supposedly better than the school district next town over. A year or so ago, a black student who is a child of divorce filled out her father's address on a form. Her father lives in the next town over, and her mother moved here for the "better" school district. Still, the student was booted out of the district's schools and now attends school where she feels welcome and accepted in the district where her father lives.
Our superintendent is a white supremacist who blames hip hop (i.e., Black folks) for white kids saying the N-word and scrawling the N-word on public/school property; of course, it has absolutely nothing to do with their old Massachusetts sundown town upbringing.
That would happen all the time at my school. Kid uses their other relatives address to go to another school.
This girl lives with both relatives. She just so happened to be staying with her dad (his custody turn) when she got the form, so she filled it out accordingly.
Her mom wanted to argue to keep her in the district because of its "betterness" (read: more whiteness), but the girl (a preteen) felt unwelcome after the incident and enrolled in a school the next town over where she felt more accepted as a fellow human being.
That happened here too. Most of my school never saw a minority so they weren't used to that. Having gone to school in Queens I didn't understand the fuss.
Three cops trial moved out a year to March 2022. George Floyd case.
Wow. A year.
That’s just for the charges brought by the state. The federal case against all three (and the one already convicted) will now take precedence. Those charges carry more severe penalties.
Three cops trial moved out a year to March 2022. George Floyd case.
Wow. A year.
That’s just for the charges brought by the state. The federal case against all three (and the one already convicted) will now take precedence. Those charges carry more severe penalties.
Hence why they moved it. That makes much more sense.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
No mention of the ridiculous number of guns sold either. Gee, “responsible” gun owners couldn’t possibly have anything to do with rising homicide rates, now could they?
That’s lovely, but there is also this.....Notice the common theme who controls the politics of these now shithole cities.....
Shit hole cities?
Portland: Home of Oregon Health and Sciences Hospital made my life possible again. NOT A SHIT HOLE.
Oakland: Home of the A's, beautiful Lake Merritt and Jack London Square. NOT A SHIT HOLE.
Los Angels: Home of Tommy Stinson. NOT A SHIT HOLE. Home of the Dodgers... well, OK, but what can I say? I'm a Giants fan.
Chicago: I don't know. Maybe a shit hole?
Austin: Come on! Austin City Limits. NOT A SHIT HOLE
Minneapolis: Home of Paul Westerberg, the Replacements, Prince, Soul Asylum. Call that a shit hole? No way. NOT A SHIT HOLE.
New York: The greatest city in the world. Gotta be nuts to call that a shit hole. NOT A SHIT HOLE.
Philadelphia: Home of brotherly love. NOT A SHIT HOLE.
I’m with you on this one except none of these are shit holes (her/his words straight out of the trump dictionary). Where did that map come from anyway? Not in the article posted - at least that I saw (numbers where posted)...oh yes that’s where it came from, thats the same map trump used to enlarge the hurricane area. How you trump lovers live with yourselves, look in the mirror (especially if you’re a woman or have a daughter) and believe all the bull is just so bewildering. It’s like you’ve all crawled out from your creepy shit hole houses after decades and decades just waiting for your leader to emerge. I mean come on, you trump supporters don’t really believe in him and what he stands for, right? You’re all just fucking around with us.
0
brianlux
Moving through All Kinds of Terrain. Posts: 42,292
That’s lovely, but there is also this.....Notice the common theme who controls the politics of these now shithole cities.....
Shit hole cities?
Portland: Home of Oregon Health and Sciences Hospital made my life possible again. NOT A SHIT HOLE.
Oakland: Home of the A's, beautiful Lake Merritt and Jack London Square. NOT A SHIT HOLE.
Los Angels: Home of Tommy Stinson. NOT A SHIT HOLE. Home of the Dodgers... well, OK, but what can I say? I'm a Giants fan.
Chicago: I don't know. Maybe a shit hole?
Austin: Come on! Austin City Limits. NOT A SHIT HOLE
Minneapolis: Home of Paul Westerberg, the Replacements, Prince, Soul Asylum. Call that a shit hole? No way. NOT A SHIT HOLE.
New York: The greatest city in the world. Gotta be nuts to call that a shit hole. NOT A SHIT HOLE.
Philadelphia: Home of brotherly love. NOT A SHIT HOLE.
I’m with you on this one except none of these are shit holes (her/his words straight out of the trump dictionary). Where did that map come from anyway? Not in the article posted - at least that I saw (numbers where posted)...oh yes that’s where it came from, thats the same map trump used to enlarge the hurricane area. How you trump lovers live with yourselves, look in the mirror (especially if you’re a woman or have a daughter) and believe all the bull is just so bewildering. It’s like you’ve all crawled out from your creepy shit hole houses after decades and decades just waiting for your leader to emerge. I mean come on, you trump supporters don’t really believe in him and what he stands for, right? You’re all just fucking around with us.
You’re all just fucking around with us. Seriously! Gotta be. Nothing else makes sense.
"Pretty cookies, heart squares all around, yeah!" -Eddie Vedder, "Smile"
That’s lovely, but there is also this.....Notice the common theme who controls the politics of these now shithole cities.....
Shit hole cities?
Portland: Home of Oregon Health and Sciences Hospital made my life possible again. NOT A SHIT HOLE.
Oakland: Home of the A's, beautiful Lake Merritt and Jack London Square. NOT A SHIT HOLE.
Los Angels: Home of Tommy Stinson. NOT A SHIT HOLE. Home of the Dodgers... well, OK, but what can I say? I'm a Giants fan.
Chicago: I don't know. Maybe a shit hole?
Austin: Come on! Austin City Limits. NOT A SHIT HOLE
Minneapolis: Home of Paul Westerberg, the Replacements, Prince, Soul Asylum. Call that a shit hole? No way. NOT A SHIT HOLE.
New York: The greatest city in the world. Gotta be nuts to call that a shit hole. NOT A SHIT HOLE.
Philadelphia: Home of brotherly love. NOT A SHIT HOLE.
Seattle, NYC and LA are having some problems. These cities do not look like what they used to...From 1985 to now I have been in these 3 areas/lived and i will say that they are definitely changing. I was in Austin in 2009, 2014. Liked it there. Traffic sucked but for the most part I enjoyed it.
Hopefully LA gets rid of our loser of a DA. Of course crime will rise when there are little to no repercussions...and of course, some people just can’t control their fucking selves (zero to do with homelessness, mental illness, etc.).
Three
U.S. lawmakers, including two from Ohio, are requesting a
federal investigation into 16-year-old Ma’Khia Bryant's time in foster
care before she was shot and killed April 20 by a Columbus police
officer.
In
a letter addressed to Acting Assistant Secretary JooYeun Chang of the
Administration for Children and Families and Acting Director Robinsue
Frohboese in the Office for Civil Rights
— both divisions of HHS — Brown, Beatty and Wyden are also requesting
that the Office for Civil Rights launch an independent investigation
into events leading to Bryant's death.
The three lawmakers said they are making the request on behalf of Bryant's biological parents, Paula Bryant and Myron Hammonds.
“The
federal government has an obligation to protect the civil rights of all
individuals, and especially those children, young people, and parents
involved in federally-funded child welfare systems,” according to a
joint statement from the lawmakers. “When a child dies in foster care,
the system has failed. It failed Ma’Khia Bryant, who lived in her foster
family home for about two months before a police officer shot and
killed her in front of that home.
In
the meantime, the shooting is being investigated by the Ohio Bureau of
Criminal Investigation and eventually will be presented to a Franklin
County grand jury, which is routine procedure for all fatal uses of
force by law-enforcement officers in the county.
In
January 2020, the agency filed a motion seeking permanent custody of
the girls, a request that was still pending with the court at the time
of Bryant’s death, according to past Dispatch coverage.
The Dispatch has requested comment from a spokeswoman with Franklin County Children's Services.
In
the letter sent to the federal agencies, the lawmakers posit that "the
foster care system is broken" and refer to a nationwide shortage of
foster parents.
The lawmakers cite data showing that Ohio children are placed in the foster care system at a rate 10 percent higher than the national average. Research also shows that Ohio lags other states in the financial support provided
to a child in state custody who is placed with a kinship caregiver as
opposed to a child placed in a licensed foster care setting.
Ohio
pays its roughly 8,000 licensed foster parents anywhere from $300 to
$6,000 a month per child, with additional funds paid for children with
special needs. Kinship caregivers, however, are paid $310 a month per
child for a period of only six to nine months, the Dispatch has
previously reported.
Additionally, the lawmakers referred to studies showing that young Black Americans are more likely to die in police shooting than young white Americans.
"These
inequities played out in Ma’Khia’s life and are all too familiar for
children and young people in the foster care system, particularly Black
and brown children who are overrepresented in the child welfare system,"
according to the joint statement.
The
lawmakers specifically requested that the Office for Civil Rights
examine whether Ohio and the Franklin County Children's Services
complied with federal requirements for foster care placement and
removal, home standards, children's civil rights protections and safety
risk assessments.
"One child’s death is one too
many, and we cannot let these children slip through the cracks," the
letter read. "I (we) support the request of Paula Bryant and Myron
Hammonds to initiate an investigation into the circumstances leading up
to Ma’Khia’s death so that they may receive the clarity they deserve on
the death of their daughter."
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
EXPLAINER: Chauvin's lawyer asks to probe alleged jury bias
By AMY FORLITI
10 Jun 2021
MINNEAPOLIS (AP) — The defense attorney for the former Minneapolis police officer convicted of murder in the death of George Floyd is seeking not only a new trial but also a hearing to “impeach the verdict" by investigating potential juror misconduct.
Eric Nelson's request for a new trial for Derek Chauvin is fairly routine, but the request to investigate the jury is not. Prosecutors have until Wednesday to submit written arguments in response to Nelson’s requests. It's not clear when the judge will rule.
Here’s a look at some of the issues Nelson raised.
NEW TRIAL REQUEST
Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and manslaughter in the May 25, 2020, death of Floyd, a Black man who was pinned to the ground for about 9 ½ minutes as he said he couldn’t breathe. Chauvin will be sentenced June 25.
Nelson’s request for a new trial covers everything from the extensive publicity of the case to allegations of prosecutorial misconduct, arguing the state “belittled” Nelson's defense by calling his arguments “stories.”
He takes issue with the fact that records weren't made of sidebar discussions between attorneys and the judge, and he says the court abused its discretion by not allowing a man who was with Floyd on the day he died to testify. He also takes issue with the addition of a third-degree murder charge and with the state's cumulative evidence about the use of force.
Nelson alleges all of these factors deprived Chauvin of his right to a fair trial.
“It’s almost as if Eric is sort of repackaging all of the major objections he made throughout the trial into one brief and putting them back in front of (Judge Peter) Cahill one more time and asking him to reconsider,” said Brock Hunter, a Minneapolis defense attorney who has followed the case.
It's unlikely a new trial will be granted. Since Cahill already ruled on most of these issues, Hunter and other experts said he probably won't overturn himself. Still, experts say, Nelson has to try. He also has to present these issues in the trial court, if he wants to raise them on appeal.
“He’s zealously representing his client, as we are ethically bound to do,” Hunter said.
PRETRIAL PUBLICITY
Nelson said intense publicity — both before the trial and due to events during it — tainted the jury pool and prejudiced the jury against his client.
There were reports in February that Chauvin had been prepared to plead guilty to third-degree murder, an announcement during jury selection that Minneapolis reached a $27 million settlement with Floyd’s family, and the fatal shooting of Daunte Wright by a police officer in nearby Brooklyn Center, which happened during Chauvin’s trial and sparked days of protests.
Nelson said Cahill abused his discretion when he denied earlier requests to move the trial out of Hennepin County, postpone the trial and sequester the jury.
Ryan Pacyga, another Minneapolis defense attorney following the case, called the developments that came up during Chauvin’s trial a “perfect storm” and said the cumulative impact is worth noting. He said Nelson’s strongest argument may be that the case should have been delayed.
“If I were to think about any of those things happening in a case where I was defending somebody, I would be going crazy and have serious concerns about the impact -- either perceived or real -- on a fair trial,” Pacyga said.
REQUEST TO IMPEACH THE VERDICT
The term “impeach” in this context means to call into question the integrity or validity of a jury’s verdict.
Under Minnesota’s Rules of Criminal Procedure, a defendant can ask the court for a hearing to investigate possible juror misconduct. The hearing, known as a Schwartz hearing, gets its name from a 1960 Minnesota Supreme Court case that set up a procedure for examining jurors when their impartiality is questioned.
The case, Schwartz v. Minneapolis Suburban Bus Co., stemmed from an automobile accident. One of the jurors said during jury questioning that he could be fair and impartial, without disclosing that his daughter had been in an accident. According to text of the ruling published on casetext.com, there was dispute about whether he was asked a question about that during jury selection.
After the trial, an investigator for the defendant bus company interviewed the juror and learned about the accident; the juror told the investigator it influenced him to somewhat favor the plaintiffs.
To avoid having attorneys or investigators “harass” jurors by interrogating them, the Minnesota Supreme Court said if a juror’s untruthful answers to questions could prevent someone from getting a fair trial, it’s best to bring the matter before the trial judge. The juror may be summoned to court to answer questions.
ARE SCHWARTZ HEARINGS COMMON?
No. Pacyga said that's mainly because the judge and attorneys don’t usually know about issues like this unless they're disclosed somehow. He said the defense has a high bar to overcome to get a Schwartz hearing, and prevailing in one is even tougher.
In Chauvin's case, Nelson alleges an alternate juror, who did not deliberate, made public comments after the trial indicating she felt pressured to render a guilty verdict.
He also alleged that a juror who did deliberate, Brandon Mitchell, didn't follow jury instructions and was not candid during jury selection because he didn't mention his participation in an Aug. 28 march in Washington, D.C., to honor Martin Luther King Jr. Nelson also alleged Mitchell made comments indicating he based his verdict on outside influence.
Hunter said he expects the state will say Mitchell wasn't untruthful and that the march wasn't specifically about police brutality. Hunter noted Mitchell said during jury selection that he supported the Black Lives Matter concept.
“He wasn’t really trying to be evasive or hide the ball about where his viewpoints were during jury selection,” Hunter said.
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Comments
This sounds like never getting a seat to the table.
There are no kings inside the gates of eden
MINNEAPOLIS (AP) — A Minnesota judge has ruled that there were aggravating factors in the death of George Floyd, paving the way for a longer sentence for Derek Chauvin, according to an order made public Wednesday.
In his ruling, Judge Peter Cahill found that Chauvin abused his authority as a police officer when he restrained Floyd last year, and that he treated Floyd with particular cruelty.
Still even with the aggravating factors, legal experts have said, Chauvin is unlikely to get more than 30 years when he is sentenced June 25.
Chauvin, who is white, was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for pressing his knee against Floyd’s neck for 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless.
Even though he was found guilty of three counts, under Minnesota statutes he’ll only be sentenced on the most serious one — second-degree murder. Under Minnesota sentencing guidelines, he would have faced a presumptive sentence of 12 1/2 years on that count, and Cahill could have sentenced him to as little as 10 years and eight months or as much as 15 years and still stayed within the guideline range.
But prosecutors asked for what is known as an upward departure — arguing that Floyd was particularly vulnerable with his hands cuffed behind his back as he was face-down on the ground. They noted that Chauvin held his position even after Floyd became unresponsive and officers knew he had no pulse.
Prosecutors also said Chauvin treated Floyd with particular cruelty during the lengthy restraint, saying Chauvin inflicted gratuitous pain and caused psychological distress to Floyd and to bystanders. They also said Chauvin abused his position of authority as a police officer, committed his crime as part of a group of three or more people, and that he pinned Floyd down in the presence of children — including a 9-year-old girl who testified at trial that watching the restraint made her “sad and kind of mad.”
Cahill agreed with all but one of the prosecutors' arguments. He said prosecutors did not prove that Floyd was particularly vulnerable.
Defense attorney Eric Nelson disagreed with the state, saying that prosecutors did not prove that there were aggravating factors. He said Chauvin had legal authority to assist in Floyd's arrest and was authorized under law to use reasonable force. He also said Floyd was not particularly vulnerable, saying he was a large man who was struggling with officers.
Nelson also argued Floyd was not treated with particular cruelty, saying that there is no evidence that the assault perpetrated by Chauvin involved gratuitous pain that’s not usually associated with second-degree murder.
No matter what sentence Chauvin gets, in Minnesota it’s presumed that a defendant with good behavior will serve two-thirds of the penalty in prison and the rest on supervised release, commonly known as parole.
Chauvin has also been indicted on federal charges alleging he violated Floyd's civil rights, as well as the civil rights of a 14-year-old he restrained in a 2017 arrest. If convicted on those charges, which were unsealed Friday, a federal sentence would be served at the same time as Chauvin's state sentence. The three other former officers involved in Floyd's death were also charged with federal civil rights violations; they await trial in state court on aiding and abetting counts.
___
Find AP’s full coverage of the death of George Floyd at: https://apnews.com/hub/death-of-george-floyd
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
My town's school district is supposedly better than the school district next town over. A year or so ago, a black student who is a child of divorce filled out her father's address on a form. Her father lives in the next town over, and her mother moved here for the "better" school district. Still, the student was booted out of the district's schools and now attends school where she feels welcome and accepted in the district where her father lives.
Our superintendent is a white supremacist who blames hip hop (i.e., Black folks) for white kids saying the N-word and scrawling the N-word on public/school property; of course, it has absolutely nothing to do with their old Massachusetts sundown town upbringing.
Her mom wanted to argue to keep her in the district because of its "betterness" (read: more whiteness), but the girl (a preteen) felt unwelcome after the incident and enrolled in a school the next town over where she felt more accepted as a fellow human being.
Wow. A year.
Index | Harper's Magazine (harpers.org)
Libtardaplorable©. And proud of it.
Brilliantati©
-EV 8/14/93
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
https://newrepublic.com/article/162539/defund-the-police-crime-statistics
No mention of the ridiculous number of guns sold either. Gee, “responsible” gun owners couldn’t possibly have anything to do with rising homicide rates, now could they?
Boo!
Libtardaplorable©. And proud of it.
Brilliantati©
makes perfect sense.
-EV 8/14/93
-Eddie Vedder, "Smile"
How you trump lovers live with yourselves, look in the mirror (especially if you’re a woman or have a daughter) and believe all the bull is just so bewildering. It’s like you’ve all crawled out from your creepy shit hole houses after decades and decades just waiting for your leader to emerge. I mean come on, you trump supporters don’t really believe in him and what he stands for, right? You’re all just fucking around with us.
Seriously! Gotta be. Nothing else makes sense.
-Eddie Vedder, "Smile"
...lol - show your math...
I was in Austin in 2009, 2014. Liked it there. Traffic sucked but for the most part I enjoyed it.
Ma'Khia Bryant's time in foster care should be investigated, Beatty and Brown say
Three U.S. lawmakers, including two from Ohio, are requesting a federal investigation into 16-year-old Ma’Khia Bryant's time in foster care before she was shot and killed April 20 by a Columbus police officer.
Bryant was in a foster home and under the custody of Franklin County Children's Services when Columbus police officer Nicholas Reardon shot and killed the teenage girl as she swung a knife at another young woman. Reardon was among officers responding to a report of an attempted stabbing on Legion Lane on the city's Southeast Side.
Read More: Ma'Khia Bryant was helpful and kind, her friends and family say
Now, Congresswoman Joyce Beatty, D-Columbus, and U.S. Senators Sherrod Brown, D-Ohio, and Ron Wyden, D-Oregon, are urging the U.S. Department of Health and Human Services’ Administration for Children and Families to assist Franklin County Children's Services as it reviews the details of Bryant's case.
'I want to see my future’:What the shooting of Ma'Khia Bryant reveals about Black girlhood
In a letter addressed to Acting Assistant Secretary JooYeun Chang of the Administration for Children and Families and Acting Director Robinsue Frohboese in the Office for Civil Rights — both divisions of HHS — Brown, Beatty and Wyden are also requesting that the Office for Civil Rights launch an independent investigation into events leading to Bryant's death.
Full letter:Brown, Beatty: 'Ma’Khia should be alive today.' Their letter calling for federal investigation into events leading to Ma'Khia Bryant death
The three lawmakers said they are making the request on behalf of Bryant's biological parents, Paula Bryant and Myron Hammonds.
“The federal government has an obligation to protect the civil rights of all individuals, and especially those children, young people, and parents involved in federally-funded child welfare systems,” according to a joint statement from the lawmakers. “When a child dies in foster care, the system has failed. It failed Ma’Khia Bryant, who lived in her foster family home for about two months before a police officer shot and killed her in front of that home.
"Ma’Khia should be alive today."
Ma'Khia Bryant death: Former foster-care kids say youth ombudsman in Ohio could make a difference
Bryant's family had previously hired Columbus attorney Michelle Martin, who in late-April indicated she would request such an HHS investigation herself. As she blamed the girl's death on "a bureaucracy ill-equipped to protect" children "in their time of greatest uncertainty and need," Martin further said she would request that the U.S. Department of Justice investigate the shooting — a demand also made by Columbus Mayor Andrew Ginther and City Attorney Zach Klein.
In the meantime, the shooting is being investigated by the Ohio Bureau of Criminal Investigation and eventually will be presented to a Franklin County grand jury, which is routine procedure for all fatal uses of force by law-enforcement officers in the county.
Read More: Ma'Khia Bryant family attorney to investigate death, says 'bureaucracy ill-equipped to protect'
Martin confirmed to the Dispatch on Tuesday that she made a formal request to HHS for an investigation in early May.
Bryant spent two years moving between at least five different foster care homes, according to the three lawmakers.
The Dispatch had previously obtained documents revealing that in March 2018, Ma'Khia Bryant, a younger sister and two brothers (all juveniles) were placed in emergency custody of Franklin County Children's Services. She and her three siblings started out placed with a grandmother, Jeanene Hammonds, but after about 16 months, they were removed from her care and placed in a foster home — in part, state officials said, because Hammonds had lost her housing.
In January 2020, the agency filed a motion seeking permanent custody of the girls, a request that was still pending with the court at the time of Bryant’s death, according to past Dispatch coverage.
The Dispatch has requested comment from a spokeswoman with Franklin County Children's Services.
Read More: Ma'Khia Bryant's death, court records, raise questions about family, system's custody
In the letter sent to the federal agencies, the lawmakers posit that "the foster care system is broken" and refer to a nationwide shortage of foster parents.
The lawmakers cite data showing that Ohio children are placed in the foster care system at a rate 10 percent higher than the national average. Research also shows that Ohio lags other states in the financial support provided to a child in state custody who is placed with a kinship caregiver as opposed to a child placed in a licensed foster care setting.
The state doesn’t award equal pay to “kinship caregivers,” the official term for relatives who take in children, in apparent defiance of a 2017 order from the Sixth Circuit Court of Appeals.
Ohio pays its roughly 8,000 licensed foster parents anywhere from $300 to $6,000 a month per child, with additional funds paid for children with special needs. Kinship caregivers, however, are paid $310 a month per child for a period of only six to nine months, the Dispatch has previously reported.
Read More: Ma'Khia Bryant's family among those paid less than state's foster parents to take in kids
Additionally, the lawmakers referred to studies showing that young Black Americans are more likely to die in police shooting than young white Americans.
"These inequities played out in Ma’Khia’s life and are all too familiar for children and young people in the foster care system, particularly Black and brown children who are overrepresented in the child welfare system," according to the joint statement.
The lawmakers specifically requested that the Office for Civil Rights examine whether Ohio and the Franklin County Children's Services complied with federal requirements for foster care placement and removal, home standards, children's civil rights protections and safety risk assessments.
"One child’s death is one too many, and we cannot let these children slip through the cracks," the letter read. "I (we) support the request of Paula Bryant and Myron Hammonds to initiate an investigation into the circumstances leading up to Ma’Khia’s death so that they may receive the clarity they deserve on the death of their daughter."
elagatta@dispatch.com
@EricLagatta
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
MINNEAPOLIS (AP) — The defense attorney for the former Minneapolis police officer convicted of murder in the death of George Floyd is seeking not only a new trial but also a hearing to “impeach the verdict" by investigating potential juror misconduct.
Eric Nelson's request for a new trial for Derek Chauvin is fairly routine, but the request to investigate the jury is not. Prosecutors have until Wednesday to submit written arguments in response to Nelson’s requests. It's not clear when the judge will rule.
Here’s a look at some of the issues Nelson raised.
NEW TRIAL REQUEST
Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and manslaughter in the May 25, 2020, death of Floyd, a Black man who was pinned to the ground for about 9 ½ minutes as he said he couldn’t breathe. Chauvin will be sentenced June 25.
Nelson’s request for a new trial covers everything from the extensive publicity of the case to allegations of prosecutorial misconduct, arguing the state “belittled” Nelson's defense by calling his arguments “stories.”
He takes issue with the fact that records weren't made of sidebar discussions between attorneys and the judge, and he says the court abused its discretion by not allowing a man who was with Floyd on the day he died to testify. He also takes issue with the addition of a third-degree murder charge and with the state's cumulative evidence about the use of force.
Nelson alleges all of these factors deprived Chauvin of his right to a fair trial.
“It’s almost as if Eric is sort of repackaging all of the major objections he made throughout the trial into one brief and putting them back in front of (Judge Peter) Cahill one more time and asking him to reconsider,” said Brock Hunter, a Minneapolis defense attorney who has followed the case.
It's unlikely a new trial will be granted. Since Cahill already ruled on most of these issues, Hunter and other experts said he probably won't overturn himself. Still, experts say, Nelson has to try. He also has to present these issues in the trial court, if he wants to raise them on appeal.
“He’s zealously representing his client, as we are ethically bound to do,” Hunter said.
PRETRIAL PUBLICITY
Nelson said intense publicity — both before the trial and due to events during it — tainted the jury pool and prejudiced the jury against his client.
There were reports in February that Chauvin had been prepared to plead guilty to third-degree murder, an announcement during jury selection that Minneapolis reached a $27 million settlement with Floyd’s family, and the fatal shooting of Daunte Wright by a police officer in nearby Brooklyn Center, which happened during Chauvin’s trial and sparked days of protests.
Nelson said Cahill abused his discretion when he denied earlier requests to move the trial out of Hennepin County, postpone the trial and sequester the jury.
Ryan Pacyga, another Minneapolis defense attorney following the case, called the developments that came up during Chauvin’s trial a “perfect storm” and said the cumulative impact is worth noting. He said Nelson’s strongest argument may be that the case should have been delayed.
“If I were to think about any of those things happening in a case where I was defending somebody, I would be going crazy and have serious concerns about the impact -- either perceived or real -- on a fair trial,” Pacyga said.
REQUEST TO IMPEACH THE VERDICT
The term “impeach” in this context means to call into question the integrity or validity of a jury’s verdict.
Under Minnesota’s Rules of Criminal Procedure, a defendant can ask the court for a hearing to investigate possible juror misconduct. The hearing, known as a Schwartz hearing, gets its name from a 1960 Minnesota Supreme Court case that set up a procedure for examining jurors when their impartiality is questioned.
The case, Schwartz v. Minneapolis Suburban Bus Co., stemmed from an automobile accident. One of the jurors said during jury questioning that he could be fair and impartial, without disclosing that his daughter had been in an accident. According to text of the ruling published on casetext.com, there was dispute about whether he was asked a question about that during jury selection.
After the trial, an investigator for the defendant bus company interviewed the juror and learned about the accident; the juror told the investigator it influenced him to somewhat favor the plaintiffs.
To avoid having attorneys or investigators “harass” jurors by interrogating them, the Minnesota Supreme Court said if a juror’s untruthful answers to questions could prevent someone from getting a fair trial, it’s best to bring the matter before the trial judge. The juror may be summoned to court to answer questions.
ARE SCHWARTZ HEARINGS COMMON?
No. Pacyga said that's mainly because the judge and attorneys don’t usually know about issues like this unless they're disclosed somehow. He said the defense has a high bar to overcome to get a Schwartz hearing, and prevailing in one is even tougher.
In Chauvin's case, Nelson alleges an alternate juror, who did not deliberate, made public comments after the trial indicating she felt pressured to render a guilty verdict.
He also alleged that a juror who did deliberate, Brandon Mitchell, didn't follow jury instructions and was not candid during jury selection because he didn't mention his participation in an Aug. 28 march in Washington, D.C., to honor Martin Luther King Jr. Nelson also alleged Mitchell made comments indicating he based his verdict on outside influence.
Hunter said he expects the state will say Mitchell wasn't untruthful and that the march wasn't specifically about police brutality. Hunter noted Mitchell said during jury selection that he supported the Black Lives Matter concept.
“He wasn’t really trying to be evasive or hide the ball about where his viewpoints were during jury selection,” Hunter said.
___
Find AP’s full coverage of the death of George Floyd at: https://apnews.com/hub/death-of-george-floyd
Not today Sir, Probably not tomorrow.............................................. bayfront arena st. pete '94
you're finally here and I'm a mess................................................... nationwide arena columbus '10
memories like fingerprints are slowly raising.................................... first niagara center buffalo '13
another man ..... moved by sleight of hand...................................... joe louis arena detroit '14
Pearl Jam bootlegs:
http://wegotshit.blogspot.com