The Jury Got It Wrong | Ep. 1240
01:54 "... according to the jury here was the judge ..."
01:57 "... announcing the jury verdict yesterday ..."
02:00 "... we the jury in the above entitled matter ..."
02:14 "... we the jury in the above entitled matter ..."
02:50 "... jury here so the jury ..."
03:15 "... so once the jury said they were coming ..."
03:41 "... in my view of the evidence the jury 's ..."
03:50 "... the jury wrong ..."
05:31 "... okay very difficult to prove the jury ..."
05:57 "... murder charges but the jury not only ..."
06:45 "... no impact on the jury here beggars the ..."
06:58 "... perhaps it was okay perhaps the jury ..."
07:56 "... but there is one thing that the jury ..."
07:59 "... that the jury never even considered ..."
10:46 "... say that the jury is wrong ..."
10:49 "... isn't whether the jury got it wrong the ..."
10:50 "... question is whether the jury got it ..."
13:39 "... really here is that the jury took ..."
17:05 "... even if you believe the jury he was ..."
19:24 "... the jury joined in a shared conviction ..."
22:01 "... maybe the jury even had a legitimate ..."
Instagram — https://www.instagram.com/officialbenshapiro/?hl=enderek shoven is convicted on all charges president biden and co-president harris celebrate while nancy pelosi thanks george floyd for being killed and the democrats call for tearing down america's supposedly racist systems i'm ben shapiro this is the ben shapiro show today's show is sponsored by expressvpn stand up for your digital rights take action at expressvpn.com slash ben we'll get to all the news and there's plenty of it this morning we'll get to it in just one second first let us talk about the fact that you're spending way too much on that cell phone bill like hundreds of dollars too much every single year which is why thousands of customers are canceling the nation's largest wireless providers why well they found out they can get the same service at half the price by switching over to puretalk that's right instead of charging you obscene fees to pay for their massive mainstream media campaigns corporate campuses retail outlets across the country pure talk passes the savings on to you the average family saves over 800 a year and switching is super easy you can keep your phone keep your number or get huge discounts on the latest iphones and androids right now you can get unlimited talk text and six gigs of data for just 30 bucks a month and here's the thing if you go over on the data they're not going to charge you for it you really have nothing to lose why are you spending money on unlimited talk texts and unlimited data and spending hundreds of dollars too much for that when you could be getting unlimited talk tax six gigs of data for 30 bucks a month and if you go over they're not going to charge you for it from your cell phones i'll pound 250 say ben shapiro get started with my friends at pure talk usa save fifty percent off your very first month that is pounds two five zero say keyword ben shapiro and you get 50 off your very first month of pure talk coverage again save money on your cell phone bill pure talk usa pound 250 and say my name ben shapiro to get started alrighty so obviously the massive news of the day is that late yesterday afternoon eastern time the jury came in with its verdict in the killing of george floyd by derek chovin the jury determined that it was murder not just second-degree murder it was second degree murder third degree murder and manslaughter according to the jury here was the judge announcing the jury verdict yesterday we the jury in the above entitled matter has to count one unintentional second degree murder while committing a felony find the defendant guilty either during the above entitled matter as to count two third degree murder perpetrating an eminently dangerous act find the defendant guilty we the jury in the above entitled matter has to count three second degree manslaughter culpable negligence creating an unreasonable risk find the defendant guilty okay so those charges carry as per the statute 12.5 years for second degree 12.5 years for third degree four years for manslaughter if you don't have a prior conviction there are some extenuating factors that the prosecution is going to try to present to the judge to call for more than the maximum sentence allotted by law suggesting that chovin should spend presumably decades in prison for the death of george floyd so let's talk for a second about the jury here so the jury spent about 10 hours in deliberation it was a three-week trial they spent about 10 hours deliberating they came back early yesterday afternoon like 2 30 eastern time and it became clear that they were going to give a verdict so it was pretty obvious as soon as they announced that they were coming back that it was going to be guilty on all charges uh i said this publicly the reason being that in minnesota you actually have to be acquitted by the entire jury or you have to be convicted by the entire jury so once the jury said they were coming back unless they were going to acquit him on all charges which was extraordinarily doubtful it was pretty obvious they were going to convict him on all charges if they had been a hang-up if there had been a couple of jurors who were not into it then they would have gone back to the judge they would have asked questions they would have gone back to the judge they would have said you know we can't reach a verdict the judge would have sent them back he would have said you need to go back and talk about it and see if you can reach a verdict then into any of that in record time they came down for the conviction of derek chovin in my view of the evidence the jury's wrong now nothing unique in that jurors can be wrong sometimes or perhaps i'm wrong that is possible too but in my view of the evidence not only is the jury wrong given the fact they didn't even ask any questions of the judge i wonder if they even examined the evidence the reason being the second and third degree murder charges it seems unsupportable to me on a logical level that the second and third degree murder charges based on what we saw in the courtroom and the entire trial was televised that those charges are justifiable by the evidence beyond a reasonable doubt remember the standard is not by preponderance of the evidence the standard is not do you think that chovin is guilty of second and third degree murder the the question is do you know beyond a reasonable doubt that he is guilty of second and third degree murder we've walked through these charges many times third degree murder does not even apply in this case originally the judge said that third degree murder should not be brought as a charge because it's so-called depraved heart murder depraved heart murder is where you shoot a gun into a crowd the statute specifically says when you present harm to others plural right and then you hit one person you shoot into a crowd you don't have any specific intent to kill a person but you know that you probably will kill somebody that's what a depraved murderer is that's what third degree murder is that did not apply in this case they convicted uh they convicted chauvin of it anyway second degree murder they would have had to find that felony assault was intended that chauvin intended to commit a felony assault not to participate in a routinely used police procedure that was greenlit by the minneapolis police department but that he intended to commit a felony assault on george floyd not that it was an accident not that he went too far in the process of of pursuing that but he intended right felony assault is an intent crime that he intended to commit a felony assault and in the process of that felony assault george floyd died the the sort of criminal equivalent would be somebody who's robbing a bank they intend to commit a felony somebody else gets shot during the process of robbing the bank by accident that's felony murder okay very difficult to prove the jury went for that as well manslaughter i said all along was the easiest charge to prove because all you had to prove there was recklessness and there the prosecution made a fairly compelling case because the prosecution said that in that particular case derek chovin could have seen that floyd was dying under his knee and therefore he should have turned floyd over he should have given him medical care right all of that is a lot more arguable and at least a lot more evidentiarily based than the second and third degree murder charges but the jury not only went for the second and third degree murder charges they went for it in record time they went right for it like very very quickly which suggests to me that they didn't really take a fulsome look of the evidence now maybe they did and maybe they just came to a different conclusion but the presumption has to be that this was the most highly watched trial in modern american history yeah the president of the united states sounding off about it you had congresswoman maxine waters outside the courtroom who was saying that there were going to be riots in the streets essentially if they didn't get the verdict they wanted he had the entire media declaring the entire media to a man declaring that this trial was a foregone conclusion and not just a foregone conclusion but that it was insulting to even have to watch the defense put on a case the notion that the pressure campaign brought to bear over the course of the last year to convict chauvin had no impact on the jury here beggars the imagination it just i find it very very difficult to believe that this was in fact an objective pursuit of the system of justice now perhaps it was perhaps it was okay perhaps the jury just went in the room and they did their best and they came away after having examined all three weeks of the evidence and they ignored the fact that george floyd had three times a deadly level of fentanyl in a system and they ignored the fact that he had a 75 arterial blockage and they ignored the fact that he said he couldn't breathe before he was on the ground and they ignored the fact that he was resisting arrest they ignored the fact that he asked to be taken out of the car and to be put on the ground they ignored the fact that he was actively talking just before he died which shows that his airway was not obstructed they ignored the autopsy results that showed that he had many drugs in his system and not just that he had many drugs in his system but no damage to his trachea and no damage to his and no damage to his the arteries on either side of his neck right perhaps they looked at all of that and they said you know what we just agree with dr dr tobin who is the prosecution medical witness and we just agree with him and we believe that just by looking at the tape he could magically determine the cause of death on george floyd and that it was only derek chovan's knee not even on his neck on his upper back that caused the death of george fled maybe that maybe they did their job and they did it beautifully but there is one thing that the jury didn't do there was one charge that the jury never even considered there was one charge that was never even alleged that chovin was convicted of and that of course is the biggest charge of all not the murder charge the charge that derek chauvin is emblematic of an american system of racism that charge was never proved no evidence was brought to that idea there was no there was not even an allegation that this killing was racial in any way that allegation never was brought to court there was no evidence presented of that allegation and yet that was the entire story if you ask americans today is derek chovan a racist i guarantee you a majority of americans will say yes and to what is the evidence of that that george floyd died that is not evidence of racism that's evidence at best of a bad cop it is evidence of bad police procedure it is evidence of recklessness that is not evidence of racism but we all know that the real charge that was brought against derek chovin because it was being brought against america more broadly is that america is racist and this case is emblematic of that this data point is all about america being racist he was never charged with that he was never accused of that no evidence was brought of that but not only was he convicted of that the entire country the entire country was convicted of a crime that was that there was literally no evidence presented of and that really is the part that that is is terrible for the country and has driven the narrative all along because let us be real about this if the if the body cam footage had broken at the time when it was supposed to by the way the body cam footage broke well after the original third-party footage of what was going on with chauvin and floyd if the body cam footage had broken and the third party footage had broken and all of the evidence had been cast into the public sphere if all of that had happened and there had not been 20 million people in the streets declaring that america was systemically racist and that this case was a case of racism it is highly doubtful to me whether a jury would have convicted of second and third degree murder on this evidence which suggests to me of course that when it comes to due process this was due process in name it was not justice in effect because individual justice relies on you evaluating the evidence before you not on bringing in preconceived notions about systemic american racism that were never alleged in the courtroom the prosecution did not allege that the prosecution did not allege that chovan was a racist who went to kill a black man that day that was not alleged the prosecution did not allege that chauvin killed floyd because he was black or even that he was reckless because he was black the prosecution did not allege racism but that is what chovin stands convicted of for the rest of his life that's what america stands convicted of in the view of the entire media in the view of the entire democratic party this was eminently political from beginning to end from beginning to end so when i say that the jury is wrong juries get it wrong but the question isn't whether the jury got it wrong the question is whether the jury got it wrong because they were actually convicting chauvin of a crime that he was not even alleged to have committed which is standing in for america's evil racist system and the answer there is pretty obviously yes okay and you can see it in every element of the narrative that's been trotted out every single element of the narrative for example felonies floyd who is a relative that george floyd's brother got up and suggested standing next to al sharpton one of the great race baiters in american history and jesse jackson another one of the greatest race baiters in america american history and benjamin crump another great race baiter in modern american history felonies floyd stood there and suggested that george george floyd was like emmett's till and now for those who don't know about the emmett till crime one of the great racial crimes in american history emmett till was a 14 year old black boy who was falsely accused of having sexually harassed a white woman the white woman's family then went to the place where emantel lived dragged him out of his house shot him and threw him in a river in other words the circumstances surrounding george floyd's death are nothing like the circumstances surrounding emmett till's death which was a purely racist murder in the south in the jim crow era but this is the comparison that was made continuously and repeatedly is that every day america's racist system is creating new emmett tills and george floyd is just the latest example of this here is felonies floyd making that case the person that comes to my mind is 1955 and to me he was the first george floyd that was that was immature wow wow i did uh was on cnn with deborah watts and she just brought him back to life people forgot about him yeah but he was the first george floyd okay that is a that is a lie it is a by the way it is a slanderer against emmett hill who is not in fact a repeat criminal who had held up a pregnant woman at gunpoint and robbed her house with her kid in the house he was not a repeat drug offender who done jail time he was not a person passing counterfeit bills emmett till he was not somebody who resisted arrest he was not any of those things emmett till was killed because he was a black because he was a black boy living in the jim crow segregated south and there were white races who murdered him there's no similarity between the emmett till case and the george floyd case but again that is what chauvin was convicted of yesterday not just in the court of law but in the court of public opinion which in america matters a hell of a lot more than the court of law and it's not just chauvin who stands convicted of that of course the idea from the entire democratic party and the media is that's the entire country that stands convicted of that when it was not even alleged based on evidence it was not even alleged and it seems to me that what happened really here is that the jury took allegations that were not even made and then read them into the crime derek chovin had to be convicted of second and third degree murder not because the fact pattern supported second and third degree murder might have supported manslaughter but he had to be convicted of second and third degree murder or whatever charges they threw at him frankly because he was a stand-in for the evil history of american racism and the current system of american racial prejudice of american white supremacy and that to me does not look very much like a justice system that does not look like a justice system designed to achieve individual justice it looks like social justice and racial justice projected into a case where the evidence didn't fit but it didn't matter in just a second we'll get to the reaction from the politician and media that prove exactly what i'm saying i mean it is it is pretty astonishing the reaction to this has been quite amazing and and quite telling we'll get to more of this in just one second first let us talk about the fact that you need to make your business better you do and the best way to make sure that your business is doing well is to market it properly well a lot of people are still putting out their things like phone numbers people are still trying cold call people using email these are old-fashioned ways of reaching your customers instead what you need is to get on text seriously i don't respond to cold calls on phones i'll just let it go to voicemail or i'll just you know hit end but if somebody texts there's a good chat i'm going to see the text podium is the messaging platform to power your business it helps you reach your customers wherever they are business messaging with podium helps you gain reviews collect payments communicate with customers and capture leads all from a single inbox podium helps you adapt to the changing customer expectations you have to take my word for it rpm alamo increased business by 20 tony is the owner of rpm alamo he said we've generated more revenue decreased vacancy rates and pulled in more leads than we could have in multiple years that's priceless america's car mark collected 21 000 leads through webchat tj who helps run the digital experience in america's carmart said before podium we had a contact us for him it could have been days before anybody got back to that customer our response time has now been cut down two minutes find out how podium can help your business reach more customers today get started free today at podium.com shapiro that's dot com slash shapiro again podium.com shapiro okay so you can see how the media and our politicians react and they are reacting not to the conviction of a cop on evidence presented that he was reckless or even that he committed murder because he was brutal they reacted to this on the basis of the racial question that was not even alleged at trial and to which no evidence was presented there is not a jot or tittle of evidence that has been presented to suggest that if george floyd had been a white man who was and the police were called to the scene of a crime for a white guy who had a long uh a rap sheet as long as your arm and the white guy were high on fentanyl three times the legal limit resisting arrest begging to be put on the ground that that white guy would have lived under the exact same circumstances in which we saw this case that was not even presented there's no evidence presented to that they didn't bring a facebook post from chauvin they didn't bring any evidence of chauvin's intent they didn't bring any any evidence that chauvin was in fact a racist it does not matter that is what america and chauvin stand convicted of today and and the way that the media treat this and the way the politicians treat that's perfectly obvious so nancy pelosi gave what i thought was maybe the single most egregious statement on not just a criminal trial but on the death of a human being that i have heard in quite some time her take on george floyd's death is malevolent i mean truly malevolent here is nancy pelosi talking about the death of george floyd who remember did not willingly go to his death because he was making some sort of greater sacrifice even if you believe the jury he was killed that he did not want to die nor should he have wanted to die but nancy pelosi thanked him for his death she thanked him for his here's nancy pelosi thank you george floyd for sacrificing your life for justice for being there to call out to your mom how how heartbreaking was that call out for your mom i can't breathe but because of you and because of thousands millions of people around the world who came out for justice your name will always be synonymous with justice okay forget for a second about the beginning of the statement in which she thanks a man for dying which is just an astonishing breach of decency i mean somebody gets shot by the cops even if they're shot and they deserve to be shot you don't thank them for their death that is a that is a bizarre bizarre take at best but her her statement that that she on the day of chauvin's conviction that because floyd died and millions of people went out in the streets basically children was convicted because of that is itself an admission that this trial outcome was seen as the predictable outcome not of the evidence but of all of the surrounding hubbub regarding george floyd and the blm movement of last summer and the 20 million people in the streets which is to say that it was not a pure jury case examining the evidence looking at the looking at what happened it was in fact outside pressure that made a fair bit of difference and all this ties in to get the broader american narrative which is that all of this is about america's racist systems so for example you have the minneapolis mayor jacob frye who is just a a a moral idiot of extraordinary proportions jacob fry the same guy who went and got shellacked last summer he went down to a blm rally tried to sympathize with them and they said what are you doing here well they started yelling at him for being a white supremacist because when you show your neck to to a mob of people who wish to tear down the system and you're a member of the system it never goes well for you but jacob fry tweeted this out george floyd came to minneapolis to better his life okay that is at best on the record debatable considering that he was in a car doing heavy doses of drugs and passing counterfeit bills after having committed many many crimes but ultimately his life will have bettered our city the jury joined in a shared conviction that has animated minneapolis for the last 11 months they refused to look away and affirmed he should still be here today i think everybody agrees that george floyd shouldn't have died there's no debate about that but the notion that this has bettered minneapolis in some way is indicative of a basic democratic case which is that the world has gotten better over the course of the last year because of this mass movement in the streets and i'm just wondering what the evidence is for that i'm wondering what the evidence is that the world has gotten better because of what has happened over the course of the last year in terms of the supposed racial awakening in the united states you have the same thing from minnesota a.g keith ellison he said this isn't justice it's accountability now what you notice here is the reason he's saying that it's not justice is because the idea that democrats are going to push forward and this is the next move right is that it was never about this particular case it's about the broader system you'll notice the language that is being used by by the left today by members of the media by members of the democratic party is not the system worked usually in the aftermath of a criminal conviction the line that you hear very often from politicians in the media is yes the system worked you're not hearing that today you're really not hearing that today but instead what you're hearing is justice was done there's a major philosophical difference between justice was done and the system worked if you say the system works you're providing legitimacy to the system life doesn't want to provide legitimacy to the system remember remember the system is racist remember the system is bigoted remember the system is the bad guy derek shoving isn't even the bad guy derek shoving is just the outgrowth of the system in a certain way a lot of folks on the left don't even believe that derek chovan is responsible for his own actions because they didn't prove that he was a racist he's just the outgrowth of a systemically racist system he's just a widget in the system the system is bad so they're not saying the system worked because that would be lending gravitas and legitimacy to a system they hate instead its justice was done when they say justice was done what they mean is we got what we wanted okay so here is minnesota a.g keith ellison saying it's not about justice it's about accountability because broader justice of course means that you tear down the entire system i would not call today's verdict justice however because justice implies true restoration but it is accountability which is the first step towards justice and now the cause of justice is in your hands and when i say your hands i mean the hands of the people of the united states there we go there we go because the entire system has to be torn down right that's the next step the next step is that this was this was merely indicative of a broader that was not even a charge that was evidenced it was not a charge brought again chauvin but children's gonna go to jail for that charge his life will be ruined for that charge i'm not saying he shouldn't go to jail maybe he should for manslaughter maybe the jury even had a legitimate belief in second and third degree but that is not why the media and the democrats are convicting chauvin today the reason that they are convicting children today is not on the basis of the evidence it's on the basis of facts not in evidence namely that chovin was the racist outgrowth of a racist system which is why this is a national story as opposed to a local crime story in the first place now just a second i want to ask a pretty easy question which is okay so is this hope have things gotten better because the basic idea is that things are now about to get better for black americans in the united states the answer pretty obviously is no things are not about to get better in the united states for black americans many more black americans will die because of the approach of the media and the democratic party with regard to policing period end of story okay so let's take a look at what's happened over the course of the past year we've been told that the great racial awakening brought about by george floyd's death has been a boon to the united states we've seen nancy pelosi on tape thanking george floyd for his death in a bizarre show of misplacement i mean my goodness what a what a tone-deaf thing to say that this has made america better in some way and particularly for black americans there's an entire piece from the associated press today titled floyd verdict gives hope if only fleeting to black america by the way that's not an op-ed that is a news piece because our media are fully invested in the idea that all the systems of the united states are deeply racist and that only if shroven was convicted would we be on the road to recovery here is the associated press in a news story remember not an op-ed relief even if fleeting and momentary is a feeling that black americans have rarely known in america from slavery and jim crow segregation to enduring punishments for living while black a breath of fresh air untainted by oppression has long been hard to come by that's a news story gang your media are hot garbage your establishment media delinda asked they do not have the interest of the american people at heart they do have the interest of american ideals at heart they don't have the the ideas martin luther king jr at heart they have divisiveness and polarization and violence at heart i mean this is bad stuff the notion that all black americans are living under the constant threat of extermination is now being reported as objective news by the associated press nonetheless as the ap the conviction of ex-cop derek chauvin from murdering george floyd nearly a year ago allowed many across this city and the nation to pent to exhale pent up anxiety and to inhale a sense of hope but what might they hope for the fate of chauvin showed black americans and their compatriots once again that the legal system is capable of valuing black lives well the system is capable of valuing black lives but what you're calling for in terms of changes to the system devalues black lives as we'll talk about in just one second or at least it can hold one white police officer in minnesota accountable for what many declared an unambiguous act of murder months ago yeah just because many declared something an unambiguous act of murder means nothing today you'll notice that there are many in the media who are attempting to declare an unambiguous act of murder that a policeFull review >>