Michael, Greg Jarrett, Yesterday discussed on The Michael Berry Show
Get right through it goes. We're short on time. What acquaint notion for me here in. Houston i ask greg jarrett. If he could stay for two segments or just one and he said well. I have to catch the train to catch the train texas right. We never hear anybody. Say that greg jarrett is our guest. You've seen him on fox news where he's legal analyst and commentator greg. I wanted to get to the george floyd trial You've written about this already your thoughts on how. That's proceeding well. It's not going well for defense. And of course i recognize we're still in the prosecution's case but Despite all of the witnesses and experts that are still to be called. It's really gonna come down to one thing. The digital recording because jurors became eye to the horrifying death of george floyd They have been shown now over the course of three days of the trial over and over again In this digital recording that essentially transports the jurors back in time to the day that floyd lost his life there placed at the scene of the alleged murder. They they observe the encounter unfold minute by agonizing minutes the seconds tick away and what really feels like michael is slow motion death spiral and that's unusual because you don't normally have that in trial jurors or leftist sort of piece together events from fragments with physical evidence and first and second hand accounts from witnesses. And he's you know your lawyer. Air memories are fallible. Perceptions are prone to mistakes. I and jurors often hear conflicting accounts and the search for truth can be elusive but here. The truth is seeing a second by second for nine minutes and twenty nine seconds. Chauvin knelt on the neck. Of george floyd so. The question is for the jurors. Was this excessive force. If so he's likely guilty but they also have to answer. The question was chauvin the cause of death. And here you know i. People have been seen and i get criticizing greg. You're you're not remembering. He died of a drug overdose. Well that's an arguable. Point and prosecutors have a distinct advantage. And i know you know this. Michael is a lawyer because the law in minnesota especially and elsewhere says the prosecution doesn't have to prove that that chauvin was the sole cause of floyd's death only a substantial factor. And again look at the videotape. And i think jurors will conclude. That's a substantial factor. Right there being the kneeling or that being the sentinel kneeling You know look. And i know a lot of people don't wanna hear that it's very controversial trial But i look at it as a lawyer. I look at the facts. And i look at the law And and also i did in in yesterday's column was published last night on fox news. I looked very closely. I studied The training Manual and the policy manual of the minneapolis police department. And it appears that chauvin ano- prosecutors are gonna argue this violated numerous provisions. I'll just identify one of them. He is duty-bound. Under these circumstances to de escalate not escalate the situation and yet he didn't do that There are other provisions that he violated as well. And so i you know. I as i said at the outset it. It's an uphill battle for the defense. But i'm willing to wait and see The case that they present. When it's there. But greg shouldn't there be an. I'll go back to. First year. Creme law and i don't know what minnesota statute says you probably do. Shouldn't there be a men's raya. Shouldn't there be a mental state. Shouldn't he need shouldn't they need to. Don't they have a burden to show that he had an intention. I mean is this. Can this be a negligence based case and if so. What exactly is that charge. Well it's interesting you bring it up And and people misunderstand this they're saying well. Prosecutors have to prove intent to kill men's risks That would normally be the case in minnesota in fact it is the case in second-degree murder which is the top charge against chauvin but they're neglecting to go down that statute and she. The felony murder provision is what prosecutors are arguing and it says essentially the intent to commit assault resulting in death is second degree murder. And so they they don't have to prove That chauvin intended to kill only that his actions toward a george. Floyd were intentional. And and frankly you know the videotape Volumes to answering that question. I'm sure you've watched this film more than than almost anyone as as you're reviewing this. Is there anything in. Show vins Behavior or his actions that you can look to and say. That doesn't show me a guy who understands. This man is about to die and who is taking pains to avoid that no and in fact You know we'll be almost impossible For shows in claiming didn't realize that floyd was on the precipice of death Again the videotape plus the eye witnesses. You know the jurors are watching on the monitor and they see Floyd lapse into unconsciousness. He's heard saying before that. I can't breathe over and over again. At one point he cries. You know mama. They're killing me. My body is shutting down he wails in agony and moments later recording shows him motionless and silent. his eyes are closed appears. He's no longer breathing. There's no avert sign of light and yet with a defiant look on his face shoving continues to compress his neon floyd's neck for a four three more minutes. It should have been obvious. Any reasonable person should have realized. Floyd needed urgent. Medical help not continued restraint And so i'll tell you what let's let's do this. Let's assume michael for the sake of argument. That offense need compression was justified for a reasonable period of time. Let's say it's justified for the first minute or or the second or the third minute. What about the fourth or fifth or six minutes or at.