Trial? Error?

 Have you been watching any of the TV coverage of the trial of Derek Chauvin for the murder of George Floyd? I can't say I've been glued to it, but when I sit down to lunch I turn it on and I sometimes catch another 30 to 60 minutes toward the end of my day.

It's fascinating watching the prosecution build its case, particularly as they clearly work to forestall predictable defense tactics. For example, yesterday as the Minneapolis police chief took the stand, the prosecutor took him through a somewhat tedious recitation of his entire curriculum vitae--where he grew up, where he went to school (including high school), what positions he has held in the department, etc. Usually in those cases, a witness's resume will be submitted to the court and stipulated to by both parties....but it seemed that the prosecution wanted to leave no holes for the defense to drive a case through. They wanted it clear that the chief knew every inch of the training, policy, and methods of the police department.

The defense is equally interesting. The strategy seems to be to suggest that department training, policy and practice gives an officer great leeway to operate "in the moment," to make decisions of how to handle a situation and a suspect in terms of the circumstances at that moment....and that Chauvin therefore was acting appropriately. While the chief--and other police higher-ups who have testified--acknowledged that an office must be allowed to act in a manner consistent with the immediate situation, they all insisted that in no way did that permit Chauvin to restrain Floyd in the way he did once it was clear that Floyd could no longer resist and, indeed, had stopped resisting. The chief put it this way (paraphrasing): Once a person is handcuffed behind his back and placed in a prone position, there is no cause for further restraint.

Does violation of that policy and practice make Chauvin's actions murder? I am not entirely read up on the Minnesota statutes, but when you combine it with Chauvin's and his fellow officers' callous disregard for Floyd's physical condition--no attempts to check his pulse or breathing, despite calls to do so from a trained EMT bystander--and it starts to look that way.