Floyd was a big man. His record would be relevant if the video evidence surrounding his arrest gave reason to believe he was aggressive. However, it does not. Sometimes, ex-cons know the drill. https://twitter.com/paulsperry_/status/1266554504385892352 …
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Also, kneeling on a man's neck is deadly force. Maybe you do that in the heat of the moment if he's big and struggling, but just staying there while he's pinned to the ground? Nope.
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Replying to @baseballcrank
And, FWIW, 1- I went very carefully through complaint and there’s no allegation that he threatened the police in any way; and 2- what matters in a trial is prior CONVICTIONS, not arrests (to say nothing of 13-year-old arrests).https://www.nationalreview.com/2020/05/what-we-do-and-dont-know-now-about-george-floyds-death/ …
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Replying to @AndrewCMcCarthy @baseballcrank
Andrew won’t see this, but convictions / arrests are maybe relevant when the individual is the defendant - not the victim. So not sure what any of this has to do with anything as to this man’s murder.
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Here, even if Mr. Floyd fought back, his priors would *maybe* only be relevant if the police officer defendant had actual knowledge of them.
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Replying to @beyondreasdoubt @AndrewCMcCarthy
What's relevant as a matter of common sense is not always what is legally admissible.
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Replying to @baseballcrank @AndrewCMcCarthy
True. But my laywer hat almost never comes off
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Actually, in rereading you’re tweet - why is it common sense that this man’s prior from over ten years ago would be relevant to whether or not he was murdered? Genuinely asking. Confused.
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If the defense theory was that he had acted violently, and that was factually contested (hard when there's video), then as a common sense matter (not as matter of FRE), it's more plausible if the man has violent priors.
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