Thread by @LouRaguse

DEREK CHAUVIN TRIAL: Derek Chauvin WILL NOT take the witness stand in his own defense.

Today could be the last day of testimony. The defense has one witness scheduled.

kare11.com/article/news/l…

Watch here:

It now sounds like the defense will not call any more witnesses and will rest in front of the jury.

The state will call a rebuttal witness after that.

The state has what the judge referred to as "newly discovered evidence" of "Blood gas readings" for carbon monoxide levels in George Floyd.

The state wants to call a rebuttal witness after Dr. David Fowler testified for the defense yesterday about carbon monoxide from the police car contributing (but not causing) George Floyd's death.

Nelson is arguing that the state has had more than sufficient notice that Fowler would opine CO played a role and should have been tested.

The state had time to rebut any suggestion.

Now Blackwell for the prosecution is arguing that Fowler raised new opinion from the witness stand about a study that wasn't disclosed in their pre-trial reports.

Judge Cahill says that Dr. Fowler's report gave sufficient notice to the state that Carbon Monoxide could have affected cause of death. That gave the state notice in Feb. to test samples or dig deeper.

"It seems odd that Hennepin County Medical Center, when asked to turn over all their records, don't turn over records that are just buries a little deeper... they should check their standard operating procedures," Cahill said.

Cahill: It's untimely to give notice now. It prejudices the defense with the late disclosure. It won't be allowed. Dr. Tobin will not be allowed to testify about lab test results.

The risk - if he does - it will be a mistrial.

Cahill says Tobin can testify in rebuttal to some of the environmental factors concerning CO concentration. But nothing about lab test results that were just disclosed at 8am today.

Cahill will allow testimony concerning enlarged heart in response to studies cited by Dr. Fowler yesterday in his testimony.

Dr. Martin Tobin is back on the witness stand testifying about carbon monoxide.
"If (George Floyd's) hemoglobin is saturated at 98%... the maximum amount of carbon monoxide would be 2%."

Wow - lots of sudden breaks and live TV stuff -- but we now are done with testimony in the Derek Chauvin trial. We will wait for final jury instructions -- which are very important for the elements of each crime -- then closing arguments Monday at 9am central.