by Jonathan Turley
Below is my column in the Hill on two issues that arose on the final day of the trial of Derek Chauvin that could now feature prominently in any appeal. There will likely be an array of conventional appellate issues from the elements of the murder counts to the sufficiency of the evidence. Obviously, any appeal will wait until after sentencing, which will take many weeks. However, two issues were highlighted on the final day which could play a role in the appeal. The first on the denial of a venue change and the sequestering of the jury is very difficult make work on appeal. However, there are strong arguments to be made in this case. I believe Judge Cahill should have granted the venue change and also sequestered this jury. It is not clear if the court polled the jury on trial coverage, particularly after the inflammatory remarks of Rep. Maxine Waters (D., Cal.). However, there are credible grounds for challenging how this jury may have been influenced by the saturation of coverage of the trial as well as rioting in the area.
The final day of the Derek Chauvin trial in Minneapolis seemed at times to be a remake of the 1981 neo-noir film, “True Confessions.” Call it “True Concessions.” Judge Peter Cahill acknowledged that Rep. Maxine Waters (D-Calif.) may have given the defense a basis to overturn any conviction, while prosecutors seemed to drive a stake through the heart of their cases against three other officers charged in the death of George Floyd. And it all played out on live television.
Damage Below the Waters Line
Rep. Waters ignited a firestorm of controversy by flying to Minnesota to tell protesters to remain in the streets and fight for “justice,” to be “more confrontational,” despite days of rioting, looting and other violence. She said no verdict in the Chauvin trial would be accepted except a conviction for first-degree murder — a demand that might be a tad difficult to satisfy since Chauvin is not charged with first-degree murder. All of this as the jury literally headed off to deliberate.
Some of us immediately noted that Waters single-handedly succeeded in undermining not just the Chauvin case but her own case against former President Trump. Waters, one of several House members suing Trump for inciting violence on Jan. 6, is now his best witnesses against her lawsuit. Where she charged that Trump sought to incite violence and intimidate Congress, Waters is being denounced for inciting violence and intimidating the trial court.
One of those denouncing Waters was Judge Cahill, who declared in open court that “I wish elected officials would stop talking about this case, especially in a manner that is disrespectful to the rule of law and to the judicial branch and our function. If they want to give their opinions, they should do so … in a manner that is consistent with their oath to the Constitution.” Calling such comments “abhorrent,” Cahill added this haymaker: “I’ll give you that Congresswoman Waters may have given you something on appeal that may result in this whole trial being overturned.”
His statement was not just a criticism but a concession that Waters’ comments could not have come at a worse time or put the court in a worse position. Some of us have criticized Cahill — who has done an otherwise outstanding job — for not changing the trial’s venue or sequestering the jury. Those rulings came back to haunt him as protests grew before the trial and then exploded with the killing of Daunte Wright in nearby Brooklyn Center, Minn. One of the Chauvin jurors lives in Brooklyn Center, where rioting and looting occurred even before Waters flew in to throw gasoline on the fire.
Cahill denied a defense motion for a new trial but acknowledged that Waters’ comments magnified the appellate challenges in sustaining any conviction. Such statements alone are unlikely to overturn a conviction — indeed, such motions are notoriously hard to win — but Waters has made it far more difficult for prosecutors in the case. The tragic irony is that Waters could be used to overturn the very conviction she demanded. If that happens, it is unlikely that rioters will go to her home or burn businesses in her district. Those crimes will be focused in Minnesota but could spend across the country, too.
The danger for unrest may be greater due to the array of charges. It is not clear that a manslaughter conviction will satisfy protesters if it is accompanied by acquittals on murder. This was always a stronger manslaughter than a murder case. More importantly, adding the murder charges created a potential flashpoint for protests with any acquittal or later reversal on appeal. Moreover, while total acquittal seems unlikely, there is a possibility of a mix of acquittals and a hung jury that could ignite further rioting.
Prosecuting the Powerless?
If Waters was undermining any conviction of Chauvin, the prosecutors themselves seemed to be undermining any prosecution of the other officers. In one of the trial’s most surprising moment, prosecutor Steve Schleicher seemed to exonerate the other three officers in order to further incuplate Chauvin. In his closing argument, Schleicher declared that Chauvin “had the power, and the other officers, the bystanders, were powerless.”
Prosecuting the powerless is not usually part of the oath of district attorneys.
Mr Turley’s legal observations not withstanding, what appellate judge in the country would be suicidally stupid enough to even hear the case in the first place. Love of and respect for the law is all well and good but it does nothing to protect you from looking out your front window and finding an angry armed with molotov cocktails on your front lawn. I wouldn’t touch that with a 1,010ft pole. Nossir! Mad Maxine has made it abundantly clear what will happen to anybody stupid enough to stand in the way of what the mob wants!
racist, race bating, unstable, mad max ‘s visit was planned to the city and the commicrat judge knew of the rally. the presiding judge is a registered commicrat. the key to all terrorist operations is intimidation with threat of death. both domestic terrorist groups in this country play the victim and race card. as Gen. Curtis Lemay noted many decades ago, kill enough and the rioting will stop. America is a Republic, not a democracy and mob rule is not what America is based upon.
Survived Tet Offensive in 1968, this mob of pussy’s, snowflakes, illiterate looser has no idea of what war is, have no idea of what is like when Puff the Magic Dragon makes two passes up and down a village, or when you call in your own artillery to cover the village. you know what Puff the Magic Dragon is?
Democrats today simply do not believe in justice, due process and rule of law.