George Floyd: Derek Chauvin says he will not testify during the trial while the defense rests

Chauvin, who spoke into a microphone before the jury entered court, said it was his decision and his decision alone not to testify. Interrogation of his lawyer Eric Nelson suggested a tense internal debate on the issue.

“I advised you, and (to say it) we went back and forth on the matter, it would be an understatement, wouldn’t it?” Ask Nelson.

“Yes, it is,” Chauvin said.

If he chose to testify, prosecutors would be allowed to cross-examine him.

The defense rested its case Thursday morning.

Prosecutors then called dr. Martin Tobin, the lung doctor who testified last week, called to take a stand again as part of a rebuttal against the defense’s medical expert.
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The former Minneapolis police defense team has called seven witnesses in their attempt to acquit Chauvin on charges of murder and manslaughter. An expert on violent police use testified Tuesday that Chauvin’s self-control of Floyd was “justified,” and a forensic pathologist testified Wednesday that the cause of Floyd’s death was “indefinite” and said his underlying heart issues were the main causes. .

“In my opinion, Mr. Floyd had a sudden cardiac arrhythmia or arrhythmia due to his atherosclerosis and hypertensive heart disease … during his reluctance and subdual by the police,” said Dr. Floyd. David Fowler, a retired forensic pathologist, said at the end of 2019 as Maryland’s chief medical examiner.

Fowler also put forward a new argument that carbon monoxide from the group’s exhaust may have contributed to Floyd’s death – a theory that he admits he could not support with any data or test results.

Former medical examiner says George Floyd died of heart disease - not Derek Chauvin

Prosecutors told the court Thursday morning that they had only become aware the night before of the results of “blood gas readings” showing that Floyd’s carbon monoxide levels were normal. However, Judge Peter Cahill said the test results were not allowed because they had previously noted that Dr. Fowler will present his theory on carbon monoxide.

“It is untimely to give notice this morning and will harm the defense by the late announcement, even if it is not due to bad faith,” Cahill said.

Several other defense witnesses testified about Floyd’s drug use, especially during a previous arrest in May 2019 in which he was taking opioids when police approached him in a vehicle.

The witnesses advanced the defense’s three main arguments in the case: that Floyd died of drug and health problems, that the use of Chauvin was ugly but appropriate, and that a hostile crowd of diversion distracted Chauvin’s attention.
The prosecutor settled his case Tuesday morning after calling 38 witnesses over 11 days. Prosecutors wanted to prove that Chauvin used excessive and unreasonable force when he knelt on Floyd’s neck and back for nine minutes and 29 seconds last May. Their case was largely based on several videos of Chauvin’s actions, analysis by police experts who criticized Chauvin’s actions, and medical evidence that Floyd died of self-control.

Chauvin, 45, pleaded not guilty to charges of second-degree manslaughter, third-degree murder and second-degree manslaughter.

Judge Cahill indicated earlier this week that he preferred to make the final argument on Monday because the jury would be sequestrated thereafter. Cahill also said the prosecutor will have the opportunity to have a rebuttal witness.

The defense’s two main experts

Dr.  David Fowler testified for the defense at the trial of Derek Chauvin, a former Minneapolis police officer, on April 14.

Fowler’s analysis focused on every issue except Chauvin’s self-control of Floyd in the inclined position.

He mentions Floyd’s narrowed coronary arteries, known as atherosclerosis, and his enlarged heart due to his high blood pressure or high blood pressure. Flowd’s use of fentanyl and methamphetamine, a tumor known as a paraganglioma, and the carbon monoxide were other important conditions that contributed to his death, Fowler said.

Meanwhile, he ruled out positional asphyxia as the cause.

“Positional asphyxia, as the term is used in court today, is an interesting hypothesis and is not supported by any experimental data,” he testified. He said Floyd’s death had to be classified as ‘indefinite’ rather than a murder, because there were so many competing causes.

The evidence cut across the prosecutor’s argument that Floyd’s primary cause of death was low oxygen due to Chauvin’s control of a curved Floyd in the inclined position – known as ‘positional asphyxia’.

The defense of Derek Chauvin uses these three arguments to get acquittal in the death of George Floyd
Five separate medical experts, including a cardiologist and a pulmonologist, said Chauvin’s self-control caused Floyd’s death. To get convicted, prosecutors must prove that Chauvin’s actions were a “material causal factor” in Floyd’s death.

The lawyer, Jerry Blackwell, during cross-examination dr. Fowler sharply questioned and repeatedly cut off the doctor’s efforts to provide longer answers.

Fowler could not identify the point at which Floyd suffered his ‘sudden’ cardiac arrest, and he said he did not notice that Floyd’s voice was getting thicker as time went on. He also said he agrees that Floyd should get medical attention at the scene immediately.

The doctor’s analysis contradicts much of what the prosecution experts said last week.

Andrew Baker, who did the autopsy of Floyd, testified last week that police self-control was the primary cause of death, and he listed Floyd’s heart disease and use of fentanyl as other important conditions. He described the paraganglioma as an ‘accidental’ tumor that had nothing to do with his death. None of the doctors mention that carbon monoxide plays any role.

Dr Jonathan Rich, a cardiologist who testified for the prosecution on Monday, said Floyd’s heart showed no evidence of injury at all.

On Tuesday, an expert on the use of force said Chauvin was justified in kneeling on Floyd for more than nine minutes and not using lethal force.

‘I felt that Derek Chauvin was justified and acted with objective reasonableness, according to the policy of the Minneapolis police and the current standards of law enforcement in his interaction with Mr. Floyd, ‘said Barry Brodd, a former police officer.

Much of Brodd’s testimony strongly contradicted the prosecutors of the prosecution and Medaria Arradondo, Minneapolis police chief, who said Chauvin’s actions were ‘in no way, shape or form’ within the policies, training, ethics or values ​​of the department does not.

At cross-examination, Brodd conceded that a reasonable officer in Chauvin’s position would have known that Floyd eventually stopped breathing, had no pulse and did not resist. Chauvin, despite knowing, did not change his position from above Floyd, Brodd testified.

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