Here’s a good summation by Andrew Branca of the travesty of the Kim Potter conviction:
it’s my professional opinion that the conviction of Potter on charges of manslaughter is a blatant miscarriage of justice based on the fact that manslaughter in this case properly required proof beyond a reasonable doubt of reckless conduct, that reckless conduct in this case properly requires the conscious disregard by Potter of an unjustifiable risk of death or serious bodily injury to Daunte Wright, and that the jury was presented with exactly zero evidence that Potter consciously disregarded the risk that resulted in Wright’s death.
Indeed, it was uncontested throughout the trial that Potter never even knew she had a gun in her hand during her encounter with Wright, and one cannot consciously disregard a risk that one does not know exists.
To the extent that Potter ought to bear responsibility for unintentionally killing Wright, that responsibility is at worst based on negligence, the unknowing creation of an unjustified risk, and subject her to merely civil liability. Absent a conscious disregard of risk, for which no evidence exists in this case, her conduct cannot qualify as recklessness raising criminal liability…
This distinction…is extremely old and well-established law…
Branca adds that the prosecution was allowed to misstate the law in order to convict Potter, and the judge did not correct their statements and did not give the jury the proper law in her instructions prior to their deliberations.
A travesty, indeed. I keep writing about this verdict because it troubles me greatly in terms of the disregard of the law in order to get a political outcome. It has tremendous repercussions in terms of police reluctance to do their job. Who does this hurt the most at this point? Poor minority groups who are the main victims (and perpetrators) of violent crime.
Alan Dershowitz weighs in as well:
“Horrible tragedy, not a crime. It’s not a crime to make a mistake, and she was falsely convicted of anything.”
Judge Regina Chu “acted lawlessly” in denying bail for Potter, and Democrat state Attorney General Keith Ellison engaged in “a complete abuse of justice,” Dershowitz told co-hosts Carl Higbie and Amanda Brilhante.
“This judge acted lawlessly,” Dershowitz said. “The law in Minnesota is you are entitled to bail pending appeal, if your appeal isn’t frivolous – and it isn’t frivolous – and not likely to flee – she’s not going anywhere – and if you’re not a danger people,” Dershowitz said, noting the judge has failed to strictly apply those criteria to a repentant 26-year police veteran.
“She engaged in completely lawless behavior, and I think if Potter’s lawyers appealed the denial of bail immediately to the appellate courts, she may very well be released, pending appeal.”
I agree with his analysis of the law, but I disagree with his prediction about Potter’s likelihood of release on bail if the denial is appealed. My disagreement isn’t based on law; it’s based on politics.
