Derek Chauvin’s murder trial judge has determined that he will not allow prosecutors to present new evidence (laboratory evidence with information on George Floyd’s carbon monoxide levels) with his rebuttal testimony.
Prosecutors, it has been revealed in court, reported Chauvin’s defense that the county forensic doctor had discovered laboratory results that spoke of Floyd’s carbon monoxide levels.
The county forensic doctor told prosecutors he had found these results after hearing testimony from Dr. David Fowler, a defense witness who said Wednesday that Floyd may have suffered carbon monoxide poisoning before his death. . Fowler had said Floyd’s blood should have been tested on the subject.
Judge Peter Cahill has ruled that prosecutors cannot present such evidence when they call their rebuttal witness, saying it was too late and it would not be fair to Chauvin’s defense.
“I find that Dr. Fowler’s report gave enough notice [to] the state that the carbon monoxide in George Floyd’s blood could have affected the cause of death, “Cahill said of an assessment Fowler revealed months ago.” Basically, Dr. Fowler came out and went to say it should be tried “.
This gave prosecutors time to test any blood samples of Floyd that might remain, or to find old lab results on the subject and hand them over to Chauvin’s defense.
“I find it very strange,” Cahill comments of the forensic discovery of these relevant findings. Although Cahill says he did not believe the prosecutors acted in bad faith, “it is not appropriate to give notice and it harmed the defense by late disclosure.”
“Not allowed”.
“Dr. Tobin will not be able to testify about these lab results,” Cahill said of Dr. Martin Tobin, an expert pulmonologist who previously testified for the prosecution, and who is being called again today.
“If you even hint that there are test results that the jury has not been able to talk about, there will be a judicial process, pure and simple.”
Tobin, however, can testify about carbon monoxide if it “adheres to environmental factors,” such as watching videos and commenting on the likelihood of exposure to the gas.
Tobin’s testimony is expected to begin at 10:15 a.m. CT.