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Daunte Wright Shooting Trial LIVE: Day 6

Daunte Wright Shooting Trial LIVE: Day 6

Will the prosecution spend another day focused on proving things that are not in dispute as an excuse to put bloody photos in front of the jury, or will it finally try to prove whether a crime was committed?

Welcome to our coverage of the Kim Potter manslaughter trial over the April 11, 2021, shooting death of Daunte Wright in a suburb of Minneapolis, when then-police officer Potter accidentally used her Glock 17 pistol in place of her intended Taser.

I expect that the defense cross-examination of use-of-force trainer Sergeant Mike Peterson first thing this morning will be LIT!

In this LIVE post, we’ll provide real-time live streaming and commenting on the trial proceedings throughout the day, as the State continues to present its case in chief, and the defense continues to cross-examine the State’s witnesses.

Live Stream

Live Commenting

For some more detailed background on this event and court proceedings to date, see these earlier posts:

Daunte Wright Shooting Trial Day 5: State’s Police Use-of-Force Witness Helps Defense – “She’s a good cop”

Daunte Wright Shooting Trial Day 4: Prosecution Strategy Of Showing Jury As Many Bloody Photos As Possible Continues

Daunte Wright Shooting Trial Day 3: Still No Apparent Evidence Of Manslaughter

Daunte Wright Shooting Trial Day 2: Prosecution Spends Entire Day On Irrelevant Sympathy Evidence

Daunte Wright Shooting Trial Day 1: Defense Scores on State Witness

Kim Potter Trial: Manslaughter Charged in “Taser! Taser! Taser!” Shooting Death of Duante Wright

Until next time:

Remember

You carry a gun so you’re hard to kill.

Know the law so you’re hard to convict.

Stay safe!

–Andrew

Attorney Andrew F. Branca

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Comments

I started following this site during Chauvin trial as my son attends Cornell. Initially, Andrew came off a bit “too conservative” for me in that trial as I tend to lean left. However, I felt he was right on with his assessments and my mind was open to how the media is turning the legal system into a mess. I am not a fan of open carry but I do understand that it is legal under certain state laws. People who thought Rittenhouse shouldn’t have been “there” with a loaded weapon, and is therefore guilty, do not respect the law. He was legally in the right. If you didn’t like that he was there with a gun, then you must change the law.

I now watch you on Rekieta. You are a great addition and I never laughed so much as I did on Friday. It makes you real, down to earth and relatable. The woman they had on the show yesterday was a bit hostile which made her unlikeable. She may have valid opinions but I couldn’t get passed her “loudness”. Andrew has a specialty and it shows.
More of a message to Andrew.

(I consider myself a “liberal” black woman who supports the BLM overall message. However, I respects laws and police. My son has been taught to respect police and would never consider resisting arrest – that is something I just don’t understand. Our world is crazy when we think it’s justified to resist arrest.)

Potter remains just as fucked today as she was yesterday.

IMO the entire prosecution team isn’t flailing JUST because they have a bad case. They’re flailing because they are 100% outclassed by Earl Grey and Enghe (sp?). They’re used to going against public defenders and the random private defense attorney, not top of the line, grade A, name-brand ass whoopers.

    The Friendly Grizzly in reply to Smooth23. | December 15, 2021 at 12:27 pm

    Your comment is a good one. It also reinforces my belief that “justice” is for those who can afford it.

    mbecker908 in reply to Smooth23. | December 15, 2021 at 3:14 pm

    Generally speaking, your comment is grossly unfair to public defenders.

    They are, typically, excellent defense lawyers. They do face some insurmountable problems. The reality is, most of their clients are guilty as hell and a plea deal is a very reasonable result. The problem on a major case is absolutely money and time. A PD doesn’t represent “one” client, they have a raft of them at any one time and they generally don’t have a staff for research. And when it comes to trial, they aren’t going to have the resources for expert witnesses, etc. The state, OTOH, has essentially unlimited resources.

    That’s why I have CCW Safe use of force insurance. I carry a gun to protect my family, I have CCW Safe so I run afoul of a progressive DA I will be able to have a world class defense in court. My CCW Safe payments are the most important payment I make every month.

seems clear from the PROSECUTION witnesses potter was a good cop/person, was well-trained, perceived a lethal force threat to her fellow officers, the passenger in the car and the public and did her duty to neutralize the threat–in the heat of the moment she selects the wrong tool, she’s human after all, but nevertheless she prevented wright from harming anyone else–well done, officer

also evident, and again from the PROSECUTION witnesses, the entire episode could have been avoided if wright hadn’t resisted arrest

    The entire incident could have been avoided if Wright had not committed criminal offenses that resulted in a warrant for his arrest.

    JohnSmith100 in reply to texansamurai. | December 15, 2021 at 4:32 pm

    x2 on prevented, as in all future crime by Daunte Wright, He should get the Darwin award.

    James B. Shearer in reply to texansamurai. | December 15, 2021 at 11:13 pm

    “… nevertheless she prevented wright from harming anyone else–well done, officer”

    Actually she didn’t as Wright managed to live long enough to run into another car injuring several people. Perhaps Potter didn’t commit a crime but this arrest wasn’t well done.

I don’t know why prosecutor keeps harping on the spark test. It has nothing to do with this case. It’s simply to ensure it is working. Nothing whatsoever to do with the decision to use it on someone. Even if you do the test there is no way to know for sure it will work later that day. It’s an electronic device that can fail. And that’s not even getting into the odds of it actually being an effective tazing. It works I’d estimate half the time you deploy it on a person even when working properly.

    Smooth23 in reply to Chewbacca. | December 15, 2021 at 11:44 am

    That is literally the ONLY thing they have that they’re trying to point out as Potter being an inept police officer. Its absurd

seth stroughnton – prosecution use of force expert –

Comes across as paid whore

Testified for state prosection in
Chauvin trial
Amery trial
etc

    I’m curious as to how the defense will respond to his claim that a reasonable officer would not see this as a deadly force threat when I’m pretty sure 3+ current officers testified that it was reasonably a deadly force threat. Who will the jury believe, the paid academic or the officers that were actually there?

      Joe-dallas in reply to jmare. | December 15, 2021 at 3:19 pm

      Frank: Also consider threat of harm to other officers at the scene? Did this with deadly force, what about non-deadly force?

      Substantially the same, no threat that would justify non-deadly force.

      Jmare – concur – a paid whore

    Chewbacca in reply to Joe-dallas. | December 15, 2021 at 2:50 pm

    The work expert is used loosely here. He is often completely wrong in his testimonies and any defense attorney worth their salt should be able to tear his testimonies to shreds.

AFB: Expert can testify as to what a reasonable officer would have believed based on X set of facts or Y set of facts, but NOT what Potter actually knew or believed, her subjective state of mind–and pretext “a reasonable officer would not have known or believed” is same.

Expert witness can only testify to what a reasonable officer SHOULD or COULD have believed. Not all reasonable men have the same beliefs based on the same set of facts.

They like to use this guy because he was a cop for a short time. You can tell from his testimonies in the various cases he was a shit bag of an officer.

    Joe-dallas in reply to Chewbacca. | December 15, 2021 at 3:35 pm

    Chewbacca | December 15, 2021 at 2:53 pm
    “. You can tell from his testimonies in the various cases he was a shit bag of an officer.”

    that was my observation

      I wouldn’t necessarily the term shitbag. To me a shitbag is someone who is sloppy, performs poorly, is unkempt, that kind of thing. I’m guessing he was more of a kiss ass who tried to skate out of real work and he is definitely a blue falcon.

    The Friendly Grizzly in reply to Chewbacca. | December 15, 2021 at 3:56 pm

    I haven’t been watching, what has he done to give you got impression? Just curious…

      The Friendly Grizzly in reply to The Friendly Grizzly. | December 15, 2021 at 3:59 pm

      Give you that…

      This guy had less than 5 years as an officer. As someone who is still working in a very busy agency for just under 20 years I can attest that a 5 year officer is just starting to have a true grasp of the job. The things he claims he did during his time as an officer and the certificates he claims to have obtained shows he was on the road very little and didn’t have much real experience as a patrol officer. He also claimed he was a trainer for report writing and administrative duties. His real use of force experience as a police officer is obviously not near what he tries to present. And since then he has not been a participant in any use of force. He is purely a college professor who has found he can make good money testifying in high profile cases against police officers because of his short time as a cop, which prosecutors feel gives his testimony more weight than it should.

“Chu: No evidence that Potter aware he had fled in the past, evade warrants, if Potter not aware of that, covered under prior ruling, prior bad acts by Wright excluded.”

I would argue that based on a Police officers experience and judgment, A person with Wrights behavior at that point in time, it was reasonable to assume that Wright would have prior bad acts – and therefore a reasonable officer could react based on those likely but unknown prior bad acts.

If the judge has to tell you to get to the point, you are NOT doing well. As with Rittenhouse, eight tenths of the prosecution “case” seems to consist of matters irrelevant to the actual legal issues, favorable to the defense or stretched by repetition to make them appear more substantial than they are. (Pictures of the same event from a million angles, duplicative testimony from multiple witnesses – or from repeated questions to the SAME witness.) I’m starting to think Potter will be acquitted and the matter pursued in civil court, where it belonged in the first place.

AFB question –
your thoughts on the cross of the paid whore? (seth stoughton?)

I really want Gray to ask the question: “You can see the car doors open, correct? And you can see the officers within the area of the open doors, correct? And are you aware of the ability of cars to drive backwards?”

Police? I’d like to report a murder in progress. Earl Gray is killing Seth Stoughton.

AFB question – was the father a witness to the traffic stop, shooting or subsequent accident? If not, why is he testifying? How does anything he says contribute to the jury’s ability to determine whether or not Potter acted recklessly in grabbing her pistol instead of her taser?

I’m behind because I had to step away from the computer for quite a while. I just heard Stoughton say “Taser Taser Taser” doesn’t tell officers to release the suspect so they don’t get shocked. BS. It really sucks to get Tased by a fellow officer while you’re fighting with someone. If you’re grabbing someone between the probes or the wires touch you, you will get Tased as well. When someone is using the taser you release until the Taser has been deployed. You can then re-engage while the Taser is providing shock to try to effect the arrest while the suspect is incapacitated. It is safe to handle someone while the Taser is active, but you have to be very careful where you grab.

Stoughton testified he read 6,000 pages of reports for this case. He said he had billed 35 hours of work. If he had done nothing but read reports, which obviously that’s not all he would have done, he would have to have read more than 171 pages per hour.