Kendall Coffey, Abetting, United States Attorney discussed on South Florida's First News with Jimmy Cefalo

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Aiding and abetting what is it all means a harder thing to to to prove this is put the case in danger for example let's talk about it replace to be joined by Kendall Coffey former United States Attorney in federal prosecutor also author of the book spinning the law on Twitter at candle underscore coffee good more to get a good to talk to you Hey good morning thanks for inviting yeah you know they're there there was a Mr Crump of the attorney for the family held news conference in the afternoon and called for the rest of the other three I'm wondering an increase in the charges against Charlotte I'm wondering if the optics of this is dangerous for the Minnesota prosecutors who did they upgrade them because of that pressure or did they honestly decide that they could prove second degree murder well I'm sure they move faster because of the pressure but but whether they charged a crime that they thought was unprovable I doubt that and the the reality is we we seen Jimmy police shootings very troubling and in some instances criminal police shootings but they are momentary lapses and or even seconds of of recklessness this was close to nine minutes of of of of the killing that that in many ways was underscored by cruelty he was held there he was helpless there on his neck he's begging for breath and so I think with respect to the charges they have now second degree murder that's a pretty realistic charge I I know that there's also discussion about whether it should be upgraded to first degree murder which is requires premeditation I don't think that that crime is is the right charge and sometimes you can overcharge crimes but second degree murder means doesn't mean that there was any motive even if it doesn't mean that the doctor shopping woke up in the morning wanting to kill somebody just means what he was doing a naturally proximate Li even inevitably was going to cause somebody to lose their life and I think that's provable that's a certain point and just playing devil's advocate for the family side it some point during those eight minutes and forty six seconds when is a cross over that it was premeditated that win win Mister Floyd shelling I can't breathe I can't breathe with another another officer who was charged as well now who said they wish term on the side insurances notes keep them like this at four minutes and five minutes it's six minutes becomes unresponsive does not become premeditated it could and and that charge would be within a range of of prosecutable offenses premeditated doesn't mean there's a particular motive and and in fact you know premeditation doesn't take prior day of planning it can happen in a very brief episode what it really means is that during the course of this whatever you're doing you actually decide and have a plan a plan to keep doing what you're doing knowing that it will never because somebody's death so premeditation is something that they could perhaps move to one of the things is going to be fascinating is it to the extent that they develop how much or how little these two men knew each other before right I think the more of a relationship good or bad there is there the more it could prove prosecutors to upgrade the charge yet again to first degree murder because I think the more awareness you have of who the victim is I think a jury might think the more awareness you have of the Xactly what you're doing and that really becomes the key yeah they they were to the same club of the final question for there was that one officer that I mentioned you said point what should we turn over on the side shopping was the a senior officer on the scene he said no let's keep them like this do you think that officer to mitigating statement by him that might get him off on the stars yet might I I don't think of the other three officers unnecessarily man all what followed one pattern of conduct one of the officers were standing distance keeping people away the other officer and as you say it was you know trying to suggest things like turning over so I don't know that that all three or which of the three might be convicted of the other crime aiding and abetting second degree murder we'll have to see how that unfolds but it is a very very serious charge and I think the jury may think the police officers who were on the scene have a duty to do more than look the other way the battle is really going to be in picking the jury isn't channel I mean that's gonna be the hard part yeah yes and of course we've got to get a unanimous verdict and sometimes right I excessive force cases it's it's tough to do that sure thanks always a pleasure to talk to your best of luck to you and we appreciate your time this morning is always okay thanks for watching this can the coffee everybody it's eight seventy medicines training for Jimmy starting tomorrow all of Florida with the exception of Miami Dade Broward and Palm Beach counties moving into phase two of the re opening his restaurant will stay at fifty percent capacity but they'll be allowed to open bar area seating bars and pubs can open at fifty percent capacity movie theaters as well we've got more on what it means for the rest of the state in oneself Florida can expect to move along it's on the front page of W. I. O. D. dot com Jimmy may there are lessons that we can learn about the R. values from the uprising among employees on Facebook this week yet Facebook we'll talk about that with Bob so my consumer rights expert that is straight ahead in the twenty one traffic any twins reduce extend WYO day no the latest local headlines.

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