It’s easy to imagine that Brandon Mitchell, a black man residing in Minneapolis, would want to serve on the jury for the murder trial of Derek Chauvin, who currently stands convicted of the brutally killing of George Floyd. Indeed, many people from all demographics would no doubt have been thrilled to be part of the process that put such a monster away.
However, questions, based on a photo of Mitchell attending the March on Washington last August (which commemorated the 57th Anniversary of Dr. King’s historic “I Have a Dream” speech) that’s currently making the rounds on social media, are beginning to raise legal questions about his participation in an event that could potentially serve as the basis for an appeal of the conviction.
As part of the voir dire, in which jurors are questioned to expose any potential biases before being seated on the panel, the 12th question asked was: “Other than what you have already described above, have you, or anyone close to you, participated in protests about police use of force or police brutality? Yes ___ No ___.”
Once the photo surfaced, Mitchell responded by saying, “It was huge to get people geared for voter turnout, so being a part of that, being able to attend, you know, the same location where Martin Luther King gave his speech was a historic moment,” Mitchell said. “Either way, I was going to D.C. for this event, even if George Floyd was still alive.”
It’s not known at this point how Mitchell answered that 12th question, but if he had responded in the affirmative I would have to assume the defense would not have allowed him to have been selected as a juror. On the other hand, if he lied on the questionnaire, that could open the door for a successful appeal. The defense now has the right to ask Judge Peter Cahill to go back and question Mitchell and then can decide if the verdict will stand. And while most legal experts are of the opinion that the chances of such an appeal being successful are relatively low, merely the thought of having to sit through another trial should send shivers down everyone’s spine.
The simple fact is, the Chauvin murder trial was a slam dunk. The chances of the former cop being acquitted were slim to none, barring some kind of malfeasance — such as the kind Mitchell is being charged with. But most cases of wrongdoing by a cop that make it to a jury will not be as high-profile and clear-cut. And, given the fact too many judges and juries will be actively seeking a reason to let a former cop off the hook for any infraction is reason enough for activists to not give them a clear opportunity by potentially tainting a jury with their service.
It’s easy to imagine the delight someone like Brandon Mitchell must have felt when voting to convict Derek Chauvin; that’s completely understandable. But in the future, those who have taken part in Black Lives Matter protests — or any other types of protests against police brutality, for that matter — should eschew serving on juries where their service could potentially taint the outcome and allow a guilty cop to walk free. It’s not worth the risk.
One Response to “MANSFIELD: Not Worth the Risk”
Walter P Bruckner
Yea, by all means, go slow. Cooler heads should prevail. It’s just not worth the risk. Remember, it could be worse…
That kind of thinking explains a lot about the entirety of the African-American experience since 1619, doesn’t it?
Here’s another way to handle things. In 9 A.D., the Romans tried to enslave my people. We trapped three legions of them in the woods and spent a week hacking 30,000 of them to death. The streams ran blood red for weeks. We had to take breaks, probably to avoid getting carpal tunnel on our sword hands. We invented a new hairstyle that kept your hair from getting tangled in your sword arm.
The Romans never crossed the Rhine in force again.