A Summary of the trial - Week 3 Day 4 pre testimony discussion
Mr Chauvin not to testify
Judge Cahill today formally advised the defendant that he has the 5th Amendment right not to testify. The defendant told the court that he does not wish to testify. Judge Cahill asked the defendant if this was his free choice and that he was under no external pressure to make such a decision. The defendant stated that the decision was his and his alone.
Withheld test results
Much discussion yesterday centred on the possibility that George Floyd might have been subject to carbon monoxide poisoning. The court was told that there were no tests done to establish if this had in fact occurred.
It appears that overnight, the pathologist Dr Baker contacted the States Attorney Office and revealed that such tests were undertaken on Mr Floyd on the night of 25 May 2020 but for one reason or another have never been provided to the defence.
Defence attorney Eric Nelson stated that he only received this information at 7.53am today. That the state retains the blood samples and have had ample opportunity to provide the test results. That it is incredibly prejudicial to the defence since Dr Fowler has now left the state. Nelson states that Dr Tobin may have seen these test results done at the autopsy, there is no indication if these are new test results or other test results. Nevertheless, it is the defence possible that these test results should not go before the jury and if they were that he would be moving for a mistrial.
State seeking to call rebuttal witnesses
Jerry Blackwell for the prosecution stated that they would not be having these discussions had Dr Fowler not raised new opinion. One issue being the evidence in respect of Floyd's enlarged heart. States that Dr Fowler did not enter the reference to an enlarged heart in his report and only did so while on the stand. Blackwell wants to call a pulmonologists to rebut such evidence.
Blackwell again states that Dr Fowler testified in relation to hypoxia but did not offer such in his report.
In relation to the carbon monoxide tests, Blackwell states that the prosecution again wishes to recall a witness to speak to these tests.
Judge Cahill rules that Dr Fowler came right out in his report and stated that the state should have tested Floyd's blood for carbon monoxide. That Dr Baker called the States Attorney's Office and said that the results are there or should be there. Judge adds that he is not claiming any bad faith on the States part but that it is very odd that the state medical centre failed to turnnovervtest results which may have be buried a little deeper. That their standard operating procedures should be checked and ensure that this not happen again. That defence is correct that it is untimely for this to happen, that the defence witness has now left the state. Rules that Dr Tobin will not be permitted to re-testify about the lab results. Should he do so it will be a mistrial pure and simple. Judge adds that this late disclosure is not the way we should be operating here. Rules that Dr Tobin can again testify about carbon monoxide generally and if the squad car was running or not, or of the potential effects of Floyd lying on the ground near the car exhaust. But cannot testify about the newly revealed test results.
Judge is concerned that state wants a pulmonologist to testify in respect of the size of Floyd's heart, but will allow it based on previous studies. Will not allow Dr Tobin to talk about hypoxic seisure, scientific research supporting narrowing will be allowed, lab tests are not allowed, but can talk about carbon monoxide in the likelihood of a high and breathing based on environmental factors and he may opine as to whether George Floyd's heart was enlarged or not.
Prosecutor Jerry Blackwell points out that both sides have the test results from May 2020 relating to the oxygen levels in Mr Floyd's blood. States that a high CO level would create a low oxygen level is inversely related.
