MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 #17 - Chauvin Trial Day 14

[tlcya]

honestly, this is a red herring and will only serve to further confuse the jury. I think the state is erring attempting to introduce this evidence now. MOO it gives the "maybe exhaust killed him" theory more life than it warrants by going this far to refute it.

 

[missy1974]

I think that it is important information.. BUT.. ugggh, why is it only coming up now. This will/can be an appeal issue. I would be concerned about what else they didn't hand over.

 

[turaj]

it does seem that the state should have dug for those numbers in Feb. so judge is probably not going to allow this...however it should be known by the jury but probably will not be.

 

[JerseyGirl]

Eric Nelson tells Judge Cahill he received the newly discovered evidence at 7:53 a.m. He says Dr. Fowler is currently on an airplane.

https://twitter.com/anavilastra/status/1382703696153305090?s=21

Nelson: The point being is...the state has had more than sufficient notice, Dr. Fowler is opining that this could have played a role in his report, he says and suggests that for completeness, it should have been tested or should be tested.

EN: The bottom line is...this is information that has been within the state's control, the state has had ample notice that this could have played a part of Dr. Fowler's testimony. It is incredibly prejudicial to the defense at this point now…

Nelson says he received Dr. Martin Tobin’s rebutal points last night.

 

[Lemon Drop]

THIS is the smoking gun!!!!!!

I am confused...

 

[Rhozwen]

Why do I feel like the judge will deny letting this come in?

I feel the same. IMO Dr. Fowler opened this door with his exhaust theory, so I would think it should be part of the rebuttal of the state. But it's not necessarily new information. So will be interesting to see how the judge rules.

 

[turaj]

THIS is the smoking gun!!!!!!

smoking gun that jury will NOT know about...judge is going to not allow it in.

 

[bluebird69]

This strikes me as very odd.

 

[tlcya]

Why do I feel like the judge will deny letting this come in?

Because Nelson's argument is sound. Hate to give it to him because I am not a fan, but this should not come in.

It is a ridiculous concept and this gives it way more life than it deserves.

The judge should deny this motion MOO

 

[Katerz]

Lawd I need coffee.

 

[turaj]

I knew Dr. Tobin would be back.

 

[Tippy Lynn]

The state had this information and had ample time to test it and what not, but never did. Now the state wants to bring it in. Judge needs to deny this motion.

 

[Niner]

Cathy Russon
@cathyrusson
·
42m
#DerekChauvinTrial - We expect at least one more defense witness this morning and do not yet know if Chauvin will take the stand. The state will be allowed a rebuttal case if they choose. Closing arguments Monday.




BREAKING: #DerekChauvin will NOT testify.

Defense is going to rest without calling further witnesses.

link: https://twitter.com/cathyrusson


Paul Blume
@PaulBlume_FOX9
·
13m
ON THE RECORD: Judge Cahill is on the bench. Derek Chauvin now taking the mic.

BREAKING: #DerekChauvin answering questions from his defense attorney Eric Nelson right now about whether he will testify or not.

BREAKING: #DerekChauvin WILL NOT TESTIFY. Invoking his 5th amendment privilege against self-incrimination. Jury not in courtroom for this process.

Judge Cahill debriefing with #DerekChauvin right now about his decision not to testify. Pointing out it is absolutely Chauvin's right to invoke his 5th Amendment privilege. It sounds like defense has no plans to call anymore witnesses. They will rest in front of the jury.

Ok. Let's catch up while we wait for #DerekChauvinTrial jury:

Chauvin will NOT testify
Defense will rest its case
State will call rebuttal witness on some medical testimony
Judge Cahill just hinted something about "new evidence" related to CO testing


Apparently, state with help from Henn Co Medical Examiner, Dr. Andrew Baker found some blood testing work that seems to shed new light on carbon monoxide levels in #GeorgeFloyd at time of death. Defense expert Dr Fowler hinted CO might have played role in Floyd's death.

link: https://twitter.com/PaulBlume_FOX9

 

[AC's Grandma]

I don't approve of the state's delay in providing the defense with information until the last minute. It's been a common situation in this trial. I would definitely agree with Nelson on this being unacceptable and the court should be of the same opinion. JMO

 

[Boodles]

Oh my what a collosial mistake by Nelson...98% is excellent number. No compromise at all due to Carbon Dioxide.

Do you mean carbon monoxide? I’m confused, too.

 

[JerseyGirl]

N: Now the fact that there is a differing opinion that it's a cardiac event instead of a hypoxic event is...Again the state has had ample notice it's not rebutting. It's just simply reintroducing what Dr. Tobin has already testified to extensively.

https://twitter.com/anavilastra/status/1382704856453033984?s=21

N: Again, I believe that he has already extensively testified to his position as to the narrowing of the hypopharynx. Whatever this additional research is, I have been provided with a single journal article, relevant to the treatment of COVID patients…

 

[ElizaKate]

https://twitter.com/anavilastra/status/1382702192130465798?s=21

Blackwell says the test was run the night of May 25, 2020, but they didn’t receive this as part of their request.

Judge Cahill asks if Dr. Baker “spontaneously” reached out to the state.

Blackwell says Dr. Baker heard Dr. David Fowler’s testimony on CO poisoning yesterday.

JB says Dr. Baker “...thought that this record might exist because...he was aware that there's a panel of the tests that are run by the machine.”

Ooo this is interesting.

Does the defense team not have an obligation to fully investigate any alternative theories they're putting forward..so if they wanted to put forward CO poisoning are they not obligated to look into whether there's evidence that would support/rebut that theory? Put simply could they not have asked the ME themselves at the time if those tests were done?

 

[bluebird69]

The state had this information and hand ample time to test it and what not, but never did. Now the state wants to bring it in. Judge needs to deny this motion.

This unreal. Why are they contantly moving the goalposts? Bad form.

 

[Rhozwen]

I am confused...

Yesterday's witness included in his testimony that carbon monoxide could have been a contributing cause and estimated how much carbon monoxide was in GF's blood. (I believe somewhere around 12-15%) Dr. Baker(medical examiner who conducted autopsy) contacted the state because the night GF was in the ER a panel of blood tests were taken, one of them showing GF's oxygen % in his blood. It was 98% so there could have only been ~2% of carbon monoxide in his blood at the time of the test.
These tests were already part of evidence, but it was not caught that the oxygen level in the blood sample would show it was not possible to have more than 2% of Carbon Monoxide.

That's what I am understanding.

 

[Factoria]

Perhaps I'm just confused by differing terminology, but... If GF's blood gas O2 saturation level was 98%, doesn't that directly refute the State's claim that the cause of death is low oxygen?!?! Dr. Tobin professed that GF 'didn't have an ounce of oxygen' left in his body, iirc.