A jury has been selected in the Derek Chauvin trial, the former police officer who snuffed out the life of George Floyd with his knee held on Floyd’s neck for 8 minutes and 46 seconds. Twelve members of the jury will decide Chauvin’s fate. Three alternates were chosen in the event that any of the twelve jurors might be excused during the trial. The jurors consist of three Black men, one Black woman, two mixed-race women and nine white jurors. It is unclear which jurors represent the initial twelve members of the jury who must weigh the evidence and decide if Chauvin committed second degree murder, third degree murder or manslaughter. The prosecution failed to charge Chauvin with first degree murder. As a former prosecutor, I have tried cases with far less evidence and received convictions of first -degree murder. Of course, my convictions were not against police officers who are rarely charged or convicted of murder or manslaughter. From 2005 to 2020, only five officers were … [Read more...] about Derek Chauvin Defense versus Justice for George Floyd
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Justice for George Floyd versus Black Reality
All eyes will be focused on Minneapolis as jury selections begin March 8, 2021 in the trial of Derek Chauvin, former Minneapolis police officer, charged with second degree murder and second degree manslaughter for the death of George Floyd. On May 25, 2020 Chauvin snuffed out Floyd’s life with his knee held on his neck for 8 minutes and 46 seconds as Floyd cried out nearly thirty times that he couldn’t breathe. Protests started the next day in cities across the country with tens of thousands of protesters and continued into the summer. Caught on video, the case appears to be a slam dunk for a conviction for the prosecution. As a former Baltimore prosecutor, I know the reality is a bitter pill to swallow. Juries rarely convict the few police officers who are charged with the murder or police brutality of unarmed Black people—despite video footage. A conviction will hinge on the jurors who are selected to hear the case. Jury selections are estimated to take several weeks. A jury … [Read more...] about Justice for George Floyd versus Black Reality
Why Amber Guyger’s Appeal Success is Unlikely
Former police officer Amber Guyger intends to possibly file an appeal of her murder conviction resulting in a 10- year prison term. She filed a notice of appeal. A notice of appeal must be timely filed within 30 days of a final court order to preserve a defendant’s right to appeal. A notice of appeal does not mean that a defendant will file an appeal. It only provides notice to the court that an appeal is being contemplated to be filed. An appeal is successful when it determines prejudicial legal errors made by the trial judge’s rulings which likely resulted in the defendant’s conviction. Guyger’s own attorney made strategic mistakes that likely resulted in her conviction. And no, a defense attorney cannot appeal his/her mistakes. If Guyger had not testified that she intended to kill Botham Jean, a jury may not have likely convicted her of murder. The crime of murder requires an element of an intent to kill. Through her own testimony on direct examination by her attorney, she … [Read more...] about Why Amber Guyger’s Appeal Success is Unlikely
Atatiana Jefferson Deserves Justice
The murder of Atatiana Jefferson, cut me through the core. It was the most recent killing of an African American by a white police officer while relaxing in her Forth Worth, Texas home playing video games with her 8 year- old nephew. I had hardly recovered from the trial of Amber Guyger murdering Botham Jean in his Dallas home when this incident occurred. In the early morning hours on October 5, a police officer, now fired, went to Jefferson’s home to do a wellness check at the bequest of her neighbor. Instead of checking on her well-being, the officer shot her to death. If the officer had been a drug dealer or a burglar peering through her window and firing at her, it would be considered an assassination. I consider the cowardly act of this police officer to be an assassination of an innocent young woman, not yet 30 years old. We can’t continue to have black lives taken at the hands of trigger- happy police who fear African Americans. There must be accountability both before an … [Read more...] about Atatiana Jefferson Deserves Justice
Stephon Clark’s Killing and a Demand for Justice
On March 18, 2018 Stephon Clark, a 22-year-old Black man, father of two children from Sacramento, California was one of the more than 230 persons shot and killed by police in 2018. Mr. Clark was unarmed when he was shot and killed in his grandmother’s back yard. Mr. Clark’s family attorney, Benjamin Crump, arranged for an independent autopsy. The autopsy conducted revealed that Clark was shot 8 times in the back. A total of 20 rounds were fired at Mr. Clark. These autopsy results contrast with the statements of the officers who claim they feared for their lives. Mr. Clark was not armed but only possessed a cell phone. Every year on average, there are 1000 persons killed by police in the U.S. Clark’s shooting death has once again caused outrage over the killings of unarmed Black men to be shot and killed by police in the U.S. Blacks are shot and killed by police at a rate of almost 3 times that of whites. Since 2005, there have only been roughly 80 arrests or charges of … [Read more...] about Stephon Clark’s Killing and a Demand for Justice
Another White Cop Acquitted in Murder of a Black Man
Once again, as we have seen all too often, another white police officer has been acquitted in the murder of a St. Louis Black man, Anthony Lamar Smith. Ex- police officer Jason Stockley was charged with first degree murder in the shooting death of Smith. This 2011 case, like the few others where police officers have even been charged, ended the same way as the officer trials in Freddie Gray, Walter Scott, Jonathan Ferrell and Samuel Dubose cases. They all ended without justice for the murder of a black man. Most end in an acquittal or hung jury without a retrial. There was strong evidence in the Smith case to convict Stockley. First, Mr. Smith was trying to get away from the officer during a police chase in his vehicle. Stockley, apparently outraged at Smith’s actions is heard saying, I’m gonna kill that ___expletive. And less than one minute later, Stockley kept his promise and shot and killed Smith. Stockley later alleged a gun was found in Smith’s car---after going inside … [Read more...] about Another White Cop Acquitted in Murder of a Black Man