Thursday morning Chauven murder trial antics by Prosecutors’ and their “Monday morning quarterbacking,” inspired their attempt to finagle in “new” evidence. Evidence that clearly the Minneapolis ME let slip through the cracks and prosecutions miscalculations of its probative value. Nonetheless, all is swiftly “cross-checked” by the judge Cahill, and not allowed in, else “mistrial.” That’s how good defense counsel and their expert performed.
If Minneapolis prosecutors got any sleep “Thursday” night, it may have consisted of, at the most, a blink or two. After Defense expert witness Dr. Fowler presented substantial “holes” in the tests the ME office presented at trial, and the “absence” thereof suggests much. The prosecution counsel and witnesses are at the mercy ME’s office disclosures. Their attempt to try to bring in “something” that was within in their “records” discovery and availability for months, had judge Cahill pulling in the leash on prosecutors substantially.
The optics for jurors Thursday morning after a good night’s rest, unlike the prosecution’s office, couldn’t have been more exciting than a ride on “Indiana Jones” at Disneyland. Prosecutor’s “steamed” and sweat soak collars couldn’t have been more “noticeably” given the extent to which they were going to need to groom “arguments” for Judge Cahill Thursday morning and hopefully prevail, which they didn't. One can see that in the prosecution presentation and results thereafter. And to further that notion one can be sure the judge’s verbal warning that “mistrial” had prosecutors on eggshells good and plenty. Point being is, that when the jury entrance time was delayed - the “mind” wonders, the jury chats and bonds more, and speculation – conjuncture arises. Senses become more acute, as in, “What’s the delay.” Consider yourself driving a car in a city you have never been in before and you hit a traffic jam? One thinks: “Is there an ‘accident’ up ahead,” and so forth, when in truth – traffic on "that" particular highway always backs up between 9 and 10 am every morning. But a stranger doesn’t know that, and speculations arise. It’s a common human propensity. And given the likelihood of common human “propensities” at hand, and the peculiarities of a “strange” environment,” being in a “jury” pool with a bunch of strangers, on a very “high” profile case, one can understand - it’s not like attending a Minnesota Viking football game with “strangers”, albeit, fans. These are very contrasting “environments” and to think that the jurors, after their, presumably, “good night's” rest Wednesday, are going be on “all fours” with their senses well tuned. Given that, it’s not a reach to suggest they didn’t “sense” the temperature(s) underneath the “collars” of the prosecutor's panel and their Wednesday night war room tactics involving their last minute “Hail-Mary” pass. The jury must have sensed the “immediacy” of the matters at hand, the tension in the room. The combination of factors, physiological factors from being up all night, followed by the sudden warning of “mistrial” by the judge, incubated a degree and level of tension for prosecutors, not even Al Pacino could have danced around.
As we will all see in weeks ahead after the trial when jurors hit the morning AM news circuits, MSNBC and CNN among others, it's very likely jurors will be talking about “Thursday” morning, April 15. They will be talking about what it was like to walk into that courtroom that Thursday morning and the unexpected “Elephant” in the room, after their morning croissants and tea.
It’s not clear whether they will be sequestered immediately, today, or next week after summations. But one can be sure, many are talking about the ME’s office and prosecution’s “big mistake,” news channels and hard copy paper reporters, and it’s likely going to be “water cooler” conversation widely, and substantially have individuals forming an opinion.
