Thursday, December 23, 2021

 

Legal Mayhem Thursday: The Potter Trial

 

Though it hasn't drawn the international attention of the trial of Derek Chauvin, Minnesotans have been closely following the manslaughter trial of Kim Potter. She was a police officer in the Minneapolis suburb of Brooklyn Center when she shot and killed Dante Wright. 
 
The circumstances of the killing are important. Potter was training a new officer (just as
Derek Chauvin was at the time he killed George Floyd). They pulled Wright over because his license tab was expired and he had an air freshener hanging from the rear-view mirror. When they ran his ID, they found that Wright had an outstanding warrant for a gun offense and attempted flight. There was a struggle as Wright got back into his car. Wright yelled "Taser taser taser!" but then drew her service weapon and shot Wright, who died. After it was clear what she had done, she seemed genuinely shocked, saying (among other things) "I'm going to prison." Either she made a genuine mistake or she is a remarkable actress.
 
A few weeks ago, I predicted that the defense would have her dress as a suburban mom, cry on the stand, and say "I'm so sorry," and that is exactly what happened. 
 
The jury, as of yesterday, had been deliberating for three days. My hunch is that there is a holdout pro-government juror or two (it is a very hard case for the government). 
 
There is nothing quite like having a jury out deliberating if you are a participant in a high-stakes trial-- and especially if you are the defendant. One hidden truth about trial is this: We don't get to hear the most important speech of all, because it is made by the juror who convinces the others.

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