Supreme Court Might Reverse Chauvin Convictions because of Maxine Waters
by Alan M. Dershowitz • April 21, 2021 at 5:00 am
The Minnesota appellate courts might not reverse the conviction but the United States Supreme Court well might, as they have done in other cases involving jury intimidation.
In seeking to put her thumb on the scales of justice, Rep. Maxine Waters perhaps unwittingly borrowed a tactic right out of the Deep South of the early 20th century.
In the Deep South during the 1920s and '30s, elected politicians would organize demonstrations by white voters in front of courthouses in which racially charged trials were being conducted. The politicians then threatened, explicitly or implicitly, that violence would follow the acquittal of a black defendant or the conviction of a white defendant. The U.S. Supreme Court and other federal courts reversed several convictions based on these tactics of intimidation.
The judge in the Chauvin trial made a serious error in not sequestering the jury during the entire trial.
Already, we have seen blood sprayed over the former home of a witness who testified for Chauvin; the defendant's lawyers have received threats. An aura of violence is in the air. Jurors breathe that same air....
This is not the Deep South in the 1920s. It is the "Identity Politics" of the 21st century. But the motives of the protesters are not relevant to whether jurors in the Chauvin case could be expected to consider the evidence objectively without fear of the kind of intimidation threatened by Waters.
The evidence, in my view, supports a verdict of manslaughter, but not of murder. Any verdict that did not include a conviction for murder was likely to be unacceptable to Waters and her followers, however, even if the facts and the law mandate that result. Waters is not interested in neutral justice. She wants vengeance for what she and her followers justifiably see as the unjustified killing of George Floyd.... That is not the rule of law. That is the passion of the crowd.
We must be certain that threats of intimidation do not influence jury verdicts. That certainty does not exist now in the Chauvin case, thanks largely to the ill-advised threats and demands of Maxine Waters and others.
The convictions of Derek Chauvin might not mark the end of this racially divisive case. The US Supreme Court might ultimately decide whether to uphold the convictions.
Congresswoman Maxine Waters (D-Calif.) made a statement — while jurors in the trial of former Minneapolis police officer Derek Chauvin were not yet sequestered — which demanded street confrontations unless Chauvin were found guilty of murder. The trial judge correctly suggested that any conviction in the case might ultimately be thrown out on appeal, based on what Waters said. He condemned Waters' remarks in the strongest terms, but he did not have the courage to grant a defense motion for a mistrial. Had he done so, that almost certainly would have led to riots — which would have been blamed on the judge, not on Rep. Waters. So he left it to the court of appeals, months in the future, to grant a new trial -- which he should have granted.