Watch Live: MN v. Kim Potter Trial Day 7 - Arguments Outside The Presence Of The Jury

Live Coverage: Former Cop Kim Potter Trial - Death of Daunte Wright

Happening In Court, Defense Case:
Arguments Outside The Presence Of The Jury
Stephen Ijames - Use Of Force Expert
Lunch Break
Timothy Gannon - Fmr Brooklyn Center Police Chief
Ofc. Colleen Fricke - Brooklyn Park PD
Thomas Hall - Character Witness
Frank Roth - Character Witness
Ofc Samuel Smith, II - Character Witness
Live Coverage: Former Cop Kim Potter Trial - Death of Daunte Wright

Happening In Court, Defense Case:
Arguments Outside The Presence Of The Jury

Info ON Blakely Factor:
The discussion was over the "Blakely Factors". Blakely is when the prosecution wants an enhanced (greater) sentence than the normal sentencing guidelines.
There are TWO Blakely factors submitted by the state:
1- Defendant posed greater than normal dangers to other people as she fired into the vehicle
2 - Potter abused her position of authority as a license police officer in full uniform.
State says defense agreed to have a "unitary" trial, meaning the jury would also hear about the Blakely factors. Defense said they never agreed to that and they want a "bifurcated" trial. Judge grants that. This means:
Bifurcated means to separate this issue from the guilt phase and the JUDGE will decide on the Blakely factors when/if there is a conviction and will solely be up to a judge to determine if the sentence will be enhanced.

MOTIONS:
Potter prosecutors filed two motions today after the problematic testimony from Mychal Johnson on Friday.
1 - Motion to keep defense from eliciting expert testimony from non-experts. (remember Johnson testified deadly force would have been justified)
2- Motion to permit State to elicit testimony related to union membership (Potter was Union president at one time) for the purpose of establishing possible bias in various law enforcement witnesses

Charges: Note: Both prosecutors and defense agree the shooting was an accident but prosecutors say her actions were criminally negligent.
* First-degree manslaughter (added in Sept.) - “recklessly” used a firearm - causing Wright’s death. - Up to 15 yrs in prison - In Minnesota, a person can be convicted of first-degree manslaughter if they cause the death of another while also committing a misdemeanor — in this case, reckless handling of a firearm.
* Second-degree manslaughter - requires that prosecutors prove only that the defendant acted with "culpable negligence" as the defendant consciously took actions that created an "unreasonable risk" of causing death or great bodily harm. - Up to 10 yrs in prison

Former police officer Kimberly Ann Potter, 49, stands trial for killing Daunte Wright, 20, in a disastrous traffic stop. Potter’s attorney has also said that she will testify. You can watch jury selection in the player above. Opening statements are scheduled for Wednesday, Dec. 8.

There is no dispute that Potter fired her gun. The question is whether Potter’s actions constitute first and second-degree manslaughter under Minnesota law.

As seen on body cam video from April 11, 2021, officers with the Brooklyn Center Public Department pulled over Wright for a traffic stop. Officer Anthony Luckey began to handcuff him against the driver’s side of the car. He suggested Wright was about to resist.
#DaunteWright #KimPotter

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[justmejo]

Great job on cross of the defenses expert 👍🏻

[johnhenry]

Lots of cases of criminals reversing into police cars to activate air bags and disable police cars.

[merrynorwood]

God Almighty we will be lawless without protection one day. It’s horrible that young man lost his life but she not a dirty cop like what we saw with george Floyd.

[Silly.Old.Sisyphus]

1:36:12
A: "A gunshot to the head turns off the lights.... A Taser is the second-best thing out there" That's what he said. And he wrote the police book on Taser use policy.

[rolandmartin]

The defense repeatedly call the taser a gun, is this a clever psychological ploy or is it inadvertent?

[SUS]

Resisting arrest was Daunte's fatal mistake.

[philiphavey]

Reviewing Johnson’s testimony about emptying his gun before exchanging automatics with Potter included cleaning out the chambered cartridge from the chamber of his revolver before he freed the ammunition clip, so a fully armed automatic must have been must be acceptable in Minnesota. However, ignoring the difference between a safely loaded automatic as opposed to fully armed automatic should have been pursued in depth.

[katg]

This witness seems to have been all over the world on behalf of the US as a "weapons" expert. I feel like we need a sequel to Lord of War.

[AnotherPlanetsHell]

"Was Officer Potter's _perceived_ use of a Taser consistent with … ." (Emphasis added.) Ha! Now I've heard everything.

[stevequinn]

That defense lawyer should've been removed by the judge for a certain period of time bc no matter how many times she told him about the objections he still didn't listen. He still did exactly what she told him not to do. Each & every time. Between that and how frequently he objected plus his constant coughing. He was very annoying throughout this whole trial

[PolitickinWithMel]

Anyone else catch what the defense was trying to do with her character witnesses???

[babyboysinberry]

The defendent had MANY options to secure the victim without using deadly force- especially with two other officers trying to control the scene. We have seen cops use many non-lethal forces, we know they know how to- she just chose to escalate the situation which in turn caused a car accident. She not only killed Daunte but she is responsible for the car accident, yet I'm afraid she will probably walk freely...

[paguardian]

Enjoyed watching the prosecutors flailing and lashing out endlessly as their case imploded today with the defense expert and witnesses. This is what these prosecutors get for charging the innocent officer to appease the radical mobs.

Wonder if these prosecutors will begin engaging in unethical conduct as their desperation increases? Will they be like the prosecutors in the Kyle Rittenhouse case that similarly case fell apart and ended up with the jury finding him "NOT GUILTY?"

[Silly.Old.Sisyphus]

the way this trial has proceeded is a prime illustration of the inanity and inutility of the adversarial system of justice, in which, just as in war, truth is the first casualty.

[stevespeissegger]

Based on the testimony, other evidence, and my previous experience with trials, combined with the wildcard which is the jury, I expect a conviction for 2nd degree manslaughter. Further, I expect a sentence of 5-10 years.

[junerittmeyer]

I remember a woman once saying that whilst driving during menopause she stopped her car at green lights and went through red lights. She said she was doing the opposite of everything she should do. I'm suggesting that maybe menopause or pre-menopause is the reason for the mix up by this Defendant.

[c.rogersodora]

I would like to see what you would do if you were under the stress that Potter was under.

[johnhenry]

Good for the ex chief. Sounds like a cops cop. Not a turncoat. Not woke. Not afraid. Won't bend a knee to the woke mob. Hope things turn out okay for the ex chief.

[linkjourney]

Great Day for the Defense. Effectively neutralized the Prosecutions Force Of Experts witness with their own Force of Experts Witness. Tomorrow should be a big day for the case

[lissayers]

They are talking about things that did not happen. She didn't use the taser. She used her gun. The taser looks and feels different than a gun. It clips in and out differently than a gun. She is a 26 yr cop, she was a trainer and has been trained. She should have known better. Also the cops did not know the extent of Dante Wright's past. Even though there was a weapons warrant, then they should have approached the arrest differently when they found out about the warrant and approached for the second time.