Derek Chauvin is on trial for George Floyd’s death

A lot happened in the trial of ex-Minneapolis police officer Derek Chauvin today: The judge denied the prosecution’s request to present “new evidence,” both sides rested and the jury went into recess for a long weekend.

If you’re just reading in now, here’s how the morning unfolded:

After a dramatic morning in the trial of Derek Chauvin, the prosecution and defense have rested. The jury returns on Monday at 10 a.m. ET.

Following the rebuttal testimony from Dr. Martin Tobin, a pulmonologist, both the defense and prosecution rested.

Closing arguments are set for Monday.

Dr. Martin Tobin testifies on Thursday, April 15.

Dr. Martin Tobin, a pulmonologist, said during rebuttal testimony that the opinion of defense expert witness Dr. David Fowler regarding George Floyd’s potential level of carbon monoxide in his blood was “simply wrong.”

He was just cross-examined by the defense.

The jury was not present during discussion about the prosecution potentially introducing new evidence about George Floyd’s carbon monoxide blood levels, legal analyst Laura Coates explained. Judge Peter Cahill ruled that the prosecution cannot use this new evidence in their rebuttal case.

“That seed of reasonable doubt has not been planted,” she said.

The judge reached a compromise with the prosecution that they can discuss George Floyd’s oxygen levels instead, but they cannot bring up the test results at all or a mistrial will be ruled.

“Judges don’t want to give the prosecutors two bites at the apple. They don’t want redundant testimony. If you could have raised it earlier, you should have, you had the chance, sit down. This time the prosecution is saying that when Dr. Fowler raised the issue of carbon monoxide poisoning, and although we had some semblance of what the theory might be, you presented some new theories, ‘So, we’re not asking for a second bite of the apple, Your Honor, we want a first bite of at the apple based on this new theory.’ The problem is the prosecution made a mistake. They did not take seriously the thought of carbon monoxide poisoning as potentially being a viable claim to be raised by this doctor. They may have overlooked the data and did not present it through their own witnesses to rebut and preempt this,” Coates continued.

Dr. Martin Tobin, left, testifies on Thursday, April 15. Dr. David Fowler, right, testifies on April 14.

Dr. Martin Tobin, a pulmonologist, said during rebuttal testimony that the opinion of defense expert witness Dr. David Fowler regarding George Floyd’s potential level of carbon monoxide in his blood was “simply wrong.”

Tobin said medical records showed Floyd’s oxygen saturation was 98% when he died. Prosecutor Jerry Blackwell asked him: “Does that tell us anything whatsoever about what the carbon monoxide content could have been at a maximum?” 

Tobin said: “Yes, it does. It tells us that if hemoglobin is saturated at 98%, it has – for others is 2%. So the maximum amount of carbon monoxide would be 2%.” 

Why this is important: Dr. Fowler testified that it was possible that carbon monoxide ingestion could have been one of the causes of Floyd’s death. He based this on observations of Floyd being pinned on the ground near the tailpipe of the police cruiser that officers were trying to get him into. Fowler acknowledged that he had not seen any data on Floyd’s carbon monoxide levels prior to testifying.

During his testimony Fowler said that it was his opinion that Floyd’s carbon monoxide levels in his blood could have increased by 10% to 15%. Tobin said that assessment is “simply wrong.”

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02:27 - Source: CNN

As the prosecution recalled Dr. Martin Tobin as a rebuttal witness at the Chauvin trial, CNN legal analyst Laura Coates says the pulmonologist will have to be on the “on the shortest, tightest leash possible” to ensure the judge does not declare a mistrial.

Tobin previously testified that it was his opinion that George Floyd died from low oxygen levels, and he will now be rebutting the testimony of defense expert witness Dr. David Fowler, a retired forensic pathologist.

“The judge has been very clear he will declare a mistrial because any hint, any suggestion or mention of the Hennepin County data will be prejudicial to a defendant who gave notice through their witness expert about a theory of carbon monoxide poisoning. And they did not have the data disclosed to them in time to be able to potentially fully flush it out or to recoil on their own theory,” Coates explained.

She added:

“Appellate courts have no tolerance for prosecutors who do not disclose information in a timely fashion and try to get it through a rebuttal witness. And so, this prosecution team is going to have to be extraordinarily prudent. And I hope that this witness, as informative as he is, can stay ton that leash.”

The risk is that witnesses can be like wild cards, just like jurors, Coates explained.

“I don’t care if you are the most seasoned expert testifying witness. Sometimes they do not understand the implications of their slip-ups or making a statement … Defense attorneys are always on guard with this very point,” she said. “In the event of a conviction, they want to have their ducks in a row of how they can seek an appeal to overturn based on, especially, prosecutorial misconduct or any allegations based on that.”

Dr. Martin Tobin testifies on Thursday, April 15.

The prosecution has called Dr. Martin Tobin, a pulmonologist, as a rebuttal witness at the Chauvin trial.

Tobin is rebutting the testimony of defense expert witness Dr. David Fowler, a retired forensic pathologist.

Tobin previously testified that it was his opinion that George Floyd died from low oxygen levels.

Defense attorney Eric Nelson just rested the defense’s case in the Derek Chauvin murder trial.

Prior to that, Chauvin declared in court that he would invoke his Fifth Amendment privilege and not testify.

What happens next: The prosecution is expected to call one rebuttal witness today.

After the defense rests its case, Judge Peter Cahill will allow the prosecution to call a witness to rebut some of the testimony by defense expert witness, Dr. David Fowler. But the judge said that he will limit what the witness can testify about.

During a court proceeding this morning prior to the jury coming in, both sides argued over the rebuttal testimony.

Prosecutor Jerry Blackwell told the judge that the prosecution had new evidence to present regarding carbon monoxide in George Floyd’s blood. Yesterday, Dr. Fowler, a retired forensic pathologist, said it was possible that carbon monoxide ingestion from the tailpipe of the car that Floyd was pinned on the ground near could have contributed to his death.

Defense attorney Eric Nelson said he opposed allowing the prosecution to present this evidence and call its rebuttal witness. Nelson argued that the disclosure of these new test results was untimely. He said that he only received the information last night after court had wrapped for the day.

The prosecution indicated in court that the witness they will call to rebut Fowler’s testimony is Dr. Martin Tobin, a pulmonologist that testified at trial that Floyd died of “low oxygen levels.”

The judge ruled that Tobin can testify however, he is not allowed to tell the jury about the test results. He said that any mention of these records will result in a mistrial.

Moments ago, Derek Chauvin told the court he would not testify in his own defense in the George Floyd murder trial. 

Chauvin invoked his Fifth Amendment right when he chose not to testify.

According to the White House, the Fifth Amendment “provides that citizens not be subject to criminal prosecution and punishment without due process.”

Here’s the full amendment:

Ex-Minneapolis Police officer Derek Chauvin just said he will invoke the Fifth Amendment and not testify at his murder trial.

The defense also does not have the burden of proof, she added.

“He never had the burden to prove his innocence. It always remained with the prosecution. And now, the jury will be instructed, per his request, that they are not to draw any inference from his decision not to testify,” Coates explained.

Defense attorney Eric Nelson just explained to his client that he has the right to testify at the trial. Derek Chauvin just said that he will invoke the Fifth Amendment and not testify.

Here was their exchange:

Nelson: Have you made a decision today, whether you will attempt to testify, or whether you intend to invoke your Fifth Amendment right? 

Chauvin: I will invoke my 5th amendment privilege today. 

The judge then asked Chauvin if the decision was his. He said it was.

See the moment:

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02:50 - Source: CNN

The 14th day of testimony is set to begin soon in the murder trial of former Minneapolis police officer Derek Chauvin.

Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter in the death of George Floyd, who died in May 2020 after Chauvin placed his knee on Floyd’s neck while he pleaded, “I can’t breathe.”

Yesterday, Maryland’s former chief medical examiner testified for Chauvin’s defense that Floyd died due to his underlying heart disease — not the police restraint.

That testimony cuts at the prosecution’s argument, bolstered by five separate medical experts, that the primary cause of death was Chauvin’s restraint of a handcuffed Floyd in the prone position — known as “positional asphyxia.” To get a guilty verdict, prosecutors have to prove that Chauvin’s actions were a “substantial causal factor” in Floyd’s death.

The idea that carbon monoxide poisoning may have contributed to George Floyd’s death is “completely ludicrous,” Dr. Cyril Wecht, a forensic pathologist and attorney, said yesterday. 

Dr. David Fowler, the retired Chief Medical Examiner for the state of Maryland, testified in the trial of former Minneapolis Police Officer Derek Chauvin Wednesday, saying that carbon monoxide from the police car may have decreased Floyd’s ability to breathe.

Wecht added that carbon monoxide poisoning can cause a “pinkish-red” discoloration of the body, which was not described in Floyd’s case. 

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01:57 - Source: CNN

The jury in Derek Chauvin’s trial has heard from multiple witnesses so far, and they’ve been shown bystander and police footage of George Floyd’s final moments. 

If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter. The charges are to be considered separate, so Chauvin could be convicted of all, some or none of them.

While the jurors are unnamed and not seen on camera, we do know basic details about them.

Here’s what we know about the jury:

Read more about about the jury here.

Maryland’s former chief medical examiner testified for Derek Chauvin’s defense on Wednesday that George Floyd died due to his underlying heart disease — not the police restraint.

Floyd had narrowed coronary arteries, known as atherosclerosis, and an enlarged heart due to his high blood pressure, or hypertension, Fowler said. Floyd’s fentanyl and methamphetamine use and a tumor known as a paraganglioma were other significant conditions that contributed to his death, he said.

Fowler also put forth a novel argument that carbon monoxide from the squad car’s exhaust may have contributed to his death.

In all, he said Floyd’s death should have been classified as “undetermined,” rather than a homicide, because there were so many competing causes.

The testimony cuts at the prosecution’s argument, bolstered by five separate medical experts, that Floyd’s primary cause of death was Chauvin’s restraint of a handcuffed Floyd in the prone position — known as “positional asphyxia.” To get a guilty verdict, prosecutors have to prove that Chauvin’s actions were a “substantial causal factor” in Floyd’s death.

Watch:

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01:06 - Source: CNN