Premeditation: to consider and plan beforehand.
{The Merriam-Webster Dictionary}
Premeditation: means to consider, plan or prepare for, or determine to commit, the act referred to prior to its commission.
{Minn. Stat. 609.18}
A finding of premeditation does not require proof of extensive planning or preparation to kill, nor does it require any specific period of time for deliberation. However, the state must prove that, after the defendant formed the intent to kill, some appreciable time passed during which the defendant considered, planned, prepared, or determined to commit the act. {State v. Leake, 699 N.W.2d 312 (2005)}
[Very contradictory language]
What's premeditation on a logical level? Is it not premeditated murder to cuff a man behind his back, lay him flat on his chest against rock hard pavement, and then place a knee on his neck with more than 147 pounds of body weight? Is it not premeditated murder to keep a knee on a man's neck for 8 plus minutes, while this man cries he cannot breathe and cries for his mother until he is silenced by the grips of death? By English language definition, Minnesota statute, and Minnesota case law this incident is premeditated murder. 8 minutes of slow murder with no respite or recourse is premeditated.
Is it not premeditated murder to pull a gun, hold the gun, aim the gun while yelling taser, then pull the trigger and take a life? Every excuse and benefit is provided and accepted when a white person commits premeditated murder against a black or brown person.
What's premeditation on a logical level? Is it premeditation to react with split decision impulse? Is it premeditation to react with split decision protection or a split decision impulse to survive? Minnesota along with the rest of the United States has a policy to over charge black and brown men with the harshest and highest charges available.
I sit in a maximum security prison charged with four counts of aiding and abetting "premeditated" murder solely on the bases of paid jailhouse informant testimony and the prosecutions knowing and intentional use of false fabricated forensic evidence. I was sentenced to life without parole for my first and only felony conviction in a Hennepin County, Minnesota courtroom. The prosecution on the record, in essence, stated that their evidence does not prove who fired the shot that unfortunately took a young black man's life.
The prosecution on the record stated at the end of his case in chief that: ["It is clear from the evidence that if the fatal shot wasn't fired by this defendant, this defendant clearly was aiding the people who were beating him up, started the gun fire and who put a 38 or I mean, who put a bullet into his head."]
My trial counsel Barry V. Voss rebutted with: ["It is unfair for my client facing these serious charges without knowing specifically what the evidence is other than somebody else may have caused this death."] (in part) (See attached).
I'm the only one ever charged or wrongfully convicted and sentenced to life without parole for aiding and abetting "premeditated" first degree murder involving this incident. If the prosecution can honestly state that the evidence is not clear on who, when, or where a bullet was fired from that took a life, where is premeditation? By definition that's reasonable doubt.
So what's premeditation? Is being a young black or brown male premeditation? Is being accused of a crime as a black or brown male premeditation? It appears that way on record of the criminal justice system in Minnesota, in America. The contrast is, when a white person murders a black or brown person, it is never seen or criminally charged as premeditated. When a black or brown person murders a white person or in most instances, another black or brown person, the charges are premeditated and gang related. The highest charge, steepest penalty, longest sentence is ambitiously, vigorously, and viciously sought after when the defendant is of black or brown skin tone. What's premeditation?
This is not written from a black man asking for racial injustice self-pity. This is written from a black man with the intention on making changes. This is written from a black man whose reality is the statements and questions presented. I declined a 13 year plea deal sentence for unpremeditated aiding and abetting murder and this is the end result. I'm not the premeditated murder cause of his physical life ending.
Sincerely,
Jerrell M. Brown
