2aguy
Diamond Member
- Jul 19, 2014
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According to legal analyst Andrew Branca over at Legal Insurrection....yesterday was a dumpster fire for the prosecution.....so bad that the defense is now going to call the prosectuions own witness for their side.....
From Legal insurrection......you could also listen to the analysis on the Law of Self Defense podcast.....
The horrible, no good day for the prosecution...
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To ensure the point: The stateās own use-of-force expert testified on cross that he personally had engaged in use-of-force conduct that the state had been using to demonize Chauvin as an unlawful killer. Thatās not a good day for the state.
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Today was a terrible, horrible no good, very bad day for the prosecution, to a degree that I havenāt seen since the trial of George Zimmerman.
If you have no more than an hour to watch the video of todayās proceedings, then I urge you to spend 44 minutes watching the cross-examination of state witness Johnny Mercil, the stateās use-of-force training expert, and 22 minutes watching the cross-examination of Nicole MacKenzie, the stateās medical care training expert. In both instances the result can only be called a train wreck of a disaster for the prosecution.
Indeed, after the judge dismissed Mercil from the witness stand, Prosecutor Schleiter appeared visibly shaken and angryāand he ought to have, given the mauling his case just received.
At one point Mercil testified the he himself had personally kept a suspect physically restrained until EMS had arrived on scene, behavior which the state has been arguing for over a week was misconduct on the part of Chauvin.
Even worse, not only did the cross-examination of MacKenzie by the defense also go badly for the prosecution, it went so badly that Nelson informed the court that he intended to re-call MacKenzie as a defense witness when he presented his case in chief.
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STATEāS WITNESS: MPD LIEUTENANT JOHNNY MERCIL, USE-OF-FORCE TRAINER
OK, with Yang out of the way, letās jump into the first explosive stateās witness of the day, MPD Lieutenant Johnny Mercil, presented as the stateās expert on MPD use-of-force policy and training.
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Mercil is also a genuine fan of Brazilian Jiu-Jitsu (BJJ), saying (as many practitioners do, in my experience) that he had āfallen in love with the sport.ā This was elicited on direct, led by Prosecutor Schleiter, no doubt to buttress Mercilās credibility, as was the direct testimony of Mercil about his expertise in hand-to-hand force techniques as both a trainer and a street cop, and his mastery of MPD use-of-force policies. Little did Schleiter know how Mercilās credibility would shortly boomerang on the prosecution.
Schleiter did his usual routine, where he portrayed use of force options as being cast in absolute and binary terms. If A, then B, if X then Y. Any variance of this was either out of MPD policy or at least āuntrained by MPDā (an entirely different matter than being outside policy), and hence āwrong-act.ā
Schleiter made use of the MPD use of force continuum, and presented it in the most childish and sterile context possible. If at this level of the continuum, officer can do this, but not that, correct. Mercil dutifully answered in the affirmative. But if at that level of the continuum, officer can do that, but not this. Again, yes.
Schleiter would also pose simplified and hypothetical scenarios only minimally representative of what occurred with Floyd and ask if the use of, say, a neck restraint in that hypothetical would be reasonable. Of course, the answer from Mercil, as intended that narrow and specific question, would be, no, unreasonable.
Missing from all of this direct, of course, was any context around the complex dynamics and circumstances that often surround a police use of force event. That Schleiter wants to avoid any such discussion is understandable, because doing so provides an appearance for at least reasonableness, if not outright justification, for Chauvinās use-of-force decisions and conduct with respect to Floyd.
Another common routine from Schleiter when doing direct on stateās witnesses who have any purported use-of-force expertise is to show them the photo of Chauvin apparently (but perhaps not actually) kneeling on Floydās neck and asking, āIs this an MPD trained neck restraint?ā Invariably the answer is in the negative.
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Nelson also once again put the use of pressure and body weight techniques in a favorable light. The state wants to present Chauvinās knee in a negative light, as deadly mechanical asphyxiation, or as a āblood chokeā as attested to by MMA Williams. In fact, however, the use of pressure and body weight to restrain a suspect was adopted by the MPD because it was a lesser intensity of force than the prior practice of using strikesāeither barehanded, or with batons, or even with weighted glovesāto compel compliance. Mercil concurred.
The take home message for the jury is that Chauvinās knee, far from being a public execution in a public street, was a lesser force than would otherwise have been required.
---
When asked explicitly if any of the video of the event showed Chauvin placing Floyd in a āchoke holdā (in this context meaning a respiratory choke but the term has been used with careless disregard for accuracy) Mercil was obliged to answer that it did not.
When asked if a carotid choke, or what MPD would refer to as an āunconscious neck restraintā required both of the carotid arteries to be compressed, Mercil answered that it did. So much for MMA expert Williamsā testimony to the contrary.
----
Further, when asked how quickly unconsciousness occurred when a carotid choke was placed, Mercil answered āless than 10 seconds.ā
Clearly, then Floyd was not being subject to a carotid choke for the large majority of the 9 minutes or so Chauvin had his knee in place, and likely never during that period.
When asked if Mercil trained officers that a suspect who had become unconscious could regain consciousness, get back into the fight, and perhaps even be more aggressive than previously, Mercil responded that he did.
This, of course, is a rationale for Chauvin maintain his knee across Floydās back even after Floyd lost consciousness.
From Legal insurrection......you could also listen to the analysis on the Law of Self Defense podcast.....
The horrible, no good day for the prosecution...
------
To ensure the point: The stateās own use-of-force expert testified on cross that he personally had engaged in use-of-force conduct that the state had been using to demonize Chauvin as an unlawful killer. Thatās not a good day for the state.
-------------------
Today was a terrible, horrible no good, very bad day for the prosecution, to a degree that I havenāt seen since the trial of George Zimmerman.
If you have no more than an hour to watch the video of todayās proceedings, then I urge you to spend 44 minutes watching the cross-examination of state witness Johnny Mercil, the stateās use-of-force training expert, and 22 minutes watching the cross-examination of Nicole MacKenzie, the stateās medical care training expert. In both instances the result can only be called a train wreck of a disaster for the prosecution.
Indeed, after the judge dismissed Mercil from the witness stand, Prosecutor Schleiter appeared visibly shaken and angryāand he ought to have, given the mauling his case just received.
At one point Mercil testified the he himself had personally kept a suspect physically restrained until EMS had arrived on scene, behavior which the state has been arguing for over a week was misconduct on the part of Chauvin.
Even worse, not only did the cross-examination of MacKenzie by the defense also go badly for the prosecution, it went so badly that Nelson informed the court that he intended to re-call MacKenzie as a defense witness when he presented his case in chief.
-------
STATEāS WITNESS: MPD LIEUTENANT JOHNNY MERCIL, USE-OF-FORCE TRAINER
OK, with Yang out of the way, letās jump into the first explosive stateās witness of the day, MPD Lieutenant Johnny Mercil, presented as the stateās expert on MPD use-of-force policy and training.
---
Mercil is also a genuine fan of Brazilian Jiu-Jitsu (BJJ), saying (as many practitioners do, in my experience) that he had āfallen in love with the sport.ā This was elicited on direct, led by Prosecutor Schleiter, no doubt to buttress Mercilās credibility, as was the direct testimony of Mercil about his expertise in hand-to-hand force techniques as both a trainer and a street cop, and his mastery of MPD use-of-force policies. Little did Schleiter know how Mercilās credibility would shortly boomerang on the prosecution.
Schleiter did his usual routine, where he portrayed use of force options as being cast in absolute and binary terms. If A, then B, if X then Y. Any variance of this was either out of MPD policy or at least āuntrained by MPDā (an entirely different matter than being outside policy), and hence āwrong-act.ā
Schleiter made use of the MPD use of force continuum, and presented it in the most childish and sterile context possible. If at this level of the continuum, officer can do this, but not that, correct. Mercil dutifully answered in the affirmative. But if at that level of the continuum, officer can do that, but not this. Again, yes.
Schleiter would also pose simplified and hypothetical scenarios only minimally representative of what occurred with Floyd and ask if the use of, say, a neck restraint in that hypothetical would be reasonable. Of course, the answer from Mercil, as intended that narrow and specific question, would be, no, unreasonable.
Missing from all of this direct, of course, was any context around the complex dynamics and circumstances that often surround a police use of force event. That Schleiter wants to avoid any such discussion is understandable, because doing so provides an appearance for at least reasonableness, if not outright justification, for Chauvinās use-of-force decisions and conduct with respect to Floyd.
Another common routine from Schleiter when doing direct on stateās witnesses who have any purported use-of-force expertise is to show them the photo of Chauvin apparently (but perhaps not actually) kneeling on Floydās neck and asking, āIs this an MPD trained neck restraint?ā Invariably the answer is in the negative.
----
Nelson also once again put the use of pressure and body weight techniques in a favorable light. The state wants to present Chauvinās knee in a negative light, as deadly mechanical asphyxiation, or as a āblood chokeā as attested to by MMA Williams. In fact, however, the use of pressure and body weight to restrain a suspect was adopted by the MPD because it was a lesser intensity of force than the prior practice of using strikesāeither barehanded, or with batons, or even with weighted glovesāto compel compliance. Mercil concurred.
The take home message for the jury is that Chauvinās knee, far from being a public execution in a public street, was a lesser force than would otherwise have been required.
---
When asked explicitly if any of the video of the event showed Chauvin placing Floyd in a āchoke holdā (in this context meaning a respiratory choke but the term has been used with careless disregard for accuracy) Mercil was obliged to answer that it did not.
When asked if a carotid choke, or what MPD would refer to as an āunconscious neck restraintā required both of the carotid arteries to be compressed, Mercil answered that it did. So much for MMA expert Williamsā testimony to the contrary.
----
Further, when asked how quickly unconsciousness occurred when a carotid choke was placed, Mercil answered āless than 10 seconds.ā
Clearly, then Floyd was not being subject to a carotid choke for the large majority of the 9 minutes or so Chauvin had his knee in place, and likely never during that period.
When asked if Mercil trained officers that a suspect who had become unconscious could regain consciousness, get back into the fight, and perhaps even be more aggressive than previously, Mercil responded that he did.
This, of course, is a rationale for Chauvin maintain his knee across Floydās back even after Floyd lost consciousness.
Chauvin Trial Day 7 Wrap-Up: a horrible day for the prosecution
Prosecution visibly shaken after cross-examination of MPD force & medical experts
legalinsurrection.com
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