Minnesota News Network

One big question hanging over the Derek Chauvin trial was answered this morning when Chauvin said he would invoke his fifth amendment right–and will not testify. Chauvin was asked by his attorney Eric Nelson: “I have repeatedly advised you that this is your decision and your decision alone, right?” Chauvin: “Correct.” Nelson: “I have advised you and we have gone back and forth on the matter is an understatement, right?” Chauvin: “Yes, it is.” Also today, Judge Pete Cahill ruled he will not let the state bring in just-discovered lab evidence about carbon monoxide poisoning. The state wanted to bring in the evidence that would refute Dr. David Fowler’s testimony from Wednesday that carbon monoxide poisoning may have been a factor in George Floyd’s death. The state plans to recall its witness, pulmonologist Dr. Martin Tobin. Judge Cahill issued a stern warning “if there’s anything {Tobin] wishes to add about carbon monoxide as far as environmental factors, but if he even hints at test results that the jury has not heard about, it’s going to be a mistrial, pure and simple.” Testimony is wrapping up in the case and closing arguments are expected Monday.

Defense testimony could wrap up as soon as today in the Derek Chauvin trial. The cause of George Floyd’s death remains the key issue in Derek Chauvin’s trial. The state contends that Floyd died mostly as a result of Chauvin’s deadly force. But retired forensic pathologist for the defense, Dr. David Fowler testified Wednesday that in his opinion “Mr. Floyd had a sudden cardiac arrhythmia due to his hypertensive heart disease during his restraint and subdual by the police.” But when Dr. Fowler testified that cardiac arrhythmia can result in sudden death, the state pushed back. On cross-examination, Dr. Fowler said the exact time of Floyd’s death was hard to pinpoint and prosecutor Jerry Blackwell asked if Chauvin should’ve tried to revive George Floyd in the time between when Floyd was in cardiac arrest and when he died. Dr. Fowler responded: “immediate medical attention for a person that’s gone into cardiac arrest may well reverse that process.” Blackwell: “Do you feel that Mr. Floyd should’ve been given immediate emergency attention to reverse the cardiac arrest?” Dr. Fowler: “As a physician, I would agree.”
Also on Wednesday, Dr. Fowler testified that he would rule George Floyd’s manner of death undetermined. The Hennepin County Medical Examiner ruled Floyd’s death a homicide. Dr. Fowler also testified that carbon monoxide poisoning from the police squad vehicle may have been a factor in George Floyd’s death, explaining,”[Floyd’s] face was facing towards the vehicle, towards the rear of the vehicle, and directly towards the area where you would expect the tailpipe, or tailpipes of the vehicle to be.” Blackwell asked Dr. Fowler if he’d seen any air monitoring data about what amount of carbon monoxide, if any, had been in George Floyd’s breathing zone. Dr. Fowler responded: “No because it was not tested.” Blackwell: “You haven’t seen any have you?” Dr. Fowler: “I have not seen any data.” As the defense gets ready to wrap up its case, the big question remains–will Derek Chauvin testify in his own trial?

Testimony continues today in the Derek Chauvin trial. Defense use of force expert Barry Brodd on Tuesday testified that in his opinion, Derek Chauvin did *not* use deadly force on George Floyd. Brodd said he “felt that officer Chauvin’s interactions with Mr. Floyd were following his training, following current practices in policing and were objectively reasonable.” That directly contradicts several witnesses for the state who testified that Chauvin’s actions were unjustified. Prosecutor Steve Schleicher went after Brodd’s testimony after showing pictures and playing video of Chauvin on top of Floyd. Schleicher said Floyd was “not resisting, he’s not talking, it’s not possible is it?” Brodd: “To do what?” Schleicher: Resist.” Brodd: “I think it’s definitely possible to resist.” Schleicher: “when you’ve passed out? He’s not doing it here is he?” Brodd: “Not when he’s passed out, no.” The state is arguing that Chauvin used deadly force in more than nine minutes of restraining Floyd and Schleicher asked Brodd: “the only struggling that you saw Mr. Floyd doing after he was restrained is struggling to breathe right?” Brodd: “I don’t know if he was struggling or was he struggling to catch his breath, I can’t tell.” Schleicher: “In any event, struggling to breathe is not active resistance is it?” Brodd: “To me, no, to the officer it may be.” Brodd also testified said when it comes to use of force, police may engage in “oneupsmanship” adding “police officers don’t have to fight fair, they’re allowed to overcome resistance by going up a level.” On cross-examination, Schleicher questioned Brodd about Minneapolis police use-of-force policy: “did you see the term or phrase “oneupsmanship” anywhere in this policy?” Brodd: “No.”

The defense is expected to begin its case today in the Derek Chauvin trial. Judge Pete Cahill says Morries Hall will take the stand today. Hall has indicated he plans to invoke his 5th amendment right against self-incrimination. Hall was with George Floyd in the moments before Floyd died. Defense attorney Eric Nelson on Monday argued that Hall’s testimony is essential and “I also believe that Mr. Chauvin has a right to confront any witnesses that would be available to him, including trying to build his defense through those types of witnesses.” But Judge Cahill ruled that statements made to investigators in the aftermath of Floyd’s death were not admissible, adding “since there are witnesses [who] have testified to what Mr. Floyd looked like at the time, I don’t think that the rules of evidence must give way completely to any claim of this evidence as necessary for a complete defense.” Hall has been accused of providing George Floyd with the fake $20 he used at Cup Foods on May 25th, 2020 and of selling drugs to Floyd. Hall has denied those accusations. Judge Cahill says it’s possible the defense will wrap up its case later this week, and jurors may get Friday off before attorneys come back for closing arguments next Monday.

Judge Pete Cahill this morning denied the defense’s request to sequester the Derek Chauvin jury in the wake of last night’s deadly shooting in Brooklyn Center and its aftermath. Defense Attorney Eric Nelson argued, “there was some fairly extensive civil unrest that occurred, I would note for the court that we have at least one juror who’s a resident of that particular city [Brooklyn Center].” The defense also argued that the events of last night may put the Chauvin jury more ill at ease, but Judge Cahill said “I think sequestering them would only aggravate that, “oh I heard about the civil unrest and the judge is putting us into sequestration, there must be a great threat to our security.” Judge Cahill said the jury will be sequestered after closing arguments, which could happen next Monday. Also today, Chicago cardiologist Dr. Jonathan Rich testified for the state that in his opinion, “in this case, Mr. George Floyd died from a cardiopulmonary arrest, it was caused by low oxygen levels and those low oxygen levels were induced by the prone restraint and positional asphyxiation that he was subjected to.” The defense is trying to make the case Floyd may have died as a result of a heart condition and drug use, not because of Chauvin’s actions. But today Dr. Rich testified that could “state with a high degree of medical certainty that George Floyd did not die from a primary cardiac event and he did not die from a drug overdose.”

It’s day nine of testimony in the Derek Chauvin trial. The state called its first medical expert witness of the day–Dr. Martin Tobin specializes in pulmonology and breathing. Dr. Tobin testified today that “Mr. Floyd died from a low level of oxygen and this caused damage to his brain that we see and it also caused a PEA arrhythmia that caused his heart to stop.” Dr. Tobin added, “the cause of the low level of oxygen was shallow breathing, small breaths, small, tiny volumes, shallow breaths that weren’t able to carry the air through his lungs.”Based on the video evidence he’s seen, Dr. Tobin cited the handcuffs, Floyd’s prone position in the street, and the officers’ knees on Floyd’s back and neck as factors in Floyd’s inability to breathe. Tobin testified that in its prone position, the left side of Floyd’s body was like it was “in a vice” the way he was being pressed into the street by officers. Key expert testimony today in the Derek Chauvin trial. Several times during his restraint, Floyd said “I can’t breathe.” On cross-examination, defense attorney Eric Nelson asked Dr. Tobin, “if a Minneapolis police Lt. who trains Minneapolis police officers testified that it is frequently said and trained to police officers that a person can talk a person can breathe, you would have a problem with that?” Tobin replied, “Yes, I mean they’re able to breathe at that moment in time, but 10 seconds later they may be dead.”  During a key moment in his testimony, while watching video of Chauvin on top of Floyd the moments before his death, Dr. Tobin testified about Floyd “you can see his eyes, he’s conscious and then he isn’t, that’s the moment the life goes out of his body.”