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

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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…

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.
Paul Blume
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.


Cathy Russon
#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.


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.

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.
Hang on, I thought the state didn't know either. Dr Baker saw yesterday's testimony and went back to see if it was tested. it was, he bought it forward. No delay in giving over evidence...
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.
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.
So they got 2 out of 4 for rebuttal?
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
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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.

They’ll reconvene at 10:15 a.m.

The defense will rest & the state only plans to call Dr. Tobin for the rebutal.
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.
yes defense will rest...seems like an admission they have nothing.
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.
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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