It sounds like the Defense will rest its case this morning and the State will present a Rebuttal case.
The Court addresses some "newly discovered evidence" so let's see what this is about.
State's counsel, Mr. Blackwell, is addressing the Court about the new "evidence" from Dr. Fowler regarding the carbon monoxide claim. The State intends to re-call Dr. Tobin to rebut these claims.
Defense claims that the blood samples are in State custody & State has had ample opportunity to test for carbon monoxide.
Defense is complaining that Dr. Fowler has since left the jurisdiction is on a plane right now.
Defense claims that this is not "proper rebuttal" because this is not new news to the State b/c the State should have been aware from early February about Dr. Fowler's opinion.
State responds: Fowler offered a new opinion from the stand yesterday. Fowler didn't include "the Mayo study" in his written expert report & Dr. Tobin would address that particular study.
In his expert report, Fowler didn't offer his opinion that Floyd had an enlarged heart.
In his expert report, Fowler didn't offer his opinion that Floyd had an enlarged heart.
Dr. Tobin would testify that Floyd's heart does not fall within a range of being "abnormal" & he can offer this testimony (from a cardiopulmonary standpoint).
For the first time from the stand, Fowler said that an anoxic seizure was evidence of a primary cardiac event.
For the first time from the stand, Fowler said that an anoxic seizure was evidence of a primary cardiac event.
Court rules: Fowler's report gave sufficient notice to the State that carbon monoxide was in his blood & could have affected his death & Fowler said the blood should be tested in his report.
Dr. Baker called the State and said he had relevant test results re. carbon monoxide poisoning. The late disclosure has prejudiced the defense and is not allowed. So Dr. Tobin cannot testify as to the test results.
Dr. Tobin may testify as to carbon monoxide as to environmental factors (as in Floyd's body in relation to the car exhaust) and the likelihood it would affect carbon monoxide concentration in his blood.
With regard to the Mayo study, Dr. Tobin can testify as to whether the heart was enlarged or not.
Dr. Tobin can testify that since Fowler's testimony, there is literature regarding narrowing of the hypopharynx.
Hypoxic seizure: Dr. Tobin cannot testify about this issue.
Hypoxic seizure: Dr. Tobin cannot testify about this issue.
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