On this episode of the podcast, Devin talks about the Shterek Chauvin trial, and why he thinks cops are racist and corrupt. He also talks about a woman who lost her baby in a car crash, and how cops should be fired.
Transcript
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00:02:23.000It's really just one gang talking shit about their enemies because their enemies keep busting them and throwing them in jail for doing crimes.
00:03:30.000And it might be the shitty H ⁇ M shirt I once bought as an emergency.
00:03:33.000I'm wearing a blue shirt with a gray jacket because the defense is wearing that in the trial.
00:03:40.000But the reason I bring that up is because I was a stupid 20-year-old who had to learn using my own curiosity that cops are not how they're portrayed.
00:03:48.000If I hadn't done that, I would still believe the stupid rapper version of events where they just rape and kill babies and kill babies.
00:03:59.000And that's where I think an alarming number of people are.
00:06:57.000I hate incompetence in the justice system.
00:07:00.000Obviously, we all hate that innocent men are thrown in prison.
00:07:04.000But when there's technical difficulties, or this drives me nuts, when you look at a courtroom and there's wires going from the speakers and they're like hanging right by where the judge is, like drooping, this is where someone finds out if they're going to die in the electric chair or get one month or get 50 years.
00:07:21.000Can you have a modicum of decorum, please?
00:07:24.000It should look a lot fancier than an opera house.
00:07:27.000It's a lot more important than watching a bunch of Russians with broken toes prance around.
00:11:42.000For example, if in opening you were to say Mr. Chauvin should have made this evaluation, that's argument.
00:11:50.000But to say this is the policy, this is what every officer on the scene should do, that I think is objective and it is, and then you can talk about the behaviors on the scene.
00:12:36.000We are going to try and stick as much as we can to the 9 to 9.30 is going to be to argue any legal issues that come up because invariably legal issues come up.
00:12:48.000I don't want to move up too much the jury start time because.
00:13:48.000Does that give you any idea on how long this trial could go?
00:13:51.000I know we've talked about four weeks or perhaps even longer.
00:13:54.000It sounds like, well, the 5 o'clock time every day.
00:14:01.000What he was saying is that when you have a witness who's in the box testifying, you don't want to bring them back to the best way if you can keep on going and getting them done.
00:14:11.000And so all that he was saying is, we'll try to end at 4.30, but if I have a witness who's in the middle of testimony, boring.
00:17:30.000Not only that, I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held so long as I am true to the ethics of police service.
00:19:08.000You will learn what happened in that nine minutes and 29 seconds.
00:19:12.000The most important numbers you were here in this trial at 929.
00:19:16.000What happened in those nine minutes and 29 seconds when Mr. Derek Chavin was applying this excessive force to the body of Mr. George Floyd?
00:19:27.000We have two objectives in this trial, ladies and gentlemen.
00:19:30.000The first objective is to give Mr. Chavin a fair trial.
00:19:35.000Mr. Chavin has a presumption of innocence.
00:19:39.000He is presumed to be wrong until proven.
00:20:34.000Is there an arrest where someone isn't yelling that?
00:20:37.000You will see that as Mr. Floyd is handcuffed there on the ground, he is verbalizing 27 times, you will hear, in the four minutes and 45 seconds, I can't breathe.
00:20:50.000You will see that Mr. Mr. Floyd's neck and back.
00:20:54.000He has one knee on his neck, and the knee on his back is intermittently off and on on his back, as you will be able to see for yourself in the video footage.
00:21:04.000You will hear Mr. Floyd as he's cried out.
00:21:07.000You hear him at some point cry out for his mother when he's being squeezed there.
00:22:21.000Actually, now this isn't good because the autopsy is going to show the fentanyl.
00:22:26.000Now you just put it on the drugs and off of.
00:22:29.000By the way, are cops supposed to apprehend you, make sure you're down, and then also monitor your drug overdose?
00:22:35.000Well, that's the thing, is if he was honest and didn't swallow and try to hide his drugs, if he was like, I'm overdosing, I feel like that would have gone different.
00:22:42.000But no, but a cop's job is to detain, to get the perp, to get him in the car.
00:22:50.000It's not his job to stop the bleeding.
00:22:54.000Like, say the guy was bleeding to death.
00:22:57.000I don't know the answer to this, but say he cut himself with his own knife, and then they got the knife, and there's blood pouring out of his femoral artery.
00:23:05.000Is it the cop's job to apply pressure to that gaping wound?
00:25:20.000Even after the ambulance arrives on the scene, the ambulance is there, and you'll be able to see for yourself what Mr. Chavin is doing when the ambulance is there.
00:26:58.000You're going to hear and see that there were any number of bystanders who were there who were also calling out to let up and get up such that Mr. Floyd would be able to breathe and to maintain and to sustain his life.
00:27:51.000You learned that Minneapolis Police Department employees shall only use the amount of force that is objectively reasonable in light of the facts and circumstances.
00:28:00.000The force used shall be consistent with current Minneapolis Police Department treatment.
00:28:06.000I think the best thing this guy has so far is the 27 I Can't Breathe.
00:28:11.000Now I think that was from Fentanil, but as far as convincing the jury goes, that's good.
00:30:40.000It's something you're supposed to do to provide care for that person.
00:30:43.000You are going to hear from any number of police officers who will talk about this duty to provide care.
00:30:50.000Officer Nicole McKenzie, who is the Minneapolis Police Department Medical Support Coordinator.
00:30:57.000You'll hear from Sergeant Kare Yang, the MPD Crisis Intervention Coordinator, in your custody, is in your care.
00:31:06.000You're going to learn that when Mr. Floyd was unconscious, that when he was breathless, when he did not have a pulse, that there was a duty to have...
00:32:09.000But you're also going to see that he stopped anybody else from being able to help him.
00:32:14.000You will learn that amongst the bystanders was a first responder, a member of the Minneapolis Fire Department, who was trained in administering first aid and emergency care.
00:32:27.000She's going to come and talk with you.
00:32:53.000Because now that's your line of money.
00:32:54.000No, your best shit is the 27 I can't breathe and the captain saying it was excessive.
00:33:00.000To intercede on George Floyd's behalf and you'll be able to see for yourself when she approached Mr. Chavin on top of George Floyd with both of his knees, reached for his mace in his belt and pointed in her direction.
00:34:31.000Work for me, put your life on the line, risk dying, and the second you're in trouble, not only will I not have your back, but I'll go to your trial and physically throw you under the bus in front of everyone.
00:34:44.000So the Minneapolis Police Department policy was not reflective of the Minneapolis Police Department.
00:36:05.000You will learn from witnesses we will call that the police officers could have written him a ticket and let the court sort it out.
00:36:14.000You will learn that even if he did it on purpose, it was a minor offense, a miscommeanor.
00:36:21.000Yeah, so he shouldn't have started acting like a lunatic and resisting arrest.
00:36:26.000So in terms of the charges that we are bringing, we're going to prove to you that Mr. Chavin's conduct was a substantial cause of Mr. Floyd's death.
00:36:37.000We've charged him with murder in the second degree, murder in the third degree, and manslaughter for using excessive force against George Floyd.
00:36:48.000You will learn that the use of excessive and unreasonable force against the citizen is an assault.
00:36:53.000In this case, we will show you that this was an assault that contributed to taking his life.
00:36:58.000So are they just hedging their bets by going third degree, second degree, manslaughter?
00:37:09.000We're going to show you that putting knees on somebody's neck, Mr. Floyd's, putting a knee on his back for nine minutes and 29 seconds was an imminently dangerous activity.
00:37:21.000And he did it without regard to what impact it had on Mr. Floyd's life.
00:44:49.000At the end of this case, we're going to spend a lot of time talking about doubt.
00:44:54.000But for purposes of my remarks this morning, I want to talk about reason and common sense and how that applies to the evidence that you're about to see during the course of this trial.
00:45:07.000Reason is an idea that wholly permeates our law, our legal system, and it forms the foundation.
00:45:14.000And you will see and hear that repeatedly throughout the course of this trial.
00:45:19.000What would a reasonable police officer do?
00:45:48.000Common sense tells you that there are always two sides to a story.
00:45:52.000Common sense tells us that we need to examine the totality of the circumstances to determine the meaning of evidence and how it can be applied to the questions of reasonableness, of actions, and reactions.
00:46:06.000In other words, common sense is the application of sound judgment based upon a reasoned analysis.
00:46:14.000And that's what this case is ultimately about.
00:47:30.000They're too busy trying to find out if Rufio Pan Man had a fucking Chinese radio.
00:47:36.000Have engaged in an extensive and far-reaching investigation.
00:47:42.000They have interviewed over 50 members of the Minneapolis Police Department, including the officers who responded to the scene after Mr. Floyd was brought to the hospital.
00:47:54.000They interviewed members of the Minneapolis Police Department command staff.
00:47:59.000They interviewed officers who oversee training and policy making decisions within the Minneapolis Police Department.
00:48:07.000They have interviewed nearly 200 civilian witnesses who formed the opinion that Mr. Floyd was under the influence of something.
00:48:20.000Rod 320 and Hennepin County Medical Center.
00:48:25.000So let's start at the first Cup Foods.
00:48:29.000You will learn that on May 5th, excuse me, May 25th, 2020, shortly after 7 o'clock p.m., Mr. Floyd and his friend Maurice Hall entered the Cup Foods located at 38th in Chicago.
00:48:41.000While they were there, they ran into their other friend or Mr. Floyd's ex-girlfriend, Shawanda Hill, and he offered her a ride.
00:48:50.000You will hear from Chris Martin, who is the store clerk at Cup Foods.
00:49:01.000He interacted with Mr. Floyd in this moment, and Mr. Martin formed the opinion that Mr. Floyd was under the influence of something.
00:49:11.000You will see the actual video from inside Cup Foods.
00:49:16.000Mr. Floyd did use a counterfeit $20 bill to purchase a pack of cigarettes.
00:49:21.000Mr. Martin realized this and first, along with another one of his co-workers named Nabil Walter, went outside to the car where Mr. Floyd, Mr. Hall, and Miss Hill were sitting.
00:49:35.000Mr. Martin asked Mr. Floyd to come in and either buy the cigarettes, exchange, or return the cigarettes.
00:49:42.000And you will hear from Mr. Martin that Mr. Hall and Mr. Floyd refused.
00:49:48.000Now again, this goes back to this whole concept.
00:49:50.000And we recorded the second half of this video first, so there may be some strange overlap here, because the first half was live, and then this is pre-recorded.
00:50:00.000But no one is saying that if you're a career criminal, you deserve to die.
00:50:04.000But you're playing Russian roulette when you're constantly dealing with people, ripping off people, having the cops called on you, doing petty crimes.
00:50:13.000You're constantly spinning the barrel.
00:50:15.000So we shouldn't be surprised if one of the times it goes off.
00:50:21.000You will hear that a short time later, Mr. Martin went back to the car a second time.
00:50:28.000He went back to ask them again, please come inside, give us the money, or return the cigarettes.
00:50:35.000And that second time, again, Mr. Floyd refused.
00:50:40.000So, at 8.01 p.m., a second clerk from the Cup Foods named Omar Kamara called 911 to report Mr. Floyd.
00:50:51.000During that call, Mr. Kamara, you will hear, described Mr. Floyd as drunk and that he could not control himself.
00:51:15.000They were driving Minneapolis squad car 320 and they faced parking southbound in the northbound lane of Chicago Avenue and were directed by store employees immediately to the second location, the Mercedes-Benz.
00:51:30.000During this trial, you will hear evidence of what happened in the Mercedes-Benz in the 20 to 30 minutes prior to the police.
00:51:38.000By the way, I talk about how these myths put everyone in danger, including blacks, because they're brainwashed into thinking cops are hunting them for sport.
00:52:18.000You will hear from Mr. Floyd's friends, Shawanda Hill and Maurice Hall.
00:52:26.000This will include evidence that while they were in the car, Mr. Floyd consumed what were thought to be two Percocet pills.
00:52:35.000Mr. Floyd's friends will explain that Mr. Floyd fell asleep in the car and that they couldn't wake him up, that they kept trying to wake him up to get going, that they thought the police might be coming because now the store was coming out, and they kept trying to wake him up.
00:52:50.000And in fact, one of these friends called her daughter, Miss Hill, Shawanda Hill, called her daughter, Shakira Prince, to come and pick her up because they couldn't keep Mr. Floyd awake.
00:53:04.000At 8.09 p.m., officers Lane and King approached the vehicle and Officer Lane approached the driver's side of the vehicle and Officer King approached the passenger side.
00:53:16.000During the course of this trial, you will see and hear the body-worn cameras of these officers that fully capture the entire interaction with Mr. Floyd and his friends.
00:53:29.000You will see Officer Lane draw his service weapon after Mr. Floyd failed several times to respond to his commands to show him his hands.
00:53:41.000You will learn that that is an acceptable police practice.
00:53:47.000You will see the officers struggle with Mr. Floyd to get him out of the Mercedes-Benz and handcuffed.
00:53:55.000And you will see and hear everything that these officers and Mr. Floyd say to each other.
00:54:02.000The evidence will show that when confronted by police, Mr. Floyd put drugs in his mouth in an effort to conceal them from the police.
00:54:15.000At approximately 8.10 p.m., Officer Peter Chang of the Minneapolis Park Police responds.
00:54:22.000He responds to the scene to assist Officers King and Lane, and he helps in detaining the passengers.
00:54:30.000You will see Officer Chang's body-worn camera, and you will hear his interactions.
00:54:36.000This becomes important as we learn about police practices, because what you will learn is that when an officer responds to what is sometimes a routine and minimal event, it often evolves into a greater and more serious event.
00:55:02.000They're not the counterfeit 20 police.
00:55:04.000This was all about the way the situation escalated.
00:55:07.000Which, by the way, I blame the media for in many ways.
00:55:09.000Because if you're telling everyone that cops are racist and they're going to destroy you no matter what, you start resisting because you don't want to die.
00:55:16.000If they had just been normal, paid for the cigarettes, this never would have happened.
00:55:20.000And when the cops showed up, if they went, look, officer, I understand, put your hands behind your back, everyone would be alive.
00:55:27.000Or at least, sorry, George Floyd would be alive, specifically.
00:55:31.000Local business called the Dragon Walk that captured the actions and reactions of everyone present at that location, including evidence of further concealment of controlled substances.
00:55:47.000During the course of the investigation, two search warrants were executed on the Mercedes-Benz.
00:55:52.000The first on May 27th of 2020, the second several months later, on December 9th of 2020.
00:56:02.000BCA agents located various pieces of evidence during both of these searches, including two pills that later analysis by the BCA revealed to be a mixture of methamphetamine and fentanyl.
00:56:16.000This is what's called a speedball, a mixture of an opiate and a stimulant.
00:56:22.000You will learn that this is the first time.
00:56:23.000These killed John Belushi and what's his name?
00:58:13.000Officer King and Lane escorted Mr. Floyd to the third location, Minneapolis Squad 320.
00:58:22.000The evidence will show that as Officers King and Lane escorted Mr. Floyd to their squad car, a citizen by the name of Charles McMillian walked alongside them.
00:58:42.000The evidence will show that Mr. Floyd and the officers began to struggle as they attempted to get him in the squad car.
00:58:51.000And you will learn that officers Derek Chauvin and his partner Tu Tao arrived to assist officers King and Lane at 8.16 and 48 seconds, almost 8.17.
00:59:04.000Upon their arrival, the first thing that Officer Chauvin sees is Officers King and Lane struggling with Mr. Floyd.
00:59:14.000Mr. Chauvin asked the officers, is he under arrest?
00:59:19.000And then Officer Chauvin began to assist them in their efforts to get him into the squad car.
00:59:26.000Haven't we seen this a million kajillion times where there's two officers or such and then they call in and then the guy comes there and just cuts the shit and just like either like detains the dude or like uses the force necessary.
00:59:38.000Yeah, or they were rookies so they probably didn't know what they were doing.
00:59:41.000And then he comes in and goes, look, when they're this big and they're resisting arrests, you got to do this.
00:59:48.000And it's just like it keeps going on and on and then the guy cop gets there and then just the Asian guy and the other guy were reticent to apply force because they were scared of, I don't know, it becoming a giant media shit show if they do something wrong.
01:00:29.000You will learn that because of this intersection at 38th and Chicago is considered a high crime area, the city installs what's called the milestone video system.
01:00:40.000It's a camera that sits high atop a pole and can surveil the entire intersection.
01:00:47.000When you see these videos pulled back from afar, you will be able to see the Minneapolis police squad car rocking back and forth, rocking back and forth during this struggle.
01:00:59.000So much so that it catches the attention of the 911 dispatcher Jenna Scurry.
01:01:10.000As the struggle continues, you will see and hear both what Mr. Floyd was saying to the officers and the officers' responses to him.
01:01:20.000Mr. Floyd does end up on the street and appeared to continue to struggle to these officers, so much so that they considered applying what's called the maximal restraint technique.
01:01:32.000It used to be called the hobble or the hog tie.
01:01:37.000What would happen with his right knee to pin Mr. Floyd's left arm to the ground?
01:01:43.000Officer King was placed below Mr. Floyd's buttocks and Officer Lane was at the feet.
01:01:51.000And you will see and hear them continue to struggle with Mr. Floyd as he's attempting to kick.
01:01:59.000You will see and hear that a crowd begins to develop watching and recording officers.
01:02:16.000But you started that by putting all those drugs in your mouth.
01:02:19.000Between the officers behind the squad car, the crowd is not aware of what they are saying and doing.
01:02:28.000You will learn that several bystanders, including Donald Williams and Genevieve Hansen, they grew more and more and more upset with these officers.
01:03:57.000You will learn about things such as the authorized use of force, proportionality of force, excited delirium, defensive tactics, including prone handcuffing on the neck is in the Minneapolis police handbook.
01:04:14.000You will learn about rapidly evolving situations and the Minneapolis Police Department's decision-making model.
01:04:22.000You will learn about crowd control, medical intervention.
01:04:25.000Boy, we've got a lot of learning to do.
01:04:33.000That is, what happens to a police officer or any person when they are involved in a high-stress use of force situation.
01:04:43.000And you will learn that Derek Chauvin did exactly what he had been trained to do over the course of his 19-year career.
01:04:51.000The use of force is not attractive, but it is a necessary component of policing.
01:04:58.000Ray will have to get a notice to put it in.
01:05:00.000The evidence will again demonstrate that the Minnesota Bureau of Criminal Apprehension conducted two searches of squad 320.
01:05:08.000You will learn that in the second search of squad 320, agents recovered several pieces of partially dissolved pills.
01:05:16.000You will learn that these pills were again analyzed, were again shown to be consistent or similar to the pills found on the Mercedes-Benz, and that they contained methamphetamine and traces of fentanyl.
01:06:36.000Well, with Roger Stone's trial, when the prosecution got up and said everything bad Roger did, I felt like going, let's just accept that as a fact and give him like a $3,000 fine and probation.
01:06:49.000Just 19 minutes after King and officers King and Lane arrived, within six minutes of it being called to Code III, and they did what they refer to as a loading bill because of the crowd.
01:07:03.000They came, they picked up Mr. Rather than attempting to resuscitate him or treat him on the scene, they loaded him into the ambulance and they drove to a location several blocks away to begin their resuscitative efforts.
01:07:20.000Because that implies the crowd killed him.
01:07:22.000If the EMTs could have worked on the scene, they might have been able to save him, but they couldn't because everyone was screaming like a fucking bunch of idiots.
01:09:28.000And the state was not satisfied with Dr. Baker's work.
01:09:34.000And so they have contracted with numerous physicians.
01:09:37.000You know who's really on trial right now is white America and the police in general.
01:09:42.000You never see this no matter what the case was.
01:09:44.000If fucking the cops used a white man's head, if black cops used a white man's head as a soccer ball.
01:09:50.000This would not be the number one trending thing on Twitter.
01:09:52.000Cardiac arrhythmia that occurred as a result of hypertension, his coronary disease, the ingestion of methamphetamine and fentanyl, and the adrenaline throwing flowing through his body, all of which acted to further compromise an already compromised heart.
01:10:13.000At the conclusion of this evidence, you will be instructed as to the law, the elements of the offense, and the court will give you detailed instructions on what you must find to convict Mr. Chaubin of these charges.
01:10:25.000But when you review the actual evidence and when you hear the law and apply reason and common sense, there will only be one just verdict.
01:10:35.000And that is to find Mr. Chaubin not guilty.
01:11:24.000Al Sharpton and his attorneys, the family.
01:11:29.000And I was like, that's got to be hard.
01:11:31.000I bet they're all, I mean, I don't want to say it, but I bet they're all wishing they had a black man's neck under their knee because it is a toll.
01:18:45.000No one's saying he deserved to die because he stole some cigars.
01:18:48.000What we're saying is he had been on a crime rampage that night, that day, had robbed a bodega, and therefore the concept of him grabbing the gun, of which there's plenty of evidence, makes more sense.
01:19:03.000So George Floyd's shitbagness is relevant here.
01:19:07.000But in a court of law, you can strip all that, and they are stripping all that.
01:19:11.000And they're just going with the facts.
01:19:13.000See, the reason I bring up the shitbagness is because you're doing the opposite.
01:19:16.000I mean, you literally Photoshop wings on him.
01:19:19.000Breonna Taylor is on the front page of Oprah.
01:24:13.000You get so relaxed that your lungs forget to breathe.
01:24:19.000So I think he murdered himself with asphyxiation, which is why when you peel back the layers of the onion and the layers of the skin, you don't find bruising there.
01:24:29.000You know these guys Are all totally out of shape.
01:24:33.000Okay, now I feel like someone is pushing an axe head into my knee.
01:24:43.000Plastic, what difference does that make?
01:35:46.000We'll have our channel 7 that is closely located to our dispatch group, which is approximately four people that are giving out all the calls to the officers.
01:35:59.000So you say the fire dispatchers are somewhere different.
01:38:18.000To be completely comfortable with the pressure.
01:38:19.000Dispatch some strippers, some fentanyl, and a rap song.
01:38:25.000And as part of your training for that job, did you have to learn about how the City of Minneapolis Police Department divides up the city for coverage?
01:38:35.000That's all geography for us based off of the precincts.
01:38:38.000I've never craved a mustache more in my life.
01:38:44.000And can you describe for the jurors that...
01:38:46.000Can you cut off a lock of your hair and pass me that glue stick?
01:38:50.000Can you describe to the jurors how gorilla glue works and why you're reluctant to cut off a lock and how much it would benefit the entire trial?
01:38:58.000There are different precincts in Minneapolis, one through five.