A Summary of the trial - Week 2 Day 4 cont'd...
Blackwell asks the witness if he observed in the videos evidence of low oxygen in the last minutes of George Floyd's life. Witness affirms and states that the changes in the facial appearance becomes crucially important. Asked if he sees this in other patients, states that he has, that he works in an ICU unit where 40% of the patients die.
Blackwell brings back a video clip showing Chauvin kneeling on Floyd. Witness states, one minute he is alive, next minute he is unconscious. Shows another video clip at 20.22:56 showing Floyd moving his hip in an attempt to get air.
Reaffirms that the knee remained on the next for another 3 mins and 20 seconds after he takes his last breath.
End of direct examination. Break for lunch returning at 1.30pm
Cross examination by defence attorney Eric Nelson.
Nelson states witness was asked by the State of Minnesota to assist them in the review of the medical issues in this case, witness affirms. That witness agreed to do the work at no cost, witness affirms. That witness not normally involved in criminal cases of this nature, witness affirms. That this is the first time that the witness has been involved in a criminal case, witness affirms. That that was the reason witness decided not to charge a fee, witness affirms. Witness states that he normally charges per hour at a rate of $500 an hour for reviewing material. That witness had waived his hourly rate for this case, witness affirms. That witness felt it was an important case, witness affirms.
Nelson asks witness if he has reviewed all the materials in the case and that he is not a pathologist, witness affirms. Reminds witness that MPD officers medical training comes nowhere near to his own expertise, witness agrees.
Nelson makes reference to the numerous meetings that witness has had with the prosecution and the time he has had to prepare material adding that he himself only received the material last night!
Nelson talking about dynamic events and how things change on a second by second basis. States that the witness has taken this case and literally wound it down to one nanosecond, witness disagrees saying that there is a whole chronology from the moment Floyd had a knee placed on him prone on the street to the arrival at the hospital.
Nelson points out that there was nobody measuring the units of force being applied, witness states that they were all calculable. Points out that the pathologist looks at how other factors may contribute to a death, affirms.
Nelson points out that the time spent by witness looking at the incident is a thousand times taken for the original incident.
Witness states that the low level of oxygen caused damage to the brain and the irregular heart rhythm PEA.
Nelson states that there was no bruising to the neck, witness agrees.
Nelson speaks about the "If you can speak...you can breathe'" comment and pointed this out, would witness have a problem with that. Witness replies that situation can change from second to second.
Nelson claims that witness calculations are generally theoretical, witness disagrees and adds that they are based on direct measurements and extensive research. Nelson asks if he is making certain assumptions in the application of the science but witness again disagrees. Nelson says he is assuming the weight of the defendant and his equipment, witness accepts. Nelson also states that witness has made assumptions about the weight distribution between Chauvin's legs, witness agrees. Nelson points out that that weight is redistributed as events flow, witness agrees.
Witness agreed with Nelson that calculations assumed a healthy 46 year old in his models and can vary considerably. That the psysiology make-up of the individual is relevant.
Witness denies that Floyd's heart disease was relevant. Absence of chest pains evidences this according to witness and demonstrating a very rapid respiratory rate. Points out that they didn't see either.
Nelson struggling with his own voice today (will he last another 3 weeks?) and failing to pronounce certain basic medical terms. A moment of tension relief however as Nelson blames the Irish witness' accent for his own failure to pronounce some words. Witness responds with a, "I can't compensate for it" retort.
Nelson also mentions the fact that Floyd had previously been diagnosed with Covid-19 and it's effects, some discussion ensued including reference to placing patient in the prone position. Witness affirms but adds it is people with Covid and will vary from person to person.
Nelson referenced the autopsy report as to the substances found in Floyd's system. Asked about illicit ingestion of fentanyl witness agrees that it can cause respiratory depression, witness affirms. Asked if the methamphetamine can increase the heart rate, witness affirms. Adds that it is a prescribable agent.
Nelson reminds witness that fentanyl tablets were found in the squad car. Nelson asks witness if fentanyl and methamphetamine tablets had been ingested by Floyd, would the reaction have been seen within 5 minutes? Witness affirms. Explains 20:18 ingested meaning peak reaction by 20.23. Witness confused but then agrees.
Nelson makes reference to seisure previously attested to by witness at 20:24. Last breath estimated by witness at 20.25.16.
At 20:35.06 first air pumped in. Paramedics arrived at 20:27.45. That is was nearly 9 minutes before first air pumped into Floyd, witness agrees.
End of cross examination.
Blackwell on re direct. Asks witness if he saw Mr Chauvin get off the back of Floyd, witness replies no. Asks witness where Mr Chauvin's knee was during all that time, witness responds that it was on Floyd's neck.
Asks witness if low oxygen shows up on autopsy, witness states it isn't.
Asks if Floyd's pre-existing health conditions had any relevance to Floyd's death, affirms it wasn't. Adds that the cause of death was the low level of oxygen which caused brain damage and the heart to stop.
Blackwell references substances in Floyd's system, nicotine. Asks did he die from nicotine, witness laughs and states no. Blackwell references fentanyl and methamphetamine. Asks any evidence that Floyd died from meth, witness states no. Blackwell mentions ingesting fentanyl within five minutes of death. Witness agrees that you would see a depression in the respiratory system if someone was suffering from a fentanyl overdose and a reduction in the ability to breathe but there was no evidence of this with Floyd. Asked if there was any evidence that fentanyl had impacted Floyd's breathing in any way, witness replies no.
End of re-direct.
Defence re-cross examination.
Clarified couple of points including fenta being a cause of death.
Re re direct by Blackwell.
Asks witness to confirm that people who die from fentanyl overdose go into a coma, witness affirms smiling.
End of re re direct. Judge calls a 5 min break so all can get their voices back.