We are heading into court for the Derek Chauvin trial at 8:45a. There are some motions to handle before the jury is brought in, including some finality to witness Morries Hall. We expect testimony from Chauvin's medical experts after that.
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Here is the morning live stream:
The first issue is defense attorney Eric Nelson’s judgment for acquittal, a normal motion that happens in trials after the prosecution finishes its case. “The state has failed to provide sufficient evidence, even in the light most favorable to the state," Nelson says.
Nelson argues that the state failed to prove Chauvin's use of force was unreasonable... saying that the 6 witnesses who testified about the issue contradicted each other.
Nelson says even the state's two national use-of-force experts contradicted each other.
Nelson argues that the state's medical experts on cause of death are also contradictory -- and he asks Judge Cahill to grant motion for acquittal.
Prosecutor Steve Schleicher says the evidence they presented establishes all the elements of the crimes charged.
Judge Cahill denies the defense motion for motion for acquittal. He notes that in motions like this, the standard is different than the standard the jury needs to follow.
He has to give the greatest weight to the state's witnesses in this kind of motion.
He has to give the greatest weight to the state's witnesses in this kind of motion.
Just to re-emphasize, a motion for judgment of acquittal happens all the time. It is rare that a judge ever grants it.
Now they are addressing Morries Hall. Judge Cahill thought there was a narrow set of questions that Hall would be able to answer without incriminating himself.
His attorney says he cannot answer those questions.
He would expose himself to charges for drugs found in car.
His attorney says he cannot answer those questions.
He would expose himself to charges for drugs found in car.
And his attorney says "If Mr. Hall puts himself in that car, he exposes himself to potential third-degree murder charges, which are used broadly."
Judge Cahill: Would you be willing to answer?
Morries Hall: No, I would not. I am fearful of criminal charges going forward.
Morries Hall: No, I would not. I am fearful of criminal charges going forward.
Judge Cahill rules that Hall does have a 5th Amendment privilege not to provide a link to criminal evidence.
Judge Cahill quashes Hall's subpoena.
Judge Cahill quashes Hall's subpoena.
Nelson's first witness is Dr. David Fowler, who is testifying with a South African accent.
Fowler was the Maryland Chief Medical Examiner for many years.
Fowler was the Maryland Chief Medical Examiner for many years.
Fowler testifies that after approached by Nelson about this case, Fowler referred Nelson to "The Forensic Panel" -- which consists of peer reviewers of forensic pathologists, because of complexities of this case.
Fowler testifies that he reviewed medical records, ambulance records, police records, videos, toxicology.
Defense attorney Eric Nelson: How did the heart and drugs contribute to the cause of death?
Fowler: They contributed to Mr. Floyd having a sudden cardiac arrest in my opinion.
Fowler: They contributed to Mr. Floyd having a sudden cardiac arrest in my opinion.
Nelson and Fowler are showing documents of guidelines medical examiners use. The last sentence of this part is especially what Nelson wants the jury to digest.
Fowler is now testifying about the significance of George Floyd's enlarged heart. The state's medical experts acknowledged but minimized the relevance.
Dr. Fowler is testifying that the interaction between the officers and George Floyd contributed to the stress on Floyd's heart... leading up to what Fowler already opined was a sudden cardiac death.
Dr. Fowler specifies that he does not believe carbon monoxide from the running vehicle caused his death. He mentioned it earlier as a contributing factor.
Fowler testifies that autopsy found no sub bleeding into neck or back or muscles.
Nelson: In your opinion the absence of such injury, how does that speak to the cause of death?
"It speaks to the amount of force that was applied to Mr. Floyd was less than enough to bruise him."
Nelson: In your opinion the absence of such injury, how does that speak to the cause of death?
"It speaks to the amount of force that was applied to Mr. Floyd was less than enough to bruise him."
Dr. Fowler is now addressing the metabolism of drugs. This is in response to the state's toxicology witness who testified that much of the fentanyl was metabolized.
Fowler disagrees.
Fowler disagrees.
Fowler did say that "some of the fentanyl" was taking "at some time before" -- so it was not clear on his timeline of drug use.
Fowler says that he would have ruled George Floyd's manner of death as "undetermined."
Court back now after the lunch break and now cross-examination is underway from prosecutor Jerry Blackwell and witness Dr. David Fowler.
Already, Blackwell got Fowler admit he didn't factor in the weight of Chauvin's equipment on top of his 140-lb weight.
Blackwell: Do you agree with me there was no finding of Carbon Monoxide poisoning from Dr. Baker's review?
Fowler: I do
Fowler: I do
Blackwell is calling into question the what the white substance in George Floyd's mouth is. Implying it was gum rather than pills trying to swallow when police knocked on window.
The afternoon Youtube link:
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