Chauvin told the judge – before the jury returned to court – that it was his decision and only his decision. It was one of the few times the public heard of the ex-cop, who showed no emotion whatsoever as he scribbled on a notepad for nearly three weeks of testimony.
“If you tried to think about all the different ways he could answer the question that burns in the heads of the jury … Why didn’t you just get off George Floyd’s neck? Why didn’t you help?” CNN senior legal analyst Laura Coates said of the defendant.
Remember that all of his possible responses will actually be the opposite of the testimony they’ve already seen – from law enforcement experts, from his own police chief, from experts talking about the idea of having to provide assistance, even if someone is. in your custody. “
Still, Coates added, Chauvin was “essentially his last and greatest and perhaps only hope” to face the “mountain of evidence” against him.
“ To provide an explanation, if not a justification for what he did, which could be enough to plant not only a seed of reasonable doubt in a judge’s mind, but also a seed of empathy, ” she said .
After Chauvin invoked the Fifth, the defense put her case in the well-watched trial. Next week, the jury will be separated during the deliberations.
“If I were you, I would plan long and hope for short,” Judge Peter Cahill told jurors. “In fact, it’s up to the jury how long you deliberate, how long you need to reach a unanimous decision, regardless of the issue.”
Chauvin, 45, has pleaded not guilty to charges of unintentional second-degree murder, third-degree murder, and second-degree manslaughter.
If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree murder. The charges should be viewed as separate, so Chauvin could be convicted of all, some, or none of them.
Here are highlights from the last week of testimony:
Pulmonologist takes the position a second time
Dr. David Fowler, who retired as Maryland’s chief physician in late 2019, introduced a new defense: carbon monoxide from the patrol car exhaust may have contributed to Floyd’s death. Fowler admitted that no data or test results could support his claim.
Tobin, in a brief rebuttal, told the jury that the carbon monoxide theory was proven wrong by another blood test that showed Floyd’s blood oxygen saturation was 98%. That meant its carbon monoxide content could be up to 2% – within the normal range.
Defense puts forward a legal strategy with three pillars
At the heart of attorney Eric Nelson’s case is the argument that medical reasons, not Chauvin’s actions, caused Floyd’s death that night. In other words, Floyd’s use of methamphetamine and fentanyl, his initial opposition to officers, and pre-existing heart problems all conspired to kill him.
“Their goal was to get out a lot of arguments and hope that something resonated with the judges, but I just think it’s too much to overcome with that video,” said Jennifer Rodgers, legal analyst at CNN. “Their witnesses weren’t as strong as the prosecution, I think. The cross-examination was very effective. ‘
Fowler testified that a sudden heart problem – not police reluctance – killed Floyd.
“In my opinion, Mr. Floyd had a sudden arrhythmia, or arrhythmia, because of his atherosclerosis and hypertensive heart disease … during his restraint and subdued by the police,” the forensic pathologist told the jury.
According to Fowler, Floyd had narrowed the coronary arteries, known as atherosclerosis. His heart was enlarged because of his high blood pressure or hypertension.
Fowler also testified that Floyd’s use of fentanyl and methamphetamine, exposure to the patrol car exhaust, and a tumor known as a paraganglioma also contributed.
Baker said the paraganglioma was an “incidental” tumor that played no role in his death.
But Baker told the jury that other “major conditions” contributed to Floyd’s death, including hypertensive heart disease and his drug use. Some of Floyd’s blood vessels were severely constricted, and Baker testified that at autopsy he found no evidence to support a finding of asphyxia.
The Hennepin County medical examiner said Floyd’s blood contained about 11 nanograms of fentanyl per milliliter – more than Baker has seen in some overdose cases.
Expert: Chauvin justified by kneeling on Floyd
Barry Brodd, a former police officer and expert on the use of force summoned by the defense on Tuesday, testified that Chauvin was justified in kneeling on Floyd for more than nine minutes and not using lethal force.
“I felt Derek Chauvin was justified and acted with objective reasonableness, consistent with Minneapolis Police Department policy and current law enforcement standards in his interactions with Mr. Floyd,” Brodd told the jury.
Brodd said he was not considering putting a handcuffed Floyd in the “prone” position on the street to use force. He even suggested it was safer for the person because if they get up and fall, they could hurt their face.
“It doesn’t hurt,” said Brodd. “You put the suspect in a position where it’s safe for you, the officer, safe from them, the suspect, and you use minimal effort to keep them on the ground.”
At the cross, Brodd said he does not view the forward control position as a use of force because it does not cause pain.
Prosecutor Steve Schleicher showed Brodd a still image of Chauvin’s knee digging into Floyd’s neck. He asked if that position could cause pain. Brodd said it was “possible,” so Schleicher asked him if that meant Chauvin’s action was a use of force.
“In this photo, it could be violence,” Brodd said.
Brodd admitted that he was not specifically aware of the Minneapolis Police Department’s definition of violence, which defines it as a restraint that causes injury or pain. He also recognized that putting someone in the side recovery position is simple and quick.
At one point, Brodd said that Floyd resisted agents for a “few minutes” after being knocked to the ground. Prosecutors played several video clips of Chauvin kneeling on Floyd. Brodd then admitted that he wasn’t sure if Floyd was wrestling with the police or squirming on the ground.
“I don’t know the difference,” he said.