MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 #17 - Chauvin Trial Day 14

[tlcya]

I think it is absolutely proper that Tobin be called to testify to the validity of the two "studies" referenced by Fowler with a total of four test subjects between the two studies

Fowler opened the door to that one.

 

[Boodles]

Because Nelson's argument is sound. Hate to give it to him because I am not a fan, but this should not come in.

It is a ridiculous concept and this gives it way more life than it deserves.

The judge should deny this motion MOO

On the other hand, the jury should have all the facts. It would be wrong to deliberate with incomplete info when it is available.

 

[ElizaKate]

Hang on, I thought the state didn't know either. Dr Baker saw yesterday's testimony and went back to see if it was tested. it was, he bought it forward. No delay in giving over evidence...

 

[Tippy Lynn]

This unreal. Why are they contantly moving the goalposts? Bad form.

It doesn't sound like the state is very confident in the outcome of this trial. jmo

 

[missy1974]

Ooo this is interesting.

Does the defense team not have an obligation to fully investigate any alternative theories they're putting forward..so if they wanted to put forward CO poisoning are they not obligated to look into whether there's evidence that would support/rebut that theory? Put simply could they not have asked the ME themselves at the time if those tests were done?

No, they rely only on what his handed over in discovery. They can ask, but the State or ME or LE has no obligation to do what they ask them to. (The Defense asked them to go back to the squad car.. they did... they found the pills in the back seat of the squad car)

Nelson's argument (and it's a good one) is that the State had Fowler's report back in February. Sounds like Baker (State ME) was listening yesterday and "found" test results that were not handed over to either the State or the Defense.

The Defense, if I was Nelson, should be questioning what else was not disclosed. JMO

 

[dixiegirl1035]

honestly, this is a red herring and will only serve to further confuse the jury. I think the state is erring attempting to introduce this evidence now. MOO it gives the "maybe exhaust killed him" theory more life than it warrants by going this far to refute it.

Agree. MOO.

 

[tlcya]

Blackwell is correct, this is why we have discovery deadlines. So nobody is blindsided. At some point in order for there to be due process, each side must know what they are arguing.

I think the judge needs to split the baby. Don't let the newly discovered evidence come in but allow Tobin to refute Fowler's testimony on the "studies" Fowler referenced.

 

[turaj]

Do you mean carbon monoxide? I’m confused, too.

sorry that is what I mean...think i have made this same mistake many times.

 

[JerseyGirl]

Nelson notes he received the email at 4:53pm suggesting Dr. Tobin saw the new test results.

“Nevertheless, it's our position that these new test results should not go in front of the jury…if they were I would be moving for a mistrial.”

Blackwell: Obviously Your Honor, we wouldn't be having any of these discussions this morning had there not been new opinions from Dr. Fowler raise from the stand.

Blackwell: He expressed his opinions about the Mayo study, it was a free kick at the goal because we didn't know that he was going there.

Blackwell says Dr. Tobin will testify that George Floyd’s heart weight "does not fall within a range that is abnormal.”

https://twitter.com/anavilastra/status/1382706459994112008?s=21

 

[ElizaKate]

No, they rely only on what his handed over in discovery. They can ask, but the State or ME or LE has no obligation to do what they ask them to. (The Defense asked them to go back to the squad car.. they did... they found the pills in the back seat of the squad car)

Nelson's argument (and it's a good one) is that the State had Fowler's report back in February. Sounds like Baker (State ME) was listening yesterday and "found" test results that were not handed over to either the State or the Defense.

The Defense, if I was Nelson, should be questioning what else was not disclosed. JMO

Okay understood thanks.

 

[missy1974]

I don't have enough coffee in me for this lol I was NOT expecting that something actually interesting was going to happen so soon today haha

 

[turaj]

On the other hand, the jury should have all the facts. It would be wrong to deliberate with incomplete info when it is available.

unfortunately they often do not...things are held back for legal reasons...always bothers me but that is what happens in courtrooms...it often leads to a verdict that may not be justice.

 

[Katerz]

I’m just.. very confused this morning.

 

[JerseyGirl]

JB: "We heard from Dr. Fowler, that an anoxic seizure was evidence of a primary cardiac event...that was not in his report, and it was disclosed for the first time, from the stand.”

Blackwell says Dr. Tobin would not just testify to the newly discovered test results.

https://twitter.com/anavilastra/status/1382707235479040012?s=21

JB:...the test results are merely corroborative of that, because the test results shows specific testing for CO itself & it is simply derived from looking at the oxygen saturation content, which is at 98% and therefore, the most CO could have been is 2%.

 

[missy1974]

I think the State could get their rebuttal on the carbon monoxide with Dr. Tobin without the 'found' test results.

 

[Tippy Lynn]

I don't have enough coffee in me for this lol I was NOT expecting that something actually interesting was going to happen so soon today haha

Same - my brain needs time to ramp up.

 

[Katerz]

New evidence denied.

 

[dixiegirl1035]

I am sooooooooooooooooo thinking this is not good for the state. 98% oxygen saturation to determine carbon monoxide is NOT GOOD SCIENCE!

It is not directly relevant.

I hope doesn't come in.

Moo... from someone who has gone down many rabbit holes due to my condition, and through COVID studies.

DENIED. Good!!!!!!!!!!!!!!!!! This would have been bad science MOO!!!

 

[Rhozwen]

Perhaps I'm just confused by differing terminology, but... If GF's blood gas O2 saturation level was 98%, doesn't that directly refute the State's claim that the cause of death is low oxygen?!?! Dr. Tobin professed that GF 'didn't have an ounce of oxygen' left in his body, iirc.

Good question. Hopefully it gets answered, I am wondering the same.

 

[missy1974]

In Fowlers report, he came right out and said that "it should be tested".

Judge not claiming bad faith.

Questioning the response from ME office about what they turned over (YEP!)