Second Degree Murder Charge for First-Degree Murder: the Partiality of indicting Derek Chauvin for the Murder of George Floyd

 

Ipemndoh dan Iyan 

I salute you #DarnellaFrazier, young as you were not only to have the Presence of Mind to Video-shoot ‘white’ Police Officer Derek Chauvin killing ‘black’ Civilian George Floyd. I thank you Mayor #JacobFrey for being the first ‘white’ Human Being in Authority to speak out against what you clearly saw was a Police Officer in the United States of America carry out an extra-judicial killing of an Innocent Citizen, after all, One is not guilty of a Crime until proven guilty under due process. Kudos to Judge Peter Cahill for his Faithfulness to the Law. I praise you the Derek Chauvin Trial Jury for having the Courage and Strength to tell the Truth and be on the Side of Righteousness© Ipemndoh dan Iyan

I was never in any Doubt that Derek Chauvin should have been indicted on Murder in the First Degree. Chauvin and George Floyd had worked together as Security Personnel at El Nuevo Rodeo Club. Floyd had at some Point challenged Chauvin over his discriminatory Treatment of African-Americans. Prima-facie therefore, when Chauvin knelt with his full Weight on Floyd’s Neck in unauthorized Fashion for over 9 Minutes, he knew who Floyd was, he was aware he was killing him and he understood why he was killing him. Chauvin did precisely what he intended to do. It was extra-judicial Killing by a lowlife 'white' Police Officer. It was Aggravated Murder and this Crime under Minnesota Law is First Degree Murder. https://twitter.com/IP_dan_Iyan/status/1276956259800014848?s=19 

Eric Nelson, the Attorney for Derek Chauvin's Defense at his Trial for the Killing of George Floyd struck me throughout like a Student conversant with the Textbook from the opening Page to the last Page but completely at a Loss with the Lesson of the Textbook. I wondered every Minute how this Man could be pleading a Case totally on Montages of Hypotheses. Unbelievably, 'American' Commentators - including Lawyers - were glorifying him during the Trail as more than competent and which they maintained even immediately after the Trial. Yet, the Law has never been based on Hypothesis. Whether it is adversarial or inquisitorial Court Pleadings, the Law has always been premised on Fact. Even a first Year Student of Law understands this. I am not just saying this now that Nelson lost the Case. I tweeted similarly in https://twitter.com/IP_dan_Iyan/status/1379377402418188291?s=19 of 6 April 2021. The Guilty Verdict was delivered on 20 April 2021. I was not surprised that the Court allowed Nelson to continue with his fictionalizing Evidence, after all, 'due process' must have its Day. 

In fact, Eric Nelson's Logics of defending Derek Chauvin emphasized his intellectual Deficiency and judicially-approved  Dishonesty. He did not adapt his Textbook Understanding to accommodate the Video Evidence of what transpired on 25 May 2020 around 2000 Hours Central Daylight Time (CDT) – ca 0200 Hours 26 May 2020 British Summer  (BST) – when Chauvin murdered George Floyd during his Abuse of his Law Enforcement Badge. 

1) The Suggestion that Chauvin was threatened by "the Crowd" was defeated by Chauvin himself in the Shot of his kneeling on Floyd's Neck with his left Hand arrogantly tucked dip into the left Pocket of his Trousers (Pants). No Person who is afraid of physical Attack on herself or himself would incapacitate own Readiness to protect herself or himself. 

2) The so-called Crowd comprised no Population sizeable enough to be designated as "Crowd." 

3) The so-called Crowd consisted of a clearly helpless Collection of Individuals who forlornly begged Chauvin and his fellow Officers to stop playing 'God'. 

4) The Proposition that Floyd was not complaint with Police Commands was contradicted with Floyd pleading with them saying "please, please" and "I can't breathe" over and over. 

5) The Introduction of the 2019 Arrest of Floyd captured on Police Body Camera, as Precedent of his resisting Arrest. I never came across any Commentator – Attorneys included – who did not compliment this Nelson Move as dexterous. Me? I saw judicial-Dishonesty in Nelson’s Attempt to unduly influence the Jury. Nelson could introduce Floyd's past Encounters with the Police - whether or not instigated falsely and/or unfairly by Officers - while Chauvin's previous Misdemeanours were sacrosanct. That is 'Justice' for you; the Field ain't structurally level. At the time of his Trial for Murder 2, Chauvin had Misconduct Complaints against him resulting in formal Reprimands. Further, Chauvin was already indicted for Tax Evasion. Surely, with such Blemishes on him, Chauvin could not be a Hallmark of Repute Nelson was misleading the Jury to believe. Importantly, the 2019 Police Body-Camera Shot displayed, to me, the Unreason of a Police Officer yelling unreasonable Orders at Floyd. He wanted Floyd to place his Hands on the Dashboard of the Vehicle he was in so that he could see them. That Floyd had these Hands in the Air meant nothing to that power-drunk Officer. He was ‘God’ and he must be obeyed exactly as he commanded. Even me, watching this Body Camera Take in the Safety of my Home circa two Years after it was taken felt unnerved by that Officer’s barked Commands. There is not even any Need to imagine what George Floyd felt in those Moments in 2019 because he made us know exactly his Dread. He said aloud, on Tape, his Worry about being shot by that Officer. 

6) Nelson convinced himself that by kneeling on Floyd’s Neck, Chauvin simply replicated Minneapolis Police Department’s Training. Yet, in full View of the World, that Department not only condemned the Tactic, it rebutted it as ever being its Training Initiative.  It was Tactic that Chauvin himself invented. 

7) Nelson nailed the Coffin of his impudent Defense with his repetitive Use of "a reasonable Officer" when clearly there is no Evidence of Chauvin being such in the ca 9 Minutes Video the World saw. Nelson probably read it somewhere that if a Message is repeated many Times, it would be etched in Human Memory (a Form of ‘Imprinting’). Someone should have made him understand that when a Message is sent to the Human Brain, the receiving Brain appreciates the Message within the Confines of personal Logics. 

Whether Eric Nelson is naturally incompetent, I do not know but in Derek Chauvin he had a hopeless Case. He, himself, knew he had not been good enough hence he sought a Mistrial for ridiculous Reasons. Again, he emphasized his Inability to reconcile his Textbook Reservoir (and Case Precedents) with the Reality of modern-Day Jury Appropriateness. He hallucinated that his turned-down Demand – he evidently did not see it as Plea – for the Sequestration of the Jury and/or what Representative Maxine Waters said should award him that Mistrial. I have News for him. If he believes, truly, that either Excuse will win him an Appeal, when heard, he lives in ‘Cloud Cuckoo Land'. If he gets an Appeal at all, it would only be for the Matter of again hearing his absurd Propositions. Were I a Judge, I would be curious and will grant the Appeal because I know that no Jury in Today’s World can be shielded from public Sentiments on any Case. This is the 21st Century not the 8th or 12th or 13th or whenever they decide the Jury System emerged. These Days, the Distribution of Information is real-time driven by Information Technology to all Parts of the World. No matter where you are, the Dissemination of Information is intrusive. You encounter Information whether or not you searched for it on Purpose. Your only Choice in the Matter is what you do with that Information thrust upon you. That Nelson wanted the Trial held anywhere else but Minneapolis only confirms his Design for the Trial to be heard in a Racist Location with racist Jurors (and perhaps a racist Judge too).

Nelson was unprepared for a neutral "playing field." He had readied himself for Jurors whose Minds would be ruled only by the Delusion of 'white superior, black inferior and nothing else matters'. When Special Assistant District Attorney Jerry Blackwell of Blackwell Burke P.A. remarked that Nelson was “shading ... the Truth“, it did not come to me as Revelation because it was exactly what Nelson was doing. Eric Nelson did not do his Job in attempting to absolve Derek Chauvin of Culpability for the Murder of George Floyd. His Arguments were not at any Time reasonable or sensible. Any Appeal he raises will be absurd but will continue to give us a View into his own Immorality. Persons like him and Chauvin get away with their Inhumanity because we are no longer in the State of Nature. 

By the Way, the Nonsense must stop that Derek Chauvin was “a superior Officer” to the other three Officers with him on the Night he murdered George Floyd who had posed absolutely no Threat to him and his Colleagues. Chauvin’s longer Service compared to the others did not or does not presume Superiority unless specifically directed. Chauvin had no Rank, as far as I know. 

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21 April