Prosecution nears end of its case as Derek Chauvin trial enters third week of testimony
Minnesota prosecutors are nearing the end of their case against Derek Chauvin in the death of George Floyd as the trial enters its third week of testimony on Monday.
Another doctor and a member of Floyd’s family are still expected to testify before the prosecution gives the defense the opportunity to call witnesses, which could come as early as Monday afternoon. Thirty-five witnesses have already testified for the prosecution.
The doctor’s testimony will follow a series of medical experts who testified last week that Floyd died last May because of Chauvin’s restraint. On Friday, the medical examiner who conducted Floyd’s autopsy noted that Floyd’s history of hypertension and the fentanyl and methamphetamine in his system played a role in his death, but they were not the direct cause.
“In my opinion, the law enforcement subdual, restraint and the neck compression was just more than Mr. Floyd could take by virtue of those heart conditions,” Dr. Andrew Baker said.
Chauvin, 45, has pleaded not guilty to second-degree murder, third-degree murder and second-degree manslaughter charges.
Defense attorney Eric Nelson has focused on three arguments he says will acquit Chauvin: Floyd died of drug and health problems, Chauvin’s use of force was ugly but appropriate, and the crowd of bystanders became hostile and distracted Chauvin from taking care of Floyd. Witnesses called by the prosecution have contested each of those theories — but it will be up to the jury of five men and nine women to ultimately decide.
While the trial has focused on Chauvin and Floyd, the societal stakes of the high-profile case were made vividly clear on Sunday when police shot and killed a Black man following a traffic stop in the Minneapolis suburb of Brooklyn Center.
In response, protesters gathered Sunday evening and marched toward the police department, and the city’s mayor described “growing civil unrest.” The state deployed the Minnesota National Guard after reports of a number of break-ins.
In a pre-court hearing Monday, Nelson asked the court to questions jurors further about what they had heard about the incident and asked to sequester them for the rest of the trial.
“This incident, while I understand it’s not this case, I understand that it does not involve these same parties, but the problem is the emotional response that case creates sets the stage for the jury to say ‘I’m not going to vote not guilty because I’m concerned about the outcome,'” he said.
The state opposed the motion for sequestering them, saying it would not be appropriate or effective.
“We can’t have every single world event that might affect somebody’s attitude or emotional state or anything be grounds to come back and re-voir dire all the jurors,” prosecutor Steve Schleicher said.
Judge Peter Cahill rejected the defense’s request to sequester or question jurors.
What the prosecution has said so far
The doctor’s medical testimony will further the third of three phases in the prosecution’s case against Chauvin.
The first week of testimony largely focused on Floyd’s final moments and the distressed bystanders who watched Chauvin kneel on Floyd’s neck and back for over nine minutes while he was handcuffed and prone on the street. Video from the bystanders and police body camera footage showed Floyd’s gasps for air and calls for his “mama” over those excruciating minutes.
Early last week, prosecutors called a series of police supervisors and use-of-force experts who criticized Chauvin’s actions. They said he violated policies around de-escalation, objectively reasonable use of force and the requirement to render aid. Foremost among the critics was Minneapolis Police Chief Medaria Arradondo.
“That in no way shape or form is anything that is by policy. It is not part of our training, and it is certainly not part of our ethics or our values,” Arradondo said.
The medical testimony on Thursday and Friday, particularly from Dr. Martin Tobin, laid out the mechanics of how Floyd died. The renowned pulmonary critical care doctor testified Thursday morning that Floyd died from a “low level of oxygen” when Chauvin pinned him to the street and restricted his ability to breathe.
Floyd’s preexisting health conditions and drug use were not relevant to his death, Tobin said.
“A healthy person subjected to what Mr. Floyd was subjected to would have died,” he said.
