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Derek Chauvin was tried in a Minneapolis courthouse surrounded by barbed wire, concrete block, two armored personnel carriers, and a squad of national guard troops, with hundreds of additional troops stationed throughout Minneapolis, all of which were there for one reason to quell a riot if the jury acquitted him.

Would you want to be tried before a jury bracing for a riot if it acquitted you? No one would and the Bill of Rights Sixth Amendment guarantee to a fair trial should prevent such a spectacle. However, that did not happen in Derek Chauvins case. Chauvin is now seeking to have the Supreme Court find his trial violated the Sixth Amendment and order that Chauvin be re-tried in a community which would not break out into riots if the jury acquitted Chauvin.

On May 25, 2020, George Floyd died while Chauvin and three other Minneapolis police officers attempted to arrest him. Presumably everyone reading this article knows who Derek Chauvin is and what happened on May 25, 2020. As one juror testified, you have to live in cave not to know what happened. However, there are details of what happened that were not widely reported in the media. For instance, the Minneapolis Police Department trained its officers to use the restraint technique Derek Chauvin and the other officers used in restraining Floyd. Below is a photograph of the technique from the Minneapolis police training manual:

Minneapolis Police Training Manual

When Derek Chauvins attorney tried to introduce this photograph into evidence, the state objected arguing there was no evidence Chauvin was trained on this technique and the court sustained the objection. However, whether Chauvin was trained on this technique was irrelevant the issue was whether the technique is an acceptable use of police technique to restrain a suspect and it is.

Virtually the day after Floyds death, the slogan Get off our necks went viral creating the narrative that Chauvin placed his knee on Floyds neck with such force that Chauvins knee choked off Floyds trachea causing Floyd to die of suffocation. That narrative is false and the state admitted it at trial. The states medical expert and Chauvins medical expert agreed: Floyd died of a cardiac arrhythmia his heart was beating so irregularly that he could not get sufficient blood pumping in his body. The states medical expert testified the cardiac arrhythmia was caused by positional asphyxia the weight of Chauvins knee on Floyds back, not neck restricted Floyds chest from expanding sufficiently for Floyd to breathe in enough oxygen. However, whether police officers placing their weight on a suspects back while handcuffed can cause someone to die from positional asphyxia has been refuted by numerous academic studies. A 2017 study ironically co-authored by a University of Minnesota professor concluded that scientific studies have thoroughly debunked this theory.

Individuals die of positional asphyxia when they have 1,000 pounds on their back not Derek Chauvins 145 pounds.

So what else can cause a cardiac arrhythmia? High blood pressure, 75% 90% blockage in coronary arteries, enlarged heart, recent use of fentanyl and methamphetamine, and stress all of which the states medical experts admitted Floyd exhibited when he died.

In order to convict Derek Chauvin, the jury had to believe two expert opinions the state offered: (i) Chauvin used force unreasonable for a police officer in restraining Floyd and (ii) that this unreasonable force was a substantial cause in Floyds death. As set forth above, these expert opinions were heavily contested at trial. Despite this, the jury returned a guilty verdict after deliberating for only a day. This is why the Sixth Amendments guarantee of a trial before an impartial jury is so important.

The Supreme Court has held in numerous cases that excessive pre-trial publicity can violate a defendants right to a fair trial. The courts concern is that the potential jurors exposure to pre-trial publicity and its effects in the community will cause the jurors to conclude the defendant is guilty before the trial even begins. Usually, the trial court will be able to ferret out such bias by questioning the potential jurors prior to trial. However, the Supreme Court has held that in some cases the pre-trial publicity and its effects in the community will be so overwhelming that the court must presume that the jurors will be irrevocably prejudiced against the defendant. If the court finds such a presumption exists, the court must move the case to be tried in a location which has not suffered from the effects of the alleged crime or been exposed to such massive pre-trial publicity. This is what happened with Oklahoma City bomber Timothy McVeigh his trial was moved from Oklahoma City to Denver, Colorado.

It is unquestionable that Floyds death, the riots in Minneapolis, and the state charging Chauvin arguably generated the most pre-trial publicity in American history. Everyone saw the viral video of Chauvin and the other officers using the restraint technique pictured above. Everyone knew of the riots in the Minneapolis metropolitan area which lasted for six days and caused over $500,000,000 in damage the second-worst riots in American history.

Media in the Minneapolis metropolitan area covered Floyds death and Chauvin literally every day from May 25, 2020, through the April 19, 2021, guilty verdict. More importantly, the coverage continued the false get off our neck theme and demonized Derek Chauvin. Thus, all of the potential jurors examined for the Chauvin trial 131 potential jurors said that they had been exposed to this pre-trial publicity. Many potential jurors were removed because the pre-trial publicity caused such jurors to be prejudiced against Chauvin. Ultimately, despite exposure to this pre-trial publicity, the trial court seated 13 jurors to try Chauvin.

The pre-trial publicity made it impossible for Chauvin to get a fair trial in Minneapolis. The Sixth Amendment required the trial be moved out of Minneapolis. However, that is not the principal problem. The principal problem is that the jurors knew that their own and their familys personal safety was at risk if they acquitted Chauvin. Unlike the pre-trial publicity which the jurors read about the incident, the Chauvin jurors experienced the riots because they lived in the rioted communities. The rioters message was clear convict Chauvin or else.

As a result, the potential jurors and seated jurors expressed concerns for their personal security if they acquitted Chauvin. The state knew this threat was not theoretical. The state deployed soldiers not police soldiers to protect the courthouse during the entire trial and deployed soldiers throughout the city prior to the verdict. Moreover, the threats continued after the rioting ended. Prior to trial, protestors assaulted attorneys representing the other officers after a pre-trial hearing.

During the trial, another police incident sparked another set of riots in a Minneapolis suburb, Brooklyn Center, leading to another deployment of soldiers to quell the riots. One of Chauvins jurors certainly experienced this second set of riots when she returned home in the evening from the Chauvin trial because she lived in Brooklyn Center. California Rep. Maxine Waters (D-CA) spoke to the Brooklyn Center rioters telling them to get more confrontational if the jury acquitted Chauvin. One wonders how active rioters would interpret a lawmaker telling them to get more confrontational when they are already rioting.

Despite the fact that the court attempted to maintain the jurors anonymity during trial, one jurors identity was exposed and he requested the court excuse him due to concerns for his safety. The court refused despite telling the juror your concerns [with safety] are perfectly understandable. All of us on this case whose names are out in the public understand the concerns .

The Sixth Amendment prohibits trying a criminal defendant before a jury who has such a personal stake in te outcome of trial if you acquit, your community will be burned and your personal safety may be at risk. While the overwhelming pre-trial publicity justified moving Chauvins trial out of Minneapolis under the Sixth Amendment, the riots and threats of implicit and explicit violence to the jurors and the community they lived in demanded it.

William F. Mohrman is an attorney practicing in Minneapolis. Mr. Mohrman is representing Derek Chauvin on his appeal.

The views expressed in this piece are those of the author and do not necessarily represent those of The Daily Wire.

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Business

Ministers line up bankers to review options for UK steel industry

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Ministers line up bankers to review options for UK steel industry

The government is lining up bankers to conduct a review of options for Britain’s embattled steel industry amid calls for ministers to orchestrate mergers between some of the sector’s biggest players.

Sky News has learnt that Evercore, the independent investment bank which now employs George Osborne, the former chancellor, was expected to be appointed in the coming weeks to oversee a strategic review of the sector.

If its appointment is confirmed, Evercore will report its findings to Peter Kyle, the business secretary, and UK Government Investments (UKGI), the Whitehall agency which manages taxpayers’ interests in a range of companies, including the Post Office and Channel 4.

The talks with Evercore come as the steel industry contends with the impact of President Trump’s tariff war and the prospect of retaliatory measures from the European Union.

The move to recruit bankers for a key review of Britain’s struggling steel sector also comes during a period when the government has significant financial exposure to all of the country’s three largest steel producers.

Last year, ministers agreed to provide £500m in grant funding to Tata Steel, the Indian company, to install an electric arc furnace at its Port Talbot steelworks in Wales.

The new facility is expected to be operational in 2027, but has been bitterly opposed by trade unions infuriated that the new funding was effectively used to drive through thousands of redundancies at the plant.

More on British Steel

In April, the then business secretary, Jonathan Reynolds, moved to seize control of British Steel after its Chinese owner, Jingye Group, threatened to close the UK’s last-remaining blast furnaces at its site in Scunthorpe.

The move sparked a diplomatic row with Beijing, with Jingye considering various legal options in an attempt to secure compensation for its shares in the company.

Last month, ministers disclosed that the cost of taking control of British Steel had risen to £235m, in addition to a £600m bill for preserving its future in 2019 and 2020 when the company fell into insolvency under its previous owner.

The government’s move prevented the immediate loss of more than 3,000 jobs, although there remain questions about the company’s viability as a standalone entity.

Some advisers believe that a combination of British Steel with other industry players, including Sheffield Forgemasters, which is also in government control, will be a necessary step to preserving steelmaking capacity in the UK.

People familiar with the plans said that a newspaper report this month suggesting that bankers were being recruited by the government to sell British Steel was “wrong”.

“The UK government doesn’t own British Steel; it’s hard to sell an asset you do own,” they said.

Nevertheless, it remains conceivable that the government will at some stage be able to determine the future ownership of the industry’s second-largest company, amid recent suggestions that Beijing could be willing to cede Jingye’s claim to the company in return for Sir Keir Starmer’s approval of a controversial new Chinese embassy in Central London.

“We continue to work with Jingye to find a pragmatic, realistic solution for the future of British Steel,” Chris McDonald, the industry minister, said in a statement to parliament this month.

“Our long-term aspiration for the company will require co-investment with the private sector to enable modernisation and decarbonisation, safeguard taxpayers’ money and retain steelmaking in Scunthorpe.”

Britain’s third-largest steelmaker, Speciality Steels UK (SSUK), is also effectively in government hands, having been placed into compulsory liquidation during the summer.

The business was part of Liberty Steel, which is owned by GFG, the metals empire of businessman Sanjeev Gupta.

In August, a judge declared SSUK as “hopelessly insolvent”, with a special manager now overseeing an auction of the business, which employs about 1,500 people.

A spokesperson for the Department for Business and Trade (DBT) said: “This government sees a bright and sustainable future for steelmaking in the UK, and we’ll set out our long-term vision for the sector in our upcoming Steel Strategy.”

Sources said that that strategy was likely to be published either next month or early in the new year.

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Politics

Jeremy Corbyn declines to call Zarah Sultana a friend as Your Party holds first conference

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Jeremy Corbyn declines to call Zarah Sultana a friend as Your Party holds first conference

Jeremy Corbyn has declined to say his Your Party co-founder Zarah Sultana is a friend as supporters of the new grouping gather in Liverpool.

Speaking to Sky News on the eve of the conference, Mr Corbyn acknowledged “stresses and strains” in the set-up of the party but said it had become “a lot better in the last few days and weeks and we’re going to get through this weekend”.

The former Labour leader has publicly clashed with Ms Sultana, the MP for Coventry South, over the launch and structure of the new party.

Asked if they were friends, Mr Corbyn said they were “colleagues in parliament, and we obviously communicate and so on”.

The pair appeared at separate events on the eve of the party’s inaugural gathering.

Ms Sultana had previously claimed she was being “sidelined” by a “sexist boys’ club” within the fledgling party.

Mr Corbyn said her comments were an “unfortunate choice of words” but added that he had been more involved in the organisation of the conference than she had.

The co-founders have had a strained relationship since setting up the party. Pic: Your Party
Image:
The co-founders have had a strained relationship since setting up the party. Pic: Your Party

The Islington North MP also said that Your Party was still waiting for Ms Sultana to transfer all of the funds she had raised from supporters.

“Obviously having money up front for a conference is a big help,” he said.

Ms Sultana has insisted she is transferring the donations in stages.

The weekend gathering in Liverpool will see supporters choose between four options for a permanent party name: Your Party, Our Party, Popular Alliance, For the Many.

The preferred choice of Ms Sultana – The Left – did not make the ballot.

Similarly, the Coventry MP had said she favoured a co-leader approach, but members will only be able to pick between single leadership or collective leadership models.

Speaking at her own pre-conference rally, Ms Sultana blamed a “nameless, faceless bureaucrat” for restricting the choices.

Read more from Sky News:
Reeves accused of deliberately making UK finances look worse
Famous names affected by prostate cancer criticise screening decision

The meeting also risked being disrupted by a series of member expulsions. One of those ejected, Lewis Nielsen, accused a “clique” of trying to “take over”.

Your Party sources said expulsions related to members of the Socialist Workers Party and that holding another national party membership was not allowed.

Ms Sultana blamed a “culture of paranoia at the top” and said she believed the same people who had been briefing against her were now also expelling members.

Mr Corbyn will open the conference on Saturday, while the results of the main decision-making votes will be announced on Sunday.

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World

Indonesia: More than 300 people dead and others missing after floods and landslides

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Indonesia: More than 300 people dead and others missing after floods and landslides

More than 300 people have died and dozens are missing following floods and landslides in Indonesia, which has also been hit by an earthquake.

Monsoon rains over the past week caused rivers to burst their banks in North Sumatra province.

The deluge tore through mountainside villages, swept away people and submerged thousands of houses and buildings, the National Disaster Management Agency said.

As rescue workers continued their efforts on Saturday, the head of the country’s disaster mitigation agency said the number of dead had risen to at least 303 people. Authorities fear the figure will increase.

Flooded buildings in Medan, North Sumatra. Pic: AP/ Binsar Bakkara
Image:
Flooded buildings in Medan, North Sumatra. Pic: AP/ Binsar Bakkara

Other Southeast Asian countries including Thailand, Malaysia and Sri Lanka have also been affected by torrential rain in the last week, with authorities working to rescue stranded citizens, restore power and communications and coordinate recovery efforts.

On Friday, the Thai government said 145 people had been killed by flooding across eight southern provinces, while two deaths have also been confirmed in Malaysia. Sri Lanka, in South Asia, has also seen 46 deaths following a cyclone, authorities said.

Medan, North Sumatra. Pic: AP/ Binsar Bakkara
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Medan, North Sumatra. Pic: AP/ Binsar Bakkara

The extreme weather was driven by tropical cyclone Senyar, which formed in the Strait of Malacca, Indonesia’s Meteorology, Climatology and Geophysical Agency said.

Rescuers in Indonesia have been struggling to reach some areas cut off by damaged roads, and where communications lines have come down.

Relief aircraft have been delivering aid and supplies to the hard-hit district of Central Tapanuli in North Sumatra and other provinces in the region.

Tanah Datar, West Sumatra. Pic: AP/ Ali Nayaka
Image:
Tanah Datar, West Sumatra. Pic: AP/ Ali Nayaka

The agency said West Sumatra’s Agam district had also been affected.

Pictures of the rescue efforts show workers trudging through waist-deep mud and areas filled with tree trunks and debris, searching for any victims potentially trapped.

In Aceh province, flooded roads meant authorities struggled to get tractors and other heavy equipment to hilly hamlets which were hit by mud and rocks in the deluge.

Malalak, West Sumatra. Pic: AP/ Nazar Chaniago
Image:
Malalak, West Sumatra. Pic: AP/ Nazar Chaniago

Hundreds of police officers, soldiers and residents dug through the debris with their bare hands and spades as heavy rain hindered their efforts.

Meanwhile, a magnitude 6.3 earthquake hit Sumatra island near Aceh province on Thursday, the country’s geophysics agency said.

Torrential rain triggered flash flooding and landslides in Sumatra earlier in the week. Videos posted on social media showed water streaming down from rooftops as panicked residents scrambled to safety.

Heavy seasonal rain from about October to March often causes flooding and landslides in Indonesia – an archipelago of more than 17,000 islands including Sumatra – where millions of people live in mountainous areas or near fertile floodplains.

Last week, almost 1,000 people from three villages on Java were forced to flee to shelters after the eruption of Mount Semeru, the island’s highest volcano.

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