Chauvin: What do we know?

There are so many important, newsworthy issues happening now; I am struggling to keep up with it all. From voter suppression to the Derek Chauvin murder trial, it is all so important it is quite hard to keep pushing out opinion essays. I want to do it all, but I cannot get it all done.

At the risk of being slightly out of tune with the most current news, I have decided today is the time to talk about the Chauvin murder trial. For those who have not been glued to this trial as I have, I offer my thoughts.

The most critical portion of the testimony is coming up, most likely tomorrow. We have seen a great deal of opinion testimony and some expert opinion witnesses as well. The opinion testimony is the most compelling because it supports what we think we know and what we saw on the videos. I am in no way dismissing the importance of these accounts. They tell the most complete and accurate story of what happened. But the prosecution has the charge of proving the charges beyond a reasonable doubt. All of the jurors have to be convinced that Chauvin committed murder or, at the least, acted in a reckless fashion that caused the death of George Floyd. The outcome is not a foregone conclusion.

The prosecution, in this case, has done a commendable job of presenting evidence that seems irrefutable. The defense counsel has struggled somewhat to disprove the evidence presented. Keep in mind, however, that the requirement for acquittal is reasonable doubt. Is it conceivable that the defense could establish reasonable doubt in the minds of one or more jurors?

Despite what seems like irrefutable evidence supporting the prosecution's case, it is entirely possible that one or more jurors could be conflicted. The primary reason for this is the rules of evidence. The judge in this trial is fairly applying these rules of evidence.

Tomorrow and throughout the week, we will hear the testimony of pathologists and expert witnesses in the cause of death. The causal factors remain the most critical question in this trial. The prosecution will bring witnesses who support the theory that Floyd was asphyxiated by Chauvin, keeping his knee on the neck longer and for more significant pressure than was reasonable for the situation.

The defense will bring witnesses who will testify that Floyd's cause of death was not asphyxiation but a drug overdose. They have argued that the "crowd" influenced the officers on the scene to adjust their assessment of the situation somehow. Or, they might argue that Floyd resisted so much that Chauvin made the right decision to restrain him by the neck until the EMTs arrived. It is also not inconceivable that they may call Derek Chauvin to the stand.

Regardless of the arguments made so far, this week's expert witnesses will decide this case. Because the jury cannot decide based on what has been provided to this point, this case pivots on the cause of death.

Causation is a crucial issue. As much as we all can clearly see the cause, the expert witness testimony will decide this case in the jurors' minds. That is all that matters. As unfortunate as it made be, that is all that matters.