My fellow humans: apnews.com/...
One of the jurors who convicted Derek Chauvin in the murder of George Floyd on Monday defended his participation in a protest last summer in Washington, D.C., following online speculation about his motives for serving on the jury and whether it might be grounds for appeal. A photo, posted on social media, shows Brandon Mitchell, who is Black, attending the Aug. 28 event to commemorate Martin Luther King Jr.’s “I Have a Dream” speech during the 1963 March on Washington. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who have been shot by police addressed the crowd.
One of the jurors who convicted Derek Chauvin in the murder of George Floyd on Monday defended his participation in a protest last summer in Washington, D.C., following online speculation about his motives for serving on the jury and whether it might be grounds for appeal.
A photo, posted on social media, shows Brandon Mitchell, who is Black, attending the Aug. 28 event to commemorate Martin Luther King Jr.’s “I Have a Dream” speech during the 1963 March on Washington. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who have been shot by police addressed the crowd.
Mitchell is black. He likes Dr. King. He prefers not to be killed by law enforcement. Did I mention Mitchell is black? He is black. The AP said so. But this in no way presupposes his blackness makes him biased. Not at all. But be real, it’s not like white people go to Black Lives Matter rallies, so it is fair to “question” his impartiality right?
It is believed that in voir dire Mr. Mitchell was completely honest and transparent about his participation. He answered “no” to two questions:
1. “Did you, or someone close to you, participate in any of the demonstrations or marches against police brutality that took place in Minneapolis after George Floyd’s death?”
2. “Other than what you have already described above, have you, or anyone close to you, participated in protests about police use of force or police brutality?”
This was specifically set up to be a rally to celebrate Dr. King. It is not surprising that at a rally for Dr. King the subject of police brutality would come up, but the AP’s approach is shocking here. Somehow, they found a lawyer to say Chauvin may not have received a fair trial, and seemed to, in my opinion, present a juror on the defensive.
All of this points to a double standard of behavior here. Courts have held over and over again than without bias does not presuppose without knowledge.
Such a procedure would be consistent with the constitutional standard set by the Supreme Court in Mu'Min v. Virginia, a 1991 case involving a Virginia inmate who murdered a store owner during a prison furlough. In Mu'Min, eight of the 12 jurors who heard the case admitted to reading or hearing media reports about the case. Dawud Majid Mu'Min argued that these admissions meant that his right to trial by an impartial jury had been violated, even though each of the seated jurors had said that he or she could make a fair determination of Mu'Min's guilt or innocence despite the pretrial publicity. In rejecting Mu'Min's appeal of his conviction, the Supreme Court reaffirmed that the purpose of the jury selection process is to find impartial, not ignorant, jurors.
Realistically juror impartiality is a standard complaint in many defense appeals. Especially in today’s age, with the ready availability of social media and photos of almost everyone publically accessible, if a court were to apply a standard the AP even implies is possible in this case, it would make juror selection, and thus the trial process nearly impossible.
So what is really going on here? We have a black man forced to defend his choice of political expression. We are being served the “open question” of whether or not said black man could have expressed his admiration for Dr. King without later developing a bias against a defendant.
I can’t emphasize this enough: By all accounts I have read he answered the voir dire truthfully according to the specifics of the title of the rally.
This sort of post trial quarterbacking is exactly why everyday citizens, myself included, do not relish the idea of jury duty. And the so called mainstream press has become in many cases nothing but a megaphone for ever more extremist propaganda.
Here is a satirical, hopefully, example of what I am talking about.
Facts as presented. 1. 999,999 social psychologists agree black Americans are fully genetically human. 2. 1 social psychologist has questions.
Media headline: Experts Not Unanimous That African Americans Are Fully Human.
Or, and I love this rancid gem from just yesterday: “Breakthrough Infections Reported Among Vaccinated.”
Yes. 200,000,000 vaccines distributed. 5800 infections. 74 deaths. A more appropriate headline is “Covid-19 Vaccine Efficacy Sets Record In Vaccine History.” For those of you keeping count, that is 1 in 34,483 cases getting demonstrably sick. That isn’t just effective. That is a miracle. The death rate? 1 in 2,702,703. Getting my mail is more statistically dangerous.
It sometimes seems media is not so much reporting news as keeping the pot stirred. I am beginning to question if they actually prefer chaos, a nation embroiled in riots and strife in order to procure clicks and ratings.
When I think of the numerous all white juries condemning black defendants to death throughout history, this story makes me want to chew through a drill bit.
Also, read this about Gary Graham, and how this trial was conducted, the flimsy threadbare evidence that condemned him to the death penalty, and how much differently the law has historically been applied. capitalpunishmentincontext.org/… That case was prominent during my childhood and still sticks with me.
But getting back to Brandon Mitchell. That the AP would spill ink on what is clearly a common defense tactic allows for deflection and continued cognitive dissonance among those who claim to be of the law and justice, who have long since abandoned any pretense of caring about either, and could not describe the difference if called upon.
A key phrase in the opening paragraph is this “following online speculation about his motives for serving on the jury.” How does that do anything other than give credibility to the whispers? Not to mention that to my knowledge, the state of Minnesota does not advertise juror spots like a Craigslist gig, I do believe they are randomly chosen to select. Just that one phrase makes it sound like he treated the case as if it were The Voice and he were auditioning.
Which redneck wingnuts probably already believe, because their echo chamber told them, because it fits in with their world view of their superiority in every instance. The AP giving voice to online speculation offends me. The idea that a black juror has to defend their right to have a political opinion nauseates me. That many of my white neighbors would raise funds to fix the damage to Chauvin’s knee caused by the “assault” of George Floyd’s neck infuriates me.
And then there is this: That the press would invite the debate on the idea that somehow it was Chauvin treated unfairly is eliciting an emotion I can’t describe. I don’t know what it is doing to me.
But it isn’t good.
-ROC
Hey Friends! As you know I have done what I could to help my friend Bobby. Sadly my own situation has become very concerning. The truth is, pretty much all my energy allows for anymore is writing. I can’t drive much, can barely stay awake, and have to go back for more tests and procedures. But until I am returned to health, earning potential is very limited. Aside from helping new friends, I also help support my disabled Mom (not currently approved for disability payments) and autistic brother, who is an awesome kid but can’t quite hold down a job without more help from therapy, which also costs, which I also pay for through their deductibles and Obamacare. I will be doing a newsletter soon as I can figure out the technical aspects so I am trying to use what energy and talents I have left to earn.
I am asking for your help. I don’t want to do that, but my health has pinned me down. My full story is here: www.gofundme.com/…
Anything is appreciated and will be paid forward.
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