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Welcome To The Program Alan Dershowitz, Professor Emeritus At

Harvard Law School and host of the Der show with Alan Dershowitz, Alan thank you for coming on the program today well thank you for having me um so we have a all three guilty today All three charges how did the jury do well. We don’t know because we don’t know whether the jury based its decision only on the facts in the law or whether they were frightened of the possibility that if they acquitted or they convicted on a lesser count or they had a hung jury they would be fearful of what maxine waters and others threatened. We Don’t know whether the outside intimidation made its way into the courtroom. So we really don’t know how the jury did we don’t know whether the thumb of the crowd was on the scale of justice. The judge himself.

Said This Might Result In The Entire Conviction

being thrown out and I predict the case will go all the way up to the United States Supreme Court and the Supreme Court has in similar cases thrown out convictions So this is not over how much does this play into the thought process of the jury Because I think if I was on this jury right now it would definitely enter my mind that if I come up with the quote unquote wrong verdict bad things are going to happen to my city well look you just listen to CnN basically. The commentators and CnN were threatening they were saying would be disasters it would be this it would be that it would be horrible. You know the country you name it. The outside influences were pervasive and then you get Maxine Waters, who stood outside the courtroom basically and told the jurors that if they don’t come to the conviction she wants them to come to on the murder charges. There will be confrontations and we’ll take to the streets and we know how at least some jurors might interpret that so I think the appellate courts.

In Particular The United States Supreme Court Will

give a good hard look at that and whether or not the judge aired by not sequestering the jury. I think he did if I were an appellate judge I’d reverse this conviction based on the failure to sequester and not moving the trial out of Minneapolis. We saw not only Maxine Waters, but also President Biden Chime in on this over the last couple of days. You know is that does that surprise you at. All that all of a sudden that this is acceptable in our country In the middle of a trial well it wasn’t.

In The Middle Of The Trial.

I think biden was careful to make sure that he didn’t say anything until after the jury was sequestered. So I don’t think his statements made it to the jury, but probably be better advised for a president not to comment until after the case is over and now the first phase of the case is over he’s going to jail. He’s been denied bail pending appeal, even though the judge said there are going to be issues on appeal, but the appeals will be very serious In this case do we what’s your take on how the the prosecution and the defense actually performed here would they do a good job. I would they both did a pretty good job I’m not sure why the defense didn’t put sharpen on the witness and .

The Major Issue In This Case After

causation was his state of mind his intention and he would be the best witness for that now the defense may have had good reasons. Maybe there were issues that would not come up if he didn’t take the stand, but they would come up if he did take the stand so I don’t want to second guess defense lawyers, but I think once I saw that he was not going to take the stand. I thought a conviction was relatively certain the the prosecution went after this kind they basically kept appealing. It seemed to me just to the idea of common sense watch this video look how bad this was this this can’t stand. They didn’t really.

Make It They Didnt Go As

far to to try to necessarily make that specific legal argument they appeal to emotion often and this is relatively common, but is that the is that the right way to go. In this case, it was obviously the right way to go. They had the video and they had the common sense and you know look morally. Nobody can justify what deshauven did from a point of view of police practice nobody can justify it and the question is whether technically it constituted second or third degree murder. I think it did not and that’s why the defense focused more on that and the prosecution more on the common sense point of view do you feel Alan that that this is how I feel at least these cases come up, especially these big ones and we have this legal system here designed to.

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Kind Of Maintain Our Civilization And

I feel like this I feel like we’re held hostage by these things at times. I mean we are we’re held hostage by the crowds and by current identity politics and everybody um you know wanted this verdict this outcome and the fear was if this outcome didn’t occur every city in the country would be attacked and so everybody’s heaving a sigh of relief, but that’s not the way the criminal justice should operate. We have to do much more to insulate juries from identity politics and from the maxine waters of the world. We’re not doing enough how much of it is a mistake to show. I mean I’ve seen multiple news sources profile you know lots of details about these jurors.

I Mean The Stuff Everyones Going To

know who these people are after this and if you’re one of the jurors, you have to be thinking about that of course now. Of course, the jurors will probably be proud to be displayed, but had they come up with the verdict. Other than murder had they come up with a manslaughter verdict or an acquittal. Their identity would really have to be shielded look what happened to a defense witness former home was spray painted with blood and the defense attorneys received threatening calls that’s not the way the American system of justice should operate a city and the country should not have a stake. In the outcome of case a case should be decided on its facts and its law it shouldn’t be a referendum.

It Shouldnt Be A Determination Of Whether We

do justice in this country to minorities. It should only focus on whether the prosecution has proved every element of the offense beyond a reasonable doubt. I do not have confidence that this verdict was decided based only on the facts in the law. I think there is a reasonable likelihood that the verdict may have been influenced by external considerations and if a court of appeals agrees with me we may well see a reversal of the conviction all right last one before I let you go. Maxine waters came out.

She Made Her Comments Publicly.

There are some out there saying this crossed the line into incitement after what we saw with the way the president was it was gone after on the same type of charge. I I feel like the standard should be pretty high for that type of thing, where do you stand on that well. I think that neither of them.

Were Incitement, Neither Of Them Were Criminal.

Both were wrong. Neither of them should have said what they said, but they’re both protected by the first Amendment.

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Summary

Alan Dershowitz, professor emeritus at Harvard Law School and host of the Der show with Alan Der Der show . Alan predicts the case will go all the way up to the United States Supreme Court and the Supreme Court has in similar cases thrown out convictions . The outside influences were pervasive and then you get Maxine Waters, who stood outside the courtroom basically and told the jurors that if they don’t come to the conviction she wants them to come to on the murder charges she wants to convict them of murder charges . The judge himself.& said this might result in the entire conviction being thrown out and I predict the case to go all-way up to U.S. Supreme Court . The Supreme Court will give a good hard look at that and whether or not the judge aired by not sequestered by not the jury . The jury did not decide whether the thumb of the crowd was on the scale of justice. The jury does not know whether the verdict is on the balance of justice ….. Click here to read more and watch the full video