Home » Witness for the Prosecution
Category Archives: Witness for the Prosecution
Charge 1: Killing unintentionally while committing a felony.
Charge 2: Perpetrating an imminently dangerous act with no regard for human life.
Charge 3: Negligent and culpable of creating an unreasonable risk.
Guilty on all three charges.
Today, there’s some hope to speak of. If we go by the book, all the prosecution’s witnesses were correct. Former police officer Chauvin’s actions killed George Floyd. By extension, the other two officers/overseers are guilty, too, of negligence and gross disregard for life. They taunted and threatened onlookers when they weren’t helping Chauvin kneel on Floyd. Kneeling on a person’s neck and shoulders until they die is nowhere written in any police training manual. The jury agreed, and swiftly took Chauvin into custody . Yet, contrary to the testimonials of the police trainers who testified against Chauvin’s actions, this is exactly what policing has been and continues to be for Black people in America.
They approached Floyd as guilty and acted as if they were there to deliver justice. No officer rendered aid. Although several prosecution witnesses detailed how they are all trained in such due diligence, yet witnesses and videos confirm not a bit of aid was rendered. In fact, the overseers hindered a few passing-by off-duty professionals from intervening to save Floyd’s life, despite their persistent pleas. They acted as arbiters of death, like a cult. The officers all acted in character.
Teenager Darnella Frazier wept on the witness stand as she explained how she was drowning in guilt sinceshe’d recorded the video of Chauvin murdering Mr. Floyd. She couldn’t sleep because she deeply regrated not having done more to save him, and further worried for the lives many of her relatives – Black men like George Floyd, whom she felt were just as vulnerable. When recording the video, Ms. Frazier had her nine-year-old niece with her. “The ambulance had to push him off of him,” the child recounts on the witness stand. No one can un-see this incident.
History shows that her video is the most vital piece of evidence. We know there would not have even been a trial given the official blue line (lie). There would not have been such global outcry if Corona hadn’t given the world the time to watch. Plus, the pandemic itself is a dramatic reminder that “what was over there, is over here.” Indeed, we are all interconnected.
Nine minutes and twenty seconds of praying for time.
Since her video went viral last May, we’d seen footage of 8 minutes and 46 seconds of Chauvin shoving himself on top of ‘the suspect’. Now: During the trial, we got to see additional footage from police body-cameras and nearby surveillance, showing Chauvin on top of Mr. Floyd for nine minutes and twenty seconds. Through this, Dr. Martin Tobin, a pulmonary critical care physician, was able to walk the jury through each exact moment that Floyd uttered his last words, took his last breath, and pumped his last heartbeat. Using freeze-frames from Chauvin’s own body cam, Dr. Tobin showed when Mr. Floyd was “literally trying to breathe with his fingers and knuckles.” This was Mr. Floyd’s only way to try to free his remaining, functioning lung, he explained.
Nine minutes and twenty seconds. Could you breathe with three big, angry grown men kneeling on top of you, wrangling to restrain you, shouting and demeaning you, pressing all of their weight down against you?
Even after Mr. Floyd begged for his momma, even after the man was unresponsive, and even still minutes after Floyd had lost a pulse, officer Chauvin knelt on his neck and shoulders. Chauvin knelt on the man’s neck even after paramedics had arrived and requested he make way. They had to pull the officer off of Floyd’s neck. The police initially called Mr. Floyd’s death “a medical incident during police interaction.” Yes, dear George, “it’s hard to love, there’s so much to hate.” Today, at least, there’s some hope to speak of.
Last weekend I was fortunate enough to be treated to theatre tickets for Agatha Christie’s Witness for the Prosecution. The setting – London’s County Hall – was exquisite, the play sublime and the actors fabulous. An afternoon of sheer escapism, even for a die hard Christie fan like myself. Having read the short story/play many times is no replacement for seeing this on the stage. The theatre offers the opportunity to see the action from all perspectives; you can put yourself in the shoes of the defendant, the court actors and of course, the witnesses. Such a perspective vividly demonstrates the immense power of the State, not only through physical violence (although this is also evident) but through verbal dexterity. To see the defendant – Leonard Vole – on trial; so small and defenceless against the majesty of the courtroom, is thought provoking. Furthermore, this environment is staffed by legal professionals, who unlike him, understand the world in which they operate. The cut and thrust of legalistic argument performed in the play (and in modern day courts daily) conceals the sheer ferocity of authority’s attack on the individual. Remember at the time the play was written, the death penalty was still in force, and Leonard Vole is on trial for the capital crime of murder. In essence, he is openly fighting for his very life, but subjected to the machinations and mediation of professionals who openly profess to be seeking justice. When he tries to speak, to argue, to cajole, he is silenced. There is no place for the defendant’s perspective unless it is expressed via the mandated professional who speaks on his (or her) behalf.
In the twenty-first century (and indeed, for the latter part of the twentieth century), capital punishment in the UK has not been a sentencing option. Whilst defendants may not be faced with a possible date with the hangman, the finality of sentencing and punishment is no laughing matter. Whilst there is no doubt that dramatic denouements have their place in the theatre, in the serious business of the criminal courts such antics seem out of place. If we look at the criminal court as a theatrical scene, we start to observe all manner of incongruity (cf. Carlen, 1976). For starters; the language used and the costumes worn. For anyone that has ever grappled to understand the works of Shakespeare or the Brontë’s, such reading requires patience and perseverance to understand the beauty of such writing. In 2018, we would not request that our surgeons operate on us without the benefit of anaesthesia, neither would we want to be treated with procedures such as bloodletting or trepanning. Similarly, we don’t expect soldiers to carry muskets or form into schiltrons just because that’s how it used to be. Yet we accept and arguably, expect our courts to run as if they were stuck in time. What chance does the individual defendant have in this archaic, theatrical setting? After all, they are the star of the show, yet they have neither costume, nor the opportunity to learn their lines. It is hard to argue, that such practices are conducive to the pursuit of justice.
On the surface, going to the theatre appears to offer a pleasurable break from academia, yet the reality is it offers the opportunity to consider criminology from a novel perspective. Reading (and you all know how keen I am on reading!!) is only part of Criminology; talking, listening, thinking and exploring away from the classroom are equally important. My advice; get out, explore – the arts; theatre, cinema, literature, museums – and add this experiential knowledge to your academic studies. See things from a different perspective and unleash your Criminological Imagination (Young, 2011).
Carlen, Pat, (1976), ‘The Staging of Magistrates’ Justice,’ The British Journal of Criminology, 16, 1: 48–55
Christie, Agatha, (2018), Witness for the Prosecution, Directed by Lucy Bailey. London County Hall, [11 February 2018]
Young, Jock, (2011), The Criminological Imagination, (London: Polity)