Discussion in 'Trials' started by Tippy Lynn, Apr 11, 2021.
They're taking no prisoners, I am pleased to see.
Reserving her right to also raise additional defenses pending further
review of the voluminous discovery, Officer Potter asserts the following may be offered at trial:
Filed in District Court State of Minnesota 10/13/2021 4:31 PM
A) Innocent Accident.
B) Innocent Mistake.
C) Her perceived use of a Taser was reasonable.
D) Lack of causation.
We request disclosure of the decedent’s family’s interest in pursuing a
civil action after the conclusion of this case, including the fee agreement…
Remorse dripping out of this in bucketloads-not!
Ex-cop who killed Daunte Wright lays out possible defense
Thu, October 14, 2021, 2:29 PM
Attorneys for former Brooklyn Center Officer Kim Potter said in documents made public Thursday that they might argue that the death of Wright, a Black motorist, was an innocent accident or an innocent mistake.
Kim Potter and Daunte Wright
They also might argue that Potter's “perceived use of a Taser was reasonable” and that there is a lack of causation, meaning Wright is also partly to blame for his own death.
She was initially charged with second-degree manslaughter, but prosecutors added a count of first-degree manslaughter last month.
The defense has asked for the new charge to be dismissed.
The first-degree manslaughter count alleges Potter recklessly handled a firearm and endangered Wright’s safety when death or great bodily harm was reasonably foreseeable.
Engh wrote that when Potter shouted, “Taser! Taser! Taser!” it was evident she thought she was using her taser, not her gun. Engh said Potter didn’t know she was about to create a risk of harm to Wright and couldn’t have been aware of the risk and then ignore it.
“What the jury will see and hear about instead is an accident,” Engh wrote. “And a police officer’s accidental shot is not a crime.”
Engh said that if Potter intended to use her Taser, then she did not intend to shoot Wright, and the facts don't fit either charge against her.
“The State can’t prove any offense by playing the video, which shows an accident,” Engh wrote. “The prosecution can’t win on Officer Potter’s shouts of ‘Taser, Taser, Taser,’ words meaning she was going to use her TASER, so as to not harm Mr. Wright. Nor for reasons of her enormous after-the-fact regret of what could not have been a conscious act.”
Daunte Wright was 'afraid police would do something like this'
A memorial for Daunte Wright with flowers and dandelions on May 2, 2021, in Brooklyn Center, Minnesota.
A person lights a candle during a vigil on April 12, 2021, following the fatal police shooting of Daunte Wright in Minnesota.
Kim Potter's attorneys detail defense strategy for trial in Daunte Wright shooting death
PUBLISHED: 08:57 EDT, 28 October 2021
Judge won't toss first degree manslaughter charge for cop Kim Potter who shot Daunte Wright dead | Daily Mail Online
A Minnesota judge dismissed a request to drop first-degree manslaughter charges against Kim Potter, who mistakenly shot dead Daunte Wright in April
Judge Regina Chu noted Wednesday that the state will have a higher burden of proving the crime beyond a reasonable doubt in light of the stiffer charges
For a conviction on the first-degree charge, prosecutors would need to convince a jury that Potter was aware of the risk of killing Wright
First-degree manslaughter carries a maximum sentence of 15 years while second-degree manslaughter carries a maximum penalty of 10 years
Potter, who is white, was initially charged with second-degree manslaughter, which requires a finding that she acted with 'culpable negligence' in Wright's death. Culpable Negligence (Legal Definition: All You Need To Know)
Potter claimed she meant to tase Wright and can be heard in body cam footage yelling about a Taser. A Taser is black and yellow in design compared to a gun, which is all black
The judge's ruling noted that Potter had drawn the Glock from the right side of her belt when her Taser was on the left side. Chu said Potter had "disregarded" her training and experience.
Media make fresh plea for access to ex-cop Potter's trial
Scheduled to begin November 30th!
In a reversal, judge WILL ALLOW cameras, broadcast & live stream of upcoming Kimberly Potter trial in shooting death of #DaunteWright. Just like we saw in #DerekChauvin murder trial. Potter trial set to begin November 30th
Judge changes course, allows video coverage of Potter trial
Hennepin County Special Juror Questionnaire
Thanks, that's interesting. I've not see a questionnaire before.
Jurors in Potter trial will be asked about experience with policing, demonstrations, BLM
According to the questionnaire, jury selection is scheduled from Nov. 30 to Dec. 7. The trial is then slated to begin on Dec. 8 and will last for approximately two weeks.
For cop who shot Daunte Wright, will 'wrong gun' plea work?
Joe Friedberg, a local defense attorney who isn't connected to the case, said Wright’s attempt to drive off when Officer Johnson was partly inside the car would have been sufficient grounds for Potter to shoot and kill him intentionally — and that is enough to acquit, he said.
Mike Brandt, another local defense attorney not connected with the case, saw it differently. He said it’s clear Potter mishandled a firearm — an element of the first-degree manslaughter charge — though the jury might struggle with whether she did so recklessly. The “culpable negligence,” or taking an unreasonable risk, is easier to prove, making second-degree manslaughter more likely, Brandt said.
In one of the best-known cases of grabbing a gun instead of a Taser, a transit officer in Oakland, California, killed 22-year-old Oscar Grant in 2009. Johannes Mehserle was sentenced to two years in prison for involuntary manslaughter.
Oakland civil rights attorney John Burris, who won a $2.8 million settlement for Grant's family, said Taser mix-ups have dwindled since police across the country stepped up stun-gun training after Grant's death.
The trial timeline for Potter sets aside at least six days for jury selection, with opening statements no sooner than Dec. 8.
Kim Potter's attorney says the former Minnesota police officer will testify at her manslaughter trial
Kim Potter sits at the defense table, center, as Hennepin County Judge Regina Chu presides over jury selection Tuesday, Nov. 30, 2021, in the trial of Potter.
Jury selection began on Tuesday in Potter's trial with the prosecution and defense attorneys asking potential jurors various questions about their opinions about police and the Black Lives Matter movement.
One potential juror said their initial reaction when they heard about Wright's killing was, "How can this happen?"
Potter's attorney, Paul Engh, told the potential juror that he would "clarify some of those things" and that Potter will testify during the trial.
"Officer Potter will testify and she will tell you what she remembers happened," Engh told the potential juror. "So, you will know not just from the video, but from the officers at the scene, and officer Potter herself, what was occurring. I think that you'd be quite interested in hearing what she has to say."
The potential juror, a retired special education teacher who also taught English to immigrants, was approved by both the prosecution and the defense and was seated on the jury.
Kim Potter trial: 9 jurors seated after 2nd day of jury selection
A prospective juror in the trial of former officer Kimberly Potter was excused after describing that victim Daunte Wright looked a lot like his students, and he didn't know if he could set that aside. “I'm just trying to be honest and protect the integrity of the trial,” he said.
Jurors 2, 6, 7, 11, 17, 19, 21, 22, 26, 40, 48, 55, 57, and 58 (7 males and 7 females) have been chosen.
The Trial will start Wednesday.