I think this is going to get cross-examined into oblivion
It's a snapshot, you can't see where Chauvin's other knee is, and it looks like he's leaning a little bit to one side (which is enough to take a LOT of the weight off of the other side
Also this is an area where the prosecution expert doesn't really have expertise
What in his training gives him the ability to analyze a photo and figure out how weight was distributed?
This was also the moment where I realized how ideological the expert was
He was on solid ground talking about how the knee in the back and the handcuffs being pushed into the mans back could constrain his breathing
But this is just spitballing, and Nelson will catch it
Direct is over, and we'll have cross-examination of Tobin after the lunch break starting at 2:30 est
Tobin was a very strong witness for the prosecution, but I'm underwhelmed by two major aspects of his testimony
First, as discussed, he testified beyond his expertise when he tried to calculate the amount of force that Chauvin placed on Floyd's neck
Second - his attempt to rule out fentanyl as the cause of Floyd's ultimate respiratory failure was not persuasive
His first argument was that Floyd was breathing faster than one would expect from someone suffering from Fentanyl overdose
That seems suspect - just intuitively, respiratory rate seems like a number of factors influence it
Anxious people breathe faster, don't they?
Second was this math calculation that suggests all the CO2 in Floyd's blood corresponded to the length of time he went without breathing
But his math seemed a little sloppy to me (35+49 = 89?)
Another big problem is the mismatch between what the prosecutors have argued was excessive force (knee to neck) and what Tobin identified as responsible for much of the constraint on Floyd's breathing (having his chest pinned to the pavement)
Still - a very effective witness, FINALLY gave some answers to the questions that have been lingering in jury's minds ("how did Floyd die? what about the fentanyl?") and will require an excellent cross from Nelson
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David French wrote a whole column whining about Justice Thomas' brilliant Big Tech opinion
But I want to focus in on this passage right here
Simply put - he's defined "free speech" so broadly that it would eviscerate civil rights law
If social media moderation decisions are free speech - EVEN in the face of laws like section 230 that explicitly say the platform is not the speaker - then any act of exclusion is free speech
Meaning that the Civil Rights Act of 1964 is unconstitutional on free speech grounds
When French says that the companies are merely "creat[ing] communities that reflect their own private visions of what a marketplace of ideas should look like"
He should think about how that would apply to Jim Crow restauranteurs and hotel owners
Tobin testifies that the combination of one of the officers pushing Floyd's handcuffs into his back, combined with Chauvin's knee on Floyd's *back*, made it so Floyd couldn't breathe out of his left lung
I don't necessarily think this is great testimony for the prosecution: they've spent almost the entire time saying that it was Chauvin's knee on Floyd's *neck* that was excessive force