Good morning, everyone. Court will begin at 9:15 CDT, 10:15 EDT, 8:15 MDT, and 7:15 PDT. Sometimes Judge Peter Cahill uses the morning time for some house cleaning regarding motions or matters yet to be resolved between attorneys or troublesome jurors (twice so far).
Last week ended with two more expert witnesses, adding to the excruciating and powerful body of evidence against Derek Chauvin who tortured and murdered George Floyd. Forensic scientist, Dr. Lindsey Thomas, is the second witness who volunteered to testify, eschewing a fee. The first was pulmonologist and critical care expert, Dr. Martin Tobin. Dr. Thomas built on Dr. Tobin’s testimony and was unequivocal about cause of death, asphyxia caused by the pressure to his body. Dr. Thomas was teacher and mentor to the Medical Examiner, Dr. Andrew Baker and they remain friends. Defense Attorney Eric Nelson asked Dr. Thomas something to the effect: If you removed the cops and the heart condition, and found Mr. Floyd in his apartment, could there be a finding that he died of a drug overdose? Incredulity written on Dr. Thomas’s face was the least of her response. Nelson is very fond of hypotheticals that have zero to do with the facts of this case.
Dr. Baker was the second witness of the day. Many, including me, thought he would be the defense’s best witness. He was not. Prosecution walked him through the Death Certificate. Interesting factoid for me is that he only fills in cause and contributing causes of death. Dr. Baker found the cause of death to be a homicide and contributing factors were coronary artery disease and drug use.
Under cross-examination, Baker agreed with Nelson's statement that Floyd's heart disease, narrowed arteries and drug use "played a role" in Floyd's death, but he testified that those things did not directly cause him to die. "Mr. Floyd's use of fentanyl did not cause the subdual or neck restraint," Baker said. "His heart disease did not cause the subdual or the neck restraint." . . . . "My opinion remains unchanged," Baker said as his testimony concluded. "It's what I put on the death certificate last June. That's cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression." "That was my top line then," he added. "It would stay my top line now." From MSNBC
Under cross-examination, Baker agreed with Nelson's statement that Floyd's heart disease, narrowed arteries and drug use "played a role" in Floyd's death, but he testified that those things did not directly cause him to die.
"Mr. Floyd's use of fentanyl did not cause the subdual or neck restraint," Baker said. "His heart disease did not cause the subdual or the neck restraint."
. . . .
"My opinion remains unchanged," Baker said as his testimony concluded. "It's what I put on the death certificate last June. That's cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression."
"That was my top line then," he added. "It would stay my top line now."
Dr. Baker’s response to cross examination was similar to Dr. Thomas’s — restrained contempt. He held firm regarding the cause of death. Nelson can call Baker back for direct testimony where he won’t be restricted to the questioning by the prosecution. He said he planned to bring back the Minneapolis Police Department’s (MPD) medical trainer who testified for the prosecution.
Today is the prosecution’s final day for direct testimony. I believe there will be one more medical witness and possibly a family member. The defense’s direct examination begins tomorrow. Should the prosecution find it necessary, they can call rebuttal witnesses after Nelson’s case in chief.
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Previous posts in this series so far, starting the afternoon of Day Two:
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