We are #live for the 26th day of the #DerekChauvinTrial and the 3rd day of the defense witnesses. We'll be live tweeting as usual, but you can also check out our stream here: twitter.com/i/broadcasts/1…
Court is back. Chauvin is answering questions from Nelson right now.
Nelson says that the defense will rest today. Chauvin invokes his 5th amendment right not to testify.
Chauvin first answered a few questions from Nelson (his lawyer) then from Judge Cahill and confirmed that he will not be testifying. Now the prosecution wants to present new evidence in their rebuttal.
Blackwell shares new evidence from a new test of Floyd's blood that Dr. Baker did yesterday. During Fowler's testimony yesterday, he brought up carboxyhemoglobin, which he didn't write in his report. Therefore it was a new disclosure.
Judge Cahill asks when the test was done. It was actually done on May 25 in the hospital, but within the subpoenaed hospital records, that test was not included. Dr. Baker reached out to the prosecution after hearing Fowler's testimony saying he thought a test was done.
The prosecution then asked for that specific test data from the hospital. Nelson now speaks. He says he received the test results this morning. He says he has tried to reach out to Fowler and other witnesses. He says the prosecution has known what information may be presented.
Nelson says Fowler was opining that the carbon monoxide could be a contributing factor, not that it was the cause.
Nelson also has qualms with Dr. Tobin's potential rebuttal testimony. Nelson is objecting any further testimony about a hypoxic seizure. He says it would be reintroducing what Dr. Tobin already testified to.
Nelson also says he believes Dr. Tobin has already testified about any narrowing of the hypopharynx, so it would not be an appropriate rebuttal.
Nelson also shares that Dr. Tobin may testify on the test on carboxyhemoglobin. Nelson says he will ask for a mistrial if that test is admitted into evidence.
Nelson agrees some CO2 rebuttal testimony makes sense, but that's it.
Blackwell reiterates that there were new opinions brought forth by Fowler yesterday. Fowler brought up The Mayo study and the size of Floyd's heart, which the prosecution didn't know he was going to do.
Blackwell also brings up that for the first time on the stand, they heard from Fowler that the hypoxic event was attributed to a cardiac event.
Judge Cahill says if the test results were submitted prior to Fowler's testimony, rebuttal wouldn't be necessary. The judge says Fowler's report gave sufficient notice to the state that he'd be testifying on carbon monoxide in the blood.
The judge says the hospital should have handed over all the data at the time of the subpeona. The judge says Dr. Tobin can't mention or talk about the test results or it would be a mistrial.
The judge says Dr. Tobin can talk about the environmental aspect. The judge also says he feels a little uneasy about a pulmonologist opining about an enlarged heart, but says the heart and lungs are closely connected. Forensic pathologist, Fowler, opined on the heart yesterday.
Hyphopharynx narrowing, CO in the air around Floyd, and the enlarged heart can be testified to by Dr. Tobin, says Judge Cahill.
Blackwell mentions that there was one test about saturated oxygen in the blood that was already in the evidence. He asks the judge is Dr. Tobin can talk about that.
Judge Cahill says that's pertinent. Blackwell asks for some time to prepare with Dr. Tobin. The judge says court will resume again at 10:15 a.m. central.
Court is back. Jury is in the court room. Nelson announces that the defense rests. Blackwell calls Dr. Tobin to the stand.
Blackwell begins questioning about Floyd's possible inhalation of carbon monoxide. He asks if Dr. Tobin agrees if carboxyhemoglobin was increased in Floyd's blood. He doesn't agree.
Dr. Tobin mentions the blood gas test at the hospital, which is the evidence already submitted, but is close to the new evidence which could possibly lead to a mistrial. Judge Cahill calls for a sidebar.
Blackwell asks why the results that Fowler presented are not reliable. Dr. Tobin explains how oxygen testing in the blood works. He says in Floyd his blood was 98% saturated with oxygen.
Blackwell asks if that shows what the CO could be. Dr. Tobin says the maximum could be 2%. He also says 2% of carboxyhemoglobin is normal.
Blackwell then moves onto weight on Floyd's back and how that affects the hypopharynx. Dr. Tobin says there is extensive research on this topic. The types of studies are physiological and scientific. He says there are maybe 20 studies.
Dr. Tobin says if you put pressure on someone's neck, the hypopharynx narrows. He says there is not much, if any, research on that because it's common sense.
Blackwell is done questioning Dr. Tobin. Nelson is preparing his cross-examination.
There is a short recess until 10:45 a.m. central.
Dr. Tobin just rebutted parts of Fowler's testimony yesterday. "If you lower the size of the lungs, you must get a decrease in the size of the hypopharynx--all of the studies show that." Dr. Tobin has studied the lungs and breathing for over 45 years.
Court is back. Nelson is cross-examining. He asks about the most common test done for CO. He also asks about the ~20 tests that Dr. Tobin referred to.
Nelson asks where someone could find those articles. Dr. Tobin says he included several articles in his report for this case. Nelson is done questioning.
Dr. Tobin is excused from the stand. Blackwell says the state of MN rests. Judge Cahill says the evidence for this case rests.
Judge Cahill says the schedule will remain the same. Tomorrow is a day-off and the closing statement will happen Monday morning. After the statements, the jury will begin deliberating and will be sequestered.
The jury will have a laptop with all of the exhibits on it and they will have a big monitor to view the exhibits together. Judge Cahill excuses the jury. Court is adjourned for the day.
Court on Monday will likely begin at 9 a.m. central. Thanks for tuning in to our coverage. You can stay up-to-date or review the trial's entirety on our website: unicornriot.ninja/derek-chauvin-…
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Nelson requested an acquittal this morning, which Judge Cahill denied. Now the court is going over Morries Hall's potential testimony.
Hall's attorney is arguing that all of the questions that the defense wants to ask Hall could incriminate him, so he "cannot answer any of those questions."