The defense of Derek Chauvin uses these three arguments to get acquittal in the death of George Floyd

A doctor and members of Floyd’s family are still expected to testify before the prosecution before giving the defense the opportunity to call witnesses, who may arrive early in the week. Chauvin, 45, pleaded not guilty to charges of second-degree murder, third-degree murder and second-degree manslaughter.

Defense attorney Eric Nelson did not explicitly state who will testify, but the witnesses are likely to advance the broad themes of his case to acquit Chauvin. In the opening statements and cross-examination, Nelson focused on three main arguments: the “other causes” theory, the “force is unattractive” theory, and the “hostile crowd” theory.

Here, these arguments are looked at more closely and how testimony has so far alternately fitted and contradicted.

What is it? The defense’s main argument is that Floyd’s death was not due to Chauvin’s actions, but to other medical reasons. The defense emphasized Floyd’s drug use, his initial resistance to officers and his existing heart problems.

‘The evidence will show that Mr. “Floyd died of a heart arrhythmia that occurred due to hypertension, his coronary heart disease, the intake of methamphetamine and fentanyl, and the adrenaline flowing through his body, and this led to an already compromised heart.” Nelson said in the opening statements.

Why does it matter? To be convicted of one of the three charges, prosecutors must prove that Chauvin’s actions were a ‘material cause’ of Floyd’s death. The defense hopes to undermine the causal link.

What is the evidence? The defense’s argument is largely based on evidence from the doctor who performed the autopsy, as well as evidence about Floyd’s drug use.

Heart disease, fentanyl, contributed to the death of George Floyd, but was not the main cause, says the medical investigator
Andrew Baker, who performed Floyd’s autopsy last year, testified Friday that Floyd’s death was a “murder.” He identified the cause of death as a cardiopulmonary arrest – Floyd’s heart and lungs stopped. This took place during ‘law enforcement, self-control and neck compression’.

Still, he said Floyd had other “significant conditions” that played a role in his death, including hypertensive heart disease and the use of fentanyl and methamphetamine. He said some of Floyd’s blood vessels were severely narrowed, and that during the autopsy he found no evidence to support the finding of asphyxia.

Baker acknowledged that the amount of fentanyl in Floyd’s blood, about 11 nanograms per milliliter, was more than in some cases of overdose.

The defense also tried to highlight other drug evidence in the case. Several white pills containing fentanyl and methamphetamine were found in Floyd’s vehicle, and a smaller pill with Floyd’s saliva on it was found in the back of the police car, three forensic scientists testified.

The defense said in the opening statements that they plan to seek testimony from two passengers in the vehicle along with Floyd who would describe his reaction to drug use. One of the passengers, Morries Hall, said he intends to plead the fifth if he is called to testify.

What do prosecutors say? Despite noticing these health issues, dr. Baker at his summit found that the death was a homicide due to police action.

“In my opinion, law enforcement, self-control and neck compression were just more than what Mr. ‘Floyd could take on the basis of these heart conditions,’ ‘he said.

George Floyd's pre-existing conditions and drug use had no effect on his death, says the doctor
In addition, the prosecution refuted portions of Baker’s testimony with several doctors who preferred not to see signs of suffocation in an autopsy.

Dr. Martin Tobin, a renowned physician for lung critical care; Dr. Lindsey Thomas, a forensic pathologist; and dr. Bill Smock, the police surgeon for the Louisville Metro Police Department, each testified Floyd died of axfaction due to low oxygen levels due to Chauvin’s self-control. Based on their review of the video, autopsy and other documents, they rejected theories that Floyd died from an overdose of drugs or due to his other health issues.

“A healthy person subject to what Mr Floyd was subject to would have died,” Tobin said.

Prosecutors also admitted that Floyd struggled with opioid addiction and suggested that he may have built up a tolerance to higher doses of the drug.

The ‘power is unattractive’ theory

What is it? According to this theory, the use of police by bystanders may seem daunting, but that it is an essential part of the job for police officers.

“You will learn that Derek Chauvin did exactly what he was trained for over the course of his 19-year career,” Nelson said in the first statement. “The use of force is not attractive, but it is an essential part of policing.”

Why does it matter? Prosecutors allege he used “excessive and unreasonable force” and “extremely dangerous” behavior when he put his knees on a handcuffed Floyd’s neck and back and pinned him in the street for more than 9 minutes.

What is the evidence? The defense portrayed the fact that Chauvin knelt on Floyd kneeling as a control move approved by police.

Lt. Johnny Mercil, a violent instructor for use in Minneapolis police, said Chauvin’s position could be considered using ‘body weight to’ control ‘, a tactic in which officers put a knee on the shoulder blades of a sensitive suspect instead of captivating them.

Some still photos of police body material show Chauvin with his knee on Floyd’s shoulders, he testified.

“I would add, however, that we tell officers to stay away from the neck, if possible, and if you are going to use body weight to pin it down, to put it on their shoulder and pay attention to their position,” he said.

Mercil said the position is transitional and is intended to end once the suspect is under control.

It is not clear whether Chauvin himself will testify, but he defended his actions as a necessary restriction in May last moments after Floyd’s limp body was taken away in an ambulance.

“We had to control this guy because he’s a sizable guy,” Chauvin told a bystander, according to the audio captured on his own body camera. “It looks like he’s probably got something going on.”
He offered a similar defense to his police supervisor during a short call. “We just had to suppress a man,” Chauvin said. “He went crazy. He would not … he would not go back in the group …”

The sound is then cut out. In the rest of the phone conversation, Chauvin said that he and fellow officers tried to put Floyd in the car, that he became belligerent and that he had a medical emergency after a struggle, ao said. David Pleoger testified.

What do prosecutors say? A series of police supervisors and training coordinators sharply criticized Chauvin’s self-control of Floyd. They said his actions were in conflict with policies on de-escalation, objectively reasonable use of force and the requirement to provide assistance. Main media Arradondo was among the critics.

“It’s by no means a form or form that is through policy. It’s not part of our training, and it’s definitely not part of our ethics or our values,” Arradondo said.

In addition, Chauvin’s direct supervisor said his use of force should have ended sooner, and the department’s homicide detective testified that Chauvin’s actions were ‘unsolicited’ and ‘totally unnecessary’.

The ‘hostile crowd’ theory

What is it? A third defense theory is that bystanders who wildly asked Chauvin to come from Floyd were potential threats and distracted him to take care of Floyd. Chauvin may not have done exactly that training, according to this theory, but the hostility of the crowd provides a non-criminal explanation as to why.

“They are shouting at them and causing the officers to turn their attention away from the care of Mr. “Floyd is distracted by the threat that is growing in front of them,” Nelson said in the opening remarks.

Why does it matter? Chauvin’s attitude and intent are key to each of the charges in the case.

According to the second-degree murder charge, Chauvin Floyd intentionally assaulted, causing his death. According to the third-degree charge of murder, Chauvin committed an “extremely dangerous” act that portrayed a “depraved mind.” And the second-degree manslaughter charge says Chauvin’s ‘criminal negligence’ caused Floyd’s death.

What is the evidence? In controversial cross-examination, Nelson urged several bystanders to admit that they were ‘angry’ and that the crowd became threatening when Chauvin knelt on Floyd.

He repeatedly quoted some of their comments, including MMA fighter Donald Williams II calling Chauvin a “bum” and a “tough guy”.
A week of compelling and potentially devastating evidence during the murder trial of Derek Chauvin

Both Williams and Minneapolis firefighter Genevieve Hansen, who did not serve, outright rejected Nelson’s theory. Hansen said she was desperate, upset and upset, but not angry. Williams also pushed back.

“I became a professional. I stayed in my body. You can not paint me to be angry,” he said.

In a separate testimony, Nicole Mackenzie, a Minneapolis police medical support coordinator and CPR instructor, said that a hostile crowd can make it difficult to concentrate on a patient.

“If you are not safe in your area, and if you do not have enough resources, it is very difficult to focus on the one thing in front of you,” she said.

The defense plans to call her back to the stand during their testimony this week.

What do prosecutors say? The bystanders testified that no one threatened the officers and that they raised their voices just because Floyd was in an increasingly predicament.

Prosecutors also sought testimony from three high school girls, a 9-year-old girl and a 61-year-old man to show that the group is not a threatening bunch. Several bystanders said they felt threatened by the officers, especially when Chauvin and former officer Tou Thao put their hands on their armchairs. “They were really hostile,” said a 17-year-old high school student.

Several police experts have testified that merely filming an arrest or officers with name calls is no threat. Furthermore, a Los Angeles police sergeant and violent expert for the prosecution testified that he did not believe Chauvin was distracted.

“In the body-worn video, you can hear Mr Floyd display his discomfort and pain, and you can also hear how the accused reacts to him,” said ao. Jody Stiger said.

CNN’s Aaron Cooper, Brad Parks and Dakin Andone contributed to this report.

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