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

Discussion in 'Trials' started by Tippy Lynn, May 26, 2020.

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  1. AC's Grandma

    AC's Grandma Well-Known Member

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    It sounds like the judge is not going to allow the testimony about the carbon monoxide, the state had sufficient time to address and plan for it. IMO
     
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  2. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

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    Judge Cahill says Dr. Fowler’s report released in February gave the state ample notice.

    JC: It's just by serendipity that Dr. Baker calls the same day & says all by the way, it does exist…it seems to me very odd. I'm not claiming any bad faith on the state's part…

    https://twitter.com/anavilastra/status/1382708136700735490?s=21

    JC: Dr. Tobin will not testify as to those lab results, if there's anything he wish to add about CO as far as environmental factors, but he if he even hints that there are test results, the jury has not heard about, it's going to be a mistrial, pure and simple.

    ..but it seems odd that Hennepin County Medical Center, when they're asked to turn over all their records that they don't include records that maybe are just buried a little deeper.”

    Judge Cahill suggest HCMC should check their procedures in case it happens again.
     
  3. Niner

    Niner Long time Websleuther

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    Paul Blume
    @PaulBlume_FOX9
    ·
    6m
    Defense attorney Eric Nelson says this "new" blood evidence that has surfaced overnight in relation to #GeorgeFloyd CO levels should NOT be presented to the jury. Nelson says he will argue for a mistrial if the jury sees these test results taken at time of Floyd original autopsy.

    link: https://twitter.com/PaulBlume_FOX9



    Cathy Russon
    @cathyrusson
    ·
    22m
    #DerekChauvinTrial - Blackwell wants to introduce new evidence from Dr. Baker regarding the carbon monoxide testimony of Dr. Fowler yesterday. Blackwell says no one had tested carbon monoxide in #GeorgeFloyd blood because they thought it wasn't relevant.

    Blackwell.jpg


    Medical examiner Dr. Baker watched Dr. Fowler's testimony yesterday and then contacted the prosecution. Blackwell says there is a test that was done on GF blood that would have a value of carbon monoxide and wants to enter that as evidence.

    Nelson says the state had plenty of time to raise doubts about the carbon monoxide issue and are only now choosing to do so. Judge reserving ruling for a moment. Now Nelson says he recd a 1 page report last night from Dr. Tobin,

    Nelson recd a report through the state from Dr. Tobin last night wanting to rebut Dr. Fowler's testimony. Nelson says the areas that Tobin wants to testify to is not properly rebutting Fowler's testimony, saying Tobin has already testified to these things.

    link: https://twitter.com/cathyrusson
     
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  4. tlcya

    tlcya Old and Tired Websleuth

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    Good ruling on the Judge's part. The state will now have to walk a very thin line with Tobin's rebuttal of Fowler's testimony but he cannot make reference to the "newly discovered" evidence in the form of lab results from GF's remains.

    Fowler's references to the DeMayo study can be refuted by Tobin.
     
  5. AC's Grandma

    AC's Grandma Well-Known Member

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    Dr. Tobin not allowed to testify about the lab results. It will be a mistrial if Dr. Toobin discusses the anything about the lab results that were not previously disclosed by the state.
     
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  6. Katerz

    Katerz Verified Insider/Robert Wiggins

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    No new test results will be mentioned or it will end in mistrial
     
  7. AC's Grandma

    AC's Grandma Well-Known Member

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    The state was at fault by not obtaining that information and plan for their witness to testify to the tests when they were informed in February about Dr. Fowler addressing it.
     
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  8. Lemon Drop

    Lemon Drop Well-Known Member

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    Oof. The State should just have let this one go and let the trial continue. Now, trial is going to be jeopardized.
     
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  9. Algo214

    Algo214 Well-Known Member

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    Biased Judge is biased.
    So why allowing a full on expert testimony on car exhausts but not a question about death.

    I do agree the tests are untimely prejudiced in a way though.
     
  10. Tom_Servo

    Tom_Servo Well-Known Member

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    Proper decision by the judge. There was no bad error by Nelson and clearly no smoking gun.
     
  11. Katerz

    Katerz Verified Insider/Robert Wiggins

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    So they got 2 out of 4 for rebuttal?
     
  12. dixiegirl1035

    dixiegirl1035 I will do it, but I won't like it

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    Mr. Blackwell JUST misrepresented... and Nelson caught.

    Oxygen saturation DOES NOT give methemoglobin derivation! MOO

    Methhemoglobin cannot be derived MOO from such. The nurse will KNOW such. MOO.

    ETA: Defense just saved the state from a VERY embarrassing and impactfully NEGATIVE and incorrect judgement.. and would be nailed on response from the defense.

    I don't think the prosecution understood, and the phone call was misleading MOO
     
    Last edited: Apr 15, 2021
  13. JerseyGirl

    JerseyGirl Forum Coordinator Staff Member Forum Coordinators

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    Judge Cahill: I don't have to remind both sides that the purpose of rebuttal evidence is not to restate what has already been testified to is to bring up new evidence to rebut something that came up in the other side's case.

    Judge Cahill just finishing laying out the ground rules to Dr. Tobin’s rebuttal testimony.

    https://twitter.com/anavilastra/status/1382709228075425792?s=21

    They’ll reconvene at 10:15 a.m.

    The defense will rest & the state only plans to call Dr. Tobin for the rebutal.
     
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  14. tlcya

    tlcya Old and Tired Websleuth

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    ready to start up at 10am. Blackwell is not getting extra time to get Tobin into the building.

    Blackwell asks for 10:15 court start time and gets it.
     
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  15. missy1974

    missy1974 Well-Known Member

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    is the defense done????
     
  16. Tom_Servo

    Tom_Servo Well-Known Member

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    Contrary to thinking this was about to be some big win for the state this feels like a major misstep by the state. I get the feeling the state should have just let this go and moved on.
     
  17. turaj

    turaj Well-Known Member

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    yes defense will rest...seems like an admission they have nothing.
     
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  18. Rhozwen

    Rhozwen Well-Known Member

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    Jugde wanted to give Blackwell only 2 minutes to talk with Tobin before his is is on stand? Glad Blackwell asked for more time. That was odd.
     
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  19. AC's Grandma

    AC's Grandma Well-Known Member

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    Yes, they are resting their case this morning.
     
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  20. tlcya

    tlcya Old and Tired Websleuth

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    really counting on Tobin to mind his answers carefully and not stick foot in mouth and cause mistrial. I do believe this is a case the state is winning, it would be a shame for it to end in mistrial.
     
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