What do we know?
- Chauvin confirms he is invoking his fifth amendment right and will not be testifying
- Toxicologist, Psychiatrist, and EMT to testify for the defense
- State still upset about the testimony regarding car fumes.
Find it amusing that the state is arguing that the defense is implying something without proper reports or foundation, when among other things they had a medical expert testify without any reports or foundations that an enlarged heart is a good thing and that the body grows more veins and arteries to make up for other blockages.
The state wants to call another medical expert to repute this because it came as a surprise and was late notice. Nelson said this possible testimony was known to the state in February and that they had plenty of time to study this for cross examination.
Again, given the state has dropped 5000 pages of documents to Nelson just since the trial started, I find it hypocritical that they are worried about being hit with last minute information. They have the whole city to fall back on. Nelson is one person.
Bottom line: They want the last word by allowing Tobin to come back and testify a second time. No way any judge should allow that. It completely changes the dynamic of how trials are held. Prosecution, then defense, then close. The prosecution doesn't get a second chance.
Nelson states that if Judge allows new testimony from Tobin that he will move for a mistrial.
59 comments:
MINNEAPOLIS (AP) — The defense at the murder trial of former Officer Derek Chauvin in the death of George Floyd rested its case Thursday without putting Chauvin on the stand, wrapping up after two days of testimony to the prosecution’s two weeks.
Chauvin informed the court that he will not testify, saying he would invoke his Fifth Amendment right not to take the stand.
THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.
MINNEAPOLIS (AP) — George Floyd died of a sudden heart rhythm disturbance as a result of his heart disease, a forensic pathologist testified for the defense at former Officer Derek Chauvin's murder trial, contradicting prosecution experts who said Floyd succumbed to a lack of oxygen from the way he was pinned down.
The prosecution provided sufficient evidence but the judge is talking to you defense attorney right now.
The jury is not in the room right now
Roger...
State is desperate and wants to get Tobin back up to testify again?
They want the "last word" and if the Judge allows this, then Nelson will call for a mistrial. I don't see how any of this would hold up under appeal if the Judge just allows prosecution to recall witnesses to testify a second time.
Prosecution tries to debunk idea carbon monoxide poisoning played a part in George Floyd's death.
Legal arguments are currently taking place in court before witnesses are brought in.
Prosecutor Jerry Blackwell highlights to Judge Peter Cahill that carbon monoxide poisoning did not feature in Dr Andrew Baker's autopsy report of Mr Floyd.
The idea was brought up in Dr David Fowler's testimony yesterday - where he said Mr Floyd's head was near the rear of police squad car 320 before he died. He said it may have played a factor in his death.
Defence lawyer Eric Nelson says you can't rely on oxygen levels in the autopsy report because carbon monoxide can "bind to oxygen levels".
This is information that is within the state's control, he says, adding that Dr Fowler is not suggesting carbon monoxide poisoning was the full cause of death.
-----
The judge is listening to both sides.
We don't know what the jury will hear today.
This matters
Prosecution tries to debunk idea carbon monoxide poisoning played a part in George Floyd's death.
Tobin can testify under restrictions
Tobin can testify in regards to the heart condition .
The hypoxic seizure was the use of restraints.
They want the "last word" and if the Judge allows this, then Nelson will call for a mistrial. I don't see how any of this would hold up under appeal if the Judge just allows prosecution to recall witnesses to testify a second time.
Indeed.
Ellison is a fucking criminal for pursuing this tack, and you can bet your ass his fingerprints are all over this behavior.
The defense is in trouble because the judge has allowed Tobin can testify on specific conditions effecting his heart conditions.
The judge might declare a mistrial if Tobin goes beyond the restrictions on the topic.
Because Officer Chauvin has invoked his 5th amendment rights, the judge made it clear that he was not promised an acquittal if he testified.
There is new evidence of the percentage of co2 in his blood samples, that were just released today.
Cahill: Tobin may testify as to CO, if he sticks to environmental factors, looking at videos for example, Floyd's location, not knowing if vehicle is even on or not. Those factors he can talk about re: CO in Floyd blood.
Cahill: Concerned about pulmonologist testifying about large heart, but cardiopulmonary system, I think appropriate to allow him to opine if heart enlarged, specifically responding to studies mentioned by Fowler.
Defense did bring up that Fowler did check and didn't find anything re: hypopharynx, so Tobin can say since Fowler testimony Tobin did own check and found stuff.
There is still a strong chance of a hung jury.
Geezus.
Stuck in a fucking nursing home hanging on every word of a show trial 2000 miles away.
Mental illness DEFINED.
Scott, the defense is desperate. The prosecution has presented a solid case against Officer Chauvin for manslaughter in the second degree. Unless they get a hung jury.
If the prosecution doesn't call Tobin you have a point but he will testify in 5 minutes or less
I guess the defense will rest?
This is strange.
He just entered the room
I guess the defense will rest?
This is strange.
I think Nelson is going to call for a mistrial or use this whole fiasco on appeal. It makes no sense to allow Prosecution to recall a witness at the last minute and then not follow up with your own witness list.
I don't get it.
The judge is the pocket of the State.
Has been from the start when he refused to allow a change in venue.
A defendant testifying is a hail Mary. This defense doesn't need it.
They had three other witnesses ready to go...
Have to wonder why they decided to rest?
Did they really feel that Fowler's testimony was enough and didn't want to take a chance with any additional issues with the rest of their witnesses?
Deep state conspiracy bullshit Mr Scott.
The judge is the pocket of the State.
He has been rebuked once
Doctor Tobin is testifying about the prone position caused asphyxiation.
Blogger C.H. Truth said...
The judge is the pocket of the State.
Has been from the start when he refused to allow a change in venue.
The appeal will definitely get a new judge AND a change a venue if this sham results in a conviction.
The judge did sustain one objection
.
Doctor Tobin rebuked the defense testimony.
The judge will probably send the jury home until next Monday
Well Roger...
He refused to change venue. Refused to sequester jurors (most observers disagree considering the issues we are seeing here. Jurors should not be driving through protests or reading about them right now.
He allowed the prosecution to dump over 5000 documents on top of Nelson, just since the trial started. The judge could have (and should have) not allowed that testimony or otherwise should have been providing almost daily continuances for this.
Today... this sort of deal? Allowing the prosecution to recall a witness almost never happens and only within the most extreme examples.
The state has unlimited resources and the Trial Judge continues to act like all of this is burden on the state, rather than the defense (who is one lawyer).
Unknown cause of death is being rebuked by Doctor Tobin
That's how our court system has worked for the day the Constitution was passed.
You keep trying to undermine our institutions that have worked, well or not, for 245 years.
His move for a mistrial was denied.
Your projections have a bad record.
The defense witness said the cause of death was unknown.
The prosecution has provided multiple experts who said the cause of death was not unknown.
Banana Court
Banana Republic
Joe Biden's America
well at least the antifa supporting DA and his city council son got $27 million to Floyd's family from the taxpayers for this sham.
And thousands of families and businesses will suffer from the riots in Minnesota and millions will have negative effects elsewhere..
And nationwide our country is worse off for all citizens.
Of course we can be replaced.
And the DNC and the FAKE NEWS got a narrative to run with.
So there's that
The defense asked one question and said he is done
The jurors will be sequestered until Monday morning.
The jurors will not be allowed to watch the fake news robotics MSM censored by government officials according to Commander-in-Thief
The coldheartedtruth troll squad asshole.
Blogger Roger Amick said...
That's how our court system has worked for the day the Constitution was passed.
WRONG, alky. Not like this. This is Salem Witch Trials shit.
A corrupt AG, a corrupt judge, a corrupt prosecution...
And Chauvin's case STILL manages to beat these fucking scumbags.
Relax, numbnuts. You'll still probably get the conviction you've been craving like you crave alcohol and your opioids.
The Salem was before the Constitution was passed asshole
Judge Cahill tells the jury to “plan for long and hope for short” when it comes to deliberations. They will be dismissed shortly until Monday, when they will hear closing arguments from each side. They will then start deliberation.
April 15, 2021, 11:56 a.m. ET6 minutes ago
6 minutes ago
Shaila Dewan
Reporting from Minneapolis
Before dismissal, the judge tells the jury how much to pack. After closing arguments on Monday, the jurors will be sequestered in a hotel until they reach a verdict (or fail to do so).
April 15, 2021, 11:54 a.m. ET7 minutes ago
7 minutes ago
Scott Dodd
“The evidence is now complete for this case,” Judge Peter Cahill tells the jury as both the prosecution and the defense rest
Roger worried about undermining the courts. But I bet he supports packing the scotus.
Roger Amick said...
The defense witness said the cause of death was unknown.
The prosecution has provided multiple experts who said the cause of death was not unknown.
If roger had said:
The defense experts said the cause of death was unknown or not by the restraints.
The prosecution has provided multiple witnesses who said the cause of death was not unknown.
his predetermined desired outcome many have been a little bit better camouflaged...
in his isolated room
with a tv.
Roger...
The jurors are free to go home and spend the weekend watching and reading about riots. The judge can ask them not to watch the news, but hard to stop things like curfew alerts and such that come directly to your phone.
Judges don't want to grant mistrials.
But quite obviously (as expected) Tobin's testimony went outside of the limits that the judge allowed for. This should allow defense to recall their expert, but unfortunately he was already on his way home.
Why wouldn't he be?
More to the point? Why was an out of town prosecution witness who testified last week still in town and ready to retake the stand on a moments notice?
This was a planned stunt. Plain and simple. I don't know enough about this to say whether or not it should or should not be allowed, but it sure seems sneaky and underhanded.
Pretty sure that the State could have made this argument last night while Fowler was still in town. They waited for this morning to spring this on the court, knowing full well that the defense witness was not present to recall.
Understanding Reasonable Doubt
The phrase “beyond a reasonable doubt” means that the evidence presented and the arguments put forward by the prosecution establish the defendant’s guilt so clearly that they must be accepted as fact by any rational person.
Under U.S. law, a defendant is considered innocent until proven guilty. If the judge or jury has a reasonable doubt about the defendant’s guilt, the defendant cannot be convicted. Simply put, reasonable doubt is the highest standard of proof used in any court of law. It used exclusively in criminal cases because a criminal conviction could deprive the defendant of liberty or even life. The standard of proof beyond a reasonable doubt is widely accepted around the world. The concept of reasonable doubt is imposed only on criminal cases because the consequences of a conviction are severe.
Until we see the closing arguments on Monday morning, I don't know if he will be convicted of manslaughter in the second degree.
Right now, based upon the evidence, I would vote to convict Officer Chauvin of either first or second degree manslaughter.
The state provided overwhelming evidence to support that Officer Chauvin's actions caused his death.
Beyond a reasonable doubt. Not my personal opinion. The evidence is all that matters.
Either way, the testimony was uneventful.
Just a chance to remind the jury of "hypopharynx" - that was pretty much all. And to suggest that he had documentation that he claims was on a report (but could be entirely nonsense - since Nelson had no time to review or an expert to consult).
Still the State never provided the jury with a single bit of testimony suggesting that Chauvin acted with Malice or intent to commit a felony assault with the restraint position (that everyone agrees was okay in theory but in a perfect world went on too long)
But doesn't matter. Intent or no. Last few statements by Tobin brings Roger right back to where he was (which was the point of this trick):
Racist white cop brutally murdered unarmed black man with positional hypopharynx body crushing asphyxia!!!
Right Roger?
Your own words are proof that you have lost your life Scott Johnson.
This was a planned stunt.
People like you have been the same people who lead to dictatorship in history.
But our country is not as fucking crazy as you.
Over 81,000,000 American voters tossed out the most dangerous President in history.
It will survive people like you, because the founding fathers created the largest and again modern world, despite some flaws.
Go fuck yourself Scott Johnson
The prosecution never brought up racial bias, you created it in your alzheimers disabled mind Scott.
Malice doesn't matter, disregard matters.
You would have been a terrible lawyer Scott.
Roger Amick said...
You would have been a terrible lawyer Scott.
I would take this as a huge compliment.
from the "neutral" observer
ROFLMFAO !!!
Roger....
Okay simple question:
Chauvin is charged with:
Second degree murder (requires intent/must also convict of assault)
Third degree murder (depraved mind)
Second degree manslaughter (gross negligence)
Felony third degree assault (Aggravated with serious injury)
How would you find him on all four counts?
This was a planned stunt.
People like you have been the same people who lead to dictatorship in history.
Explain to me Roger...
Why was an out of town witness who testified last week available to testify at 10:15 this morning, while the witness who testified yesterday was back on a plane (as 99.99% of expert witnesses do when they are done)?
Not like Tobin would be allowed to be a spectator or have other reasons to still be in town a week later?
Obviously this was not something they came up with this morning, Roger. They had previously planned this or Tobin would not have been available. They certainly could have raised these points yesterday when Defense would have still had his expert available (at least to consult if not recall).
Only witness was Fowler and court ended early for the day. Would have had plenty of time.
Biden’s Approval on Economy Finally Matches Trump
A new PBS NewsHour/NPR/Marist poll
finds 54% of U.S. adults approved of President Biden’s handling of the economy.
This marks “the first time his approval numbers have been on par with those enjoyed by Donald Trump in an area where the former president consistently received high marks from the public and on which he staked his political career.”
_________
The only area where Trump did well, and now Biden is up there where he was.
My, my, LOOK AT THIS:
U.S. Says Manafort Associate Gave Polling Data to Russia
The U.S. Treasury Department said Thursday that Konstantin Kilimnik, an associate and ex-employee of Paul Manafort, “provided the Russian Intelligence Services with sensitive information on polling and campaign strategy,” during the 2016 election, Just Security reports.
It’s the first definitive statement from the U.S. government on the matter.
Washington Post:
The government finally connects the line from Trump’s campaign to Russian intelligence.
My, my~!
The reverend is trying to revamp five year old debunked conspiracy theories because of DTS withdrawal...
Oh my!
The Coming Backlash
So, a criminal with a warrant who resists arrest meets up with an incompetent government employee who can’t tell a Glock from a taser, then there are Democrat riots, and what’s the result? You must be disarmed.
If you’re looking for logical logic, keep on looking. If you understand the logic of power, you came to the right place.
Facts don’t matter.
Evidence is racist.
2+2=4 means you’re a transphobe.
This is about power, people. Their power over you.
Understand that you can’t reason your way out of this. We’re not going to explain to our enemies why it’s inefficient, ineffective, or unAmerican to do the things they are trying to do. You might as well try to teach your terrier particle physics with a thick, juicy ribeye in sitting his bowl in front of him.
Tangent: Pardon me for potentially misgendering your pooch.
Back to my point. There is no point, except power. They want to control you. If they can’t they want to destroy you. Everything – and I mean everything – is bent to that objective.
That’s why the media lies to you.
That’s why they selectively prosecute.
That’s why movie stars lecture you.
That’s why they want to take your guns.
That’s why they want to cheat in elections.
That’s why critical race theory is a thing.
You, disenfranchised.
You, despised.
You, a serf.
That’s it. That’s the goal. So, trying to reason your way out of it is useless.
It’s actually worse. It’s embarrassing. You look like a fool. Take Asa! Hutchinson, with his mush-mouthed palaver about “limited government” and citing Reagan to justify his spineless submission to the establishment. This guy literally would rather young children have their genitals mutilated than have to explain to his Walmart masters why he refused to go along with the scalpel zeitgeist.
He’s not just a weak person. He’s not just a stupid person. He’s an evil person.
And we know it. We see it. And we must speak it.
They want to blind us. They want to gag us. They want us tip-toeing through the PC minefield, afraid to take a step less we trigger a detonation of cancellation.
But have you noticed the rumblings of resistance?
Have you noticed the stirrings of pushback?
For a while we had Trump to do the pushing, but with him in Florida we can now see others stepping up. Ron DeSantis is banning critical racism. Brian Kemp found some vertebrae and he’s defying Delta, Coke, and "Major League Chinaball" to demand election integrity. The other night, Tucker Carlson charged into the “replacement theory” ambush where we are not supposed to say what the Democrats explicitly say, which is that they intend to import pliable foreign peasants to replace American citizens at the ballot box (of course, sensible Latinos had other ideas, coming around to Trump significantly in 2020). The garbage media and establishment announced that this fact must not be spoken and Tucker spoke the hell out of it.
APStylebook
https://twitter.com/JesseKellyDC/status/1382062335792123905
Don't use the term mistress for a woman who is in a long-term sexual relationship with, and is financially supported by, a man who is married to someone else. Instead, use an alternative like companion, friend or lover on first reference and provide additional details later.
Jesse Kelly
The appropriate term is “Vice President”.
Emerald Robinson
https://twitter.com/EmeraldRobinson/status/1382309083399790592
Everybody knows that Hunter Biden's laptop belongs to Hunter Biden except our corrupt intelligence agencies!
Newsmax
https://twitter.com/newsmax/status/1382053507776274434
POLL: 68% want special counsel for Hunter Biden http://ow.ly/8Aeu50EnuXi
Smartest guy the big guy, excuse me, Joe Biden knows.
Of course Joe hired Hunters lawyers partner to a top DOJ post so Hunter is not worried. Smart of that clever Joe.
Blogger Roger Amick said...
You would have been a terrible lawyer Scott.
I wish I had a dollar for each time you've posted THIS stupid fucking comment, Big Chief Yellow Teeth.
No Indy today, or are you balls-deep in his ass as we speak?
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