Day 13 of Derek Chauvin trial testimony concludes
The 13th day of trial testimony in Derek Chauvin’s murder trial has come to a close. These proceedings marked the second day of Chauvin’s defense case. Chauvin’s lawyer, Eric Nelson, called Dr David Fowler to testify as an expert witness.
Fowler, a forensic pathologist, testified that factors other than Chauvin’s restraint caused George Floyd’s death. The prosecution, however, poked holes in his claims – including Fowler’s statement that carbon monoxide poisoning might have played a role.
Chauvin is a former officer with the Minneapolis police department. He is on trial for charges of second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the 25 May 2020 death of Floyd. Chauvin, who is white, pressed his knee against the neck of Floyd, who is Black, for nine minutes and 29 seconds during an arrest.
Floyd, who was restrained and subdued against the pavement, in a prone position, died. Chauvin pleaded not guilty pleas to the charges against him.
Today’s proceedings took place amid the backdrop of another police killing. Former Brooklyn Center police officer Kim Potter was arrested on a second degree manslaughter charge, in the fatal shooting of Daunte Wright during a traffic stop on Sunday.
Here are the major developments from today’s proceedings:
- Fowler testified that Floyd might have endured carbon monoxide poisoning while subdued on the ground, given that his head was near the tail pipe of a police vehicle. “There is exposure to a vehicle exhaust, so potentially carbon monoxide poisoning, or at least an effect of carbon monoxide in his bloodstream,” he said. Fowler claimed that Floyd’s heart conditions, fentanyl and methamphetamine use, and possible carbon monoxide exposure, “all of those combined to cause Mr Floyd’s death”.
- Of course, the vehicle would have had to be on, emitting carbon monoxide, for Floyd to be exposed to this gas and its potential dangers. The prosecution, on cross, pressed Fowler on whether he could prove this. “Cutting even more to the chase, how do you even know the car was on?” prosecutor Jerry Blackwell asked. Fowler said that he “made the observation” of water “dripping from a tail pipe”. Blackwell asked whether Fowler just assumed the vehicle was running because he spotted water. “It’s not an assumption. It was an evaluation which, in my mind, the vehicle was running,” he replied.
- Fowler also said on cross that Floyd should have received emergency medical attention on the scene of his arrest. He said this after differentiating between cardiac arrest and death. Chauvin’s defense has said that Floyd died from a sudden cardiac event. By making a distinction between cardiac arrest and death, Fowler opened the door for more questioning on this. Blackwell asked whether immediate medical assistance could have prevented cardiac arrest from turning fatal. “Immediate medical attention for a person who’s gone into cardiac arrest may well have reversed that process,” Fowler said.
- Blackwell’s cross examination emphasized this point, asking Fowler whether he felt Floyd should have been given medical aid. “As a physician, I would agree.”
Blackwell then asked Fowler “are you critical” of the fact that Floyd didn’t get medical attention on the scene of his arrest. “As a physician, I would agree.”
- The judge in Chauvin’s case, Peter Cahill, decided that Morries Hall, who was with Floyd before his deadly arrest, had made a successful argument invoking his fifth amendment right against self-incrimination. This meant Hall would not take the stand. Hall told Cahill he wouldn’t answer questions, saying: “I’m fearful of criminal charges going forward. I have open charges that’s not settled yet about personal stuff.” Hall’s lawyer had said that even if his testimony were limited to being in the car with Floyd, it could expose him to drug possession or even third-degree murder charges.
That’s the end of our live coverage for today. We will return tomorrow morning with more breaking coverage of Chauvin’s trial.
Updated
Dr David Fowler, the forensic pathologist who took the stand for Chauvin’s defense, has completed his testimony. The judge has told jurors that court is over for the day. We will soon bring you a detailed recap of the day’s events.
Washington county, Minnesota prosecutors have issued a statement on the arrest of former Brooklyn Center police officer Kim Potter, who now faces a second degree manslaughter charge in the fatal shooting of Daunte Wright during a traffic stop Sunday.
“Certain occupations carry an immense responsibility and none more so than a sworn police officer,” Imran Ali, Washington county assistant criminal division chief and director of the Major Crime Unit, says in a statement. “With that responsibility comes a great deal of discretion and accountability. We will vigorously prosecute this case and intend to prove that Officer Potter abrogated her responsibility to protect the public when she used her firearm rather than her taser. Her action caused the unlawful killing of Mr. Wright and she must be held accountable. County Attorney Peter Orput and I met with the family, expressed our deepest sympathies and assured them we would spare no resources in seeking justice for Mr. Wright.”
We will have more details on the criminal allegations against Potter soon.
According to prosecutors, Minnesota Bureau of Criminal Apprehension investigators “examined Potter’s duty belt and saw that the handgun is holstered on the right side of the belt and her Taser is on the left side.”
“The grips or handles of both the gun and Taser face Potter’s rear. The Taser is yellow with a black grip. Also, the Taser is set in a straight-draw position, meaning Potter would have to use her left hand to pull the Taser out of its holster,” officials say.
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Dr David Fowler, the forensic pathologist called to testify for Chauvin’s defense earlier today, has told the court that George Floyd should have gotten medical care at the scene.
Prosecutor Jerry Blackwell got Fowler to say this during his cross-examination, as the doctor has said there is a difference between cardiac arrest and death.
It’s important that Fowler has drawn this distinction, considering Chauvin’s defense is rooted in the claim that Floyd died from a sudden cardiac event due to health problems or drug use.
Blackwell asks whether immediate emergency medical attention may have prevented cardiac arrest from turning deadly.
“Immediate medical attention for a person who’s gone into cardiac arrest may well have reversed that process,” Fowler replies.
Blackwell asks Fowler whether he feels Floyd should have been given medical attention.
“As a physician, I would agree.”
Blackwell then asks Fowler “are you critical” of the fact that Floyd didn’t receive medical attention on the scene.
“As a physician, I would agree.”
Updated
George Floyd's girlfriend had been Daunte Wright's teacher
How worlds collide, often in the worst of times. It has come to light that Courteney Ross, who was George Floyd’s girlfriend when he was killed by the Minneapolis police last year, had at one point been the teacher of Daunte Wright, who was shot dead by police not 15 miles away on Sunday, in Brooklyn Center.
Naisha Wright, Daunte’s aunt, revealed the connection yesterday, as relatives of Floyd and Wright spoke out together outside the court house in downtown Minneapolis where, inside, Derek Chauvin’s defense was arguing at his murder trial that the former police officer was justified in pinning Floyd to the street with a knee on his neck.
“My nephew was 20 years old, 20 years old,” she said. “He was loved. He was ours,” Naisha Wright said.
“The craziest thing is to find out today that my family has connections to this man, to this family. His girlfriend was a teacher for my nephew. My nephew was a lovable young man. His smile, oh lord, the most beautiful smile. Ya’ll took that,” she added, and CBS reported.
Ross gave heart-wrenching testimony for the prosecution at Chauvin’s trial.
The station added that Ross confirmed her connection to Wright to the Washington Post yesterday, telling the outlet that Wright attended Edison High School while she was a dean. He was a “silly boy, as goofy as can be,” and “needed a lot of love.”
She also said that one of the last times she saw him was when she and Floyd were walking through Brooklyn Center in the summer of 2019. They saw him being confronted by police.
We have reports from the families’ gathering in Minneapolis and the community reactions in Brooklyn Center, from our correspondents.
Prosecution questions defense witness claim Floyd may have suffered carbon monoxide poisoning
The prosecution’s cross-examination of Dr David Fowler, the forensic pathologist who has testified for Chauvin’s defense, has immediately challenged his statement that George Floyd might have endured carbon monoxide poisoning during his arrest.
Floyd was held prone against the pavement while Chauvin kept his knee against his neck for more than nine minutes. Floyd’s head was on the ground, right near the rear of a police vehicle. Fowler has claimed that carbon monoxide poisoning might have been a contributing factor to Floyd’s death.
“Cutting even more to the chase, how do you even know the car was on?” prosecutor Jerry Blackwell asks shortly after beginning his cross.
Fowler replies that he “made the observation” of water “dripping from a tail pipe.”
Blackwell presses whether Fowler simply assumed the vehicle was running simply because he saw water.
“It’s not an assumption. It was an evaluation which, in my mind, the vehicle was running.”
Updated
And we are back from the lunch break in Derek Chauvin’s murder trial. The prosecution has begun its cross-examination of Dr David Fowler, the forensic pathologist who has testified for Chauvin’s defense this morning.
Shortly before court resumed, authorities announced that Kim Potter, the Brooklyn Center, Minnesota police officer who fatally shot Daunte Wright during a traffic stop Sunday, has been arrested.
Minnesota ex-officer who shot dead Daunte Wright arrested
Agents with the Minnesota Bureau of Criminal Apprehension (BCA) have arrested the former Brooklyn Center police officer Kim Potter for the shooting death of Daunte Wright, 20,” the authorities have announced.
“Agents took Kim Potter into custody at approximately 11.30am at the BCA in St. Paul,” the state agency said via Twitter.
The BCA said that “after consultation” with Washington County prosecutors, Potter will be booked at the Hennepin County Jail.
Minnesota BCA arrested former #BrooklynCenter Officer Kim Potter at 1130am this morning. She’s in the Hennepin Co Jail. @CBSNews @CBSEveningNews pic.twitter.com/BWh0A9Uwb9
— Omar Villafranca (@OmarVillafranca) April 14, 2021
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Kim Potter, a Brooklyn Center, Minnesota police officer, is reportedly going to be charged with second degree manslaughter in the shooting death of Daunte Wright, 20, during a traffic stop on Sunday; under state law, this charge carries a maximum penalty of up to 10 years in prison.
Potter has resigned from the police department, apprising city officials of her decision in a letter Tuesday. The department’s police chief, Tim Gannon, has said that Potter meant to fire her Taser, not her gun; he has since resigned as well.
So what is second degree manslaughter under Minnesota law?
The state of Minnesota says that a person commits second degree manslaughter if they cause a death from “culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another.”
A person might also be found guilty of second-degree manslaughter if they were “shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal” or “by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device...”
A second degree manslaughter charge can also result from “negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner’s premises, or negligently failing to keep it properly confined.”
A person who causes death by “committing or attempting to commit [neglect or endangerment of a child], and murder in the first, second, or third degree is not committed thereby” also falls under second degree manslaughter.
Civil rights attorney Ben Crump, who represents the family of Daunte Wright, the 20-year-old Black man fatally shot by a police officer in Brooklyn Center, Minnesota on Sunday, has commented on the news that prosecutors will file a criminal complaint.
The New York Times has reported that officer Kim Potter, who has since resigned from the department, will be charged with second-degree manslaughter; prosecutors have reportedly said that a criminal complaint would be filed later Wednesday.
Crump and his colleagues, attorneys Jeff Storms and Antonio Romanucci, have said in their statement:
“While we appreciate that the district attorney is pursuing justice for Daunte, no conviction can give the Wright family their loved one back. This was no accident. This was an intentional, deliberate, and unlawful use of force. Driving while Black continues to result in a death sentence. A 26-year veteran of the force knows the difference between a taser and a firearm. Kim Potter executed Daunte for what amounts to no more than a minor traffic infraction and a misdemeanor warrant. Daunte’s life, like George Floyd’s life, like Eric Garner’s, like Breonna Taylor’s, like David Smith’s meant something. But Kim Potter saw him as expendable. It’s past time for meaningful change in our country. We will keep fighting for justice for Daunte, for his family, and for all marginalized people of color. And we will not stop until there is meaningful policing and justice reform and until we reach our goal of true equality.”
Updated
Police officer who killed Daunte Wright will face manslaughter charge, reports say
The Brooklyn Center, Minnesota police officer who fatally shot Daunte Wright on Sunday will be charged with second-degree manslaughter, according to The New York Times and several other reports. Pete Orput, the Washington County, Minnesota prosecutor, told The Times that a criminal complaint would be filed later Wednesday.
Kim Potter, who has since resigned from the police department in this Minneapolis suburb, shot Wright during a traffic stop, spurring three nights of protests. The department’s police chief, Tim Gannon, has claimed that Potter meant to fire her Taser; he has also resigned.
The killing of Wright has further stoked tensions in Minneapolis, which is preparing for an outcome in former police officer Derek Chauvin’s murder trial.Chauvin is on trial for second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the death of George Floyd, who is Black.
Chauvin kept his knee pressed the neck against Floyd, who is Black, for more than nine minutes last May. Floyd, who was held prone against the pavement during this arrest, died after being subdued and restrained.
Updated
We’re now on a short break in testimony from Dr David Fowler, the forensic pathologist who’s a defense witness for Chauvin.
So far, Fowler has not said anything particularly bombshell. Chauvin’s lawyer, Eric Nelson, has called him to testify that Floyd’s heart problems caused his death. We knew this would happen, as Nelson’s strategy all along has been to say that Floyd’s underlying health conditions, as well as fentanyl and methamphetamine use, killed him, not Chauvin’s actions.
“The more the individual is stressed, both physically and in other ways, the more the demand on the heart is going to increase,” Fowler has testified.
Nelson then asks Fowler how stress, combined with methamphetamine, could impact an ailing heart. Floyd’s heart had narrowed arteries.
Fowler says “there’s a potential” that the combination of methamphetamine and adrenaline could lead to “further narrowing” of these arteries, “restricting blood flow.”
Watch the live feed here:
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Dr David Fowler, the forensic pathologist on the stand as an expert witness in Chauvin’s defense, has been sued over his handling of an investigation into the death of a Black teenager.
David Fowler, who resigned from Maryland's medical examiner office in 2019, is being sued by Anton Black's family for wrongful death and civil rights violations. The federal lawsuit alleges that Fowler "covered up and obscured police responsibility for Anton Black's death." https://t.co/ke9uoezkIh
— Janelle Fiona Griffith (@janellefiona) April 14, 2021
NEARLY TWO YEARS before George Floyd was pinned under the knee of former Minneapolis police officer Derek Chauvin, Anton Black was pinned to the ground by police outside his home in Greensboro, Maryland.
On September 15, 2018, body camera footage captured the 19-year-old struggling under the weight of multiple officers, laboring to breathe and crying out for his mother.
Black’s mother watched her son die in front of her. He used his last breaths to shout “I love you.”
Dr. David Fowler, who was the chief medical examiner of Maryland for nearly two decades, classified Black’s death as an accident. Now, he is an expert witness for Chauvin’s defense and is expected to offer testimony as to how Floyd died last year.
The forensic pathologist, who resigned from Maryland’s medical examiner office in 2019, is one of several parties being sued by the Black family for wrongful death and civil rights violations. The lawsuit, filed in federal court in December, alleges that Fowler “covered up and obscured police responsibility for Anton Black’s death.”
The Intercept also notes:
The determination in Black’s case was part of a broader pattern of the medical examiner’s office relying on police narratives in cases involving deaths in custody, the complaint on behalf of the Black family argues. Between 2013 and 2019, 30 percent of deaths involving a law enforcement officer reviewed by Maryland’s Office of the Chief Medical Examiner were classified as “accidents,” “undetermined,” or due to “natural causes,” according to data released by the state.
Sonia Kumar, an attorney with the American Civil Liberties Union of Maryland, who is representing Black’s relatives, told The Intercept that Fowler’s role in the Chauvin case was “disturbing” and “troubling.”
“The flawed practices that have been used in Maryland to prevent police accountability and accurate assessment of deaths in police custody are now being exported to the murder of George Floyd and a broader national stage,” Kumar reportedly said.
Dr David Fowler, the forensic pathologist now testifying as an expert for Chauvin’s defense, has said that Floyd’s health problems and drugs contributed to him having a “sudden cardiac arrest.” It’s not surprising that Fowler would say this: Chauvin’s defense has argued throughout trial that Floyd died because of his health and drug use.
What is a bit surprising is that Fowler has cited car fumes as a potential factor in Floyd’s death. “There is exposure to a vehicle exhaust, so potentially carbon monoxide poisoning, or at least an effect of carbon monoxide in his bloodstream,” he has said.
In Fowler’s view, Floyd’s heart conditions, fentanyl and methamphetamine use, and carbon monoxide, “all of those combined to cause Mr Floyd’s death.”
It’s going to be interesting to see how the prosecution handles Fowler’s mention of carbon monoxide, as well as his other opinions. Fowler has also picked at terminology on US death certificates.
"Homicide" is a "neutral term" and does not indicate or implicate "criminal intent" per Fowler.
— Katie S. Phang (@KatiePhang) April 14, 2021
"Undetermined" means when "one manner of death is no more compelling than one or more other competing manners of death in consideration of all available information."
— Katie S. Phang (@KatiePhang) April 14, 2021
So, Nelson is trying to use Fowler to undermine that a homicide even took place in Floyd’s death.
Updated
One of The Guardian’s correspondents in Minnesota, Amudalat Ajasa, has been in Brooklyn Center reporting on the police killing of Daunte Wright, 20. Wright, a Black man, was fatally shot during a traffic stop Sunday. Authorities are expected to make an announcement about whether to charge the officer who shot Wright, Kim Potter.
Ajasa reports: “Outraged and spiritually exhausted residents of Brooklyn Center on the outskirts of Minneapolis have condemned what they described as a long track record of racial targeting by police in the small city.”
“This is nothing new. It’s been ongoing. It’s always like this,” Stacy Osagiede, 24, told Ajasa.
“I’ve been pulled over multiple times in this area,” Osagiede, who has lived the majority of her life in Brooklyn Center, said of driving in her mother’s Mercedes.
Testimony in the Derek Chauvin trial has resumed. Chauvin’s defense lawyer, Eric Nelson, has called Dr David Fowler to testify as an expert witness. Fowler, who retired from his role as Maryland’s top medical examiner in 2019, is a veteran forensic pathologist.
Nelson is expected to call several medical witnesses for the defense in an attempt to show that George Floyd died to his drug use and heart problems. The prosecution has argued that Floyd died because of Chauvin’s use-of-force, not drugs or health conditions.
Court has resumed for the day in the trial against Derek Chauvin.
The judge in Chauvin’s case, Peter Cahill, has decided that Morries Hall, who was in the car with Floyd before his deadly arrest, has made a successful argument invoking his Fifth Amendment right against self-incrimination. This means that Hall will not testify.
Cahill has previously said that he wanted to see whether Hall will invoke his Fifth Amendment right against self-incrimination before deciding whether he had to testify.
Hall’s lawyer has just told Cahill: “To summarize, Mr Hall cannot answer any of the questions the defense put forward.”
“If Mr Hall puts himself in that car,” his attorney says, referring to his being with Floyd prior to arrest, Hall could face drug possession and potentially a third-degree murder charge.
Cahill has asked Hall whether he would be willing to answer questions relating to him being in the car with Floyd.
“Would you be willing to answer those?”
“No, I am not,” he says.
“Why would you not answer those?”
“I’m fearful of criminal charges going forward. I have open charges that’s not settled yet about personal stuff.”
“I am finding that he has a complete Fifth Amendment privilege here,” Cahill has said in announcing his decision. “I am going to quash the subpoena.”
Testimony from other witnesses is expected to begin soon.
Updated
Chauvin trial enters 13th day of testimony
Good morning, readers, and welcome back to our coverage of the Derek Chauvin murder trial. The trial is entering its 13th day of witness testimony, and court proceedings are expected to resume at 8:45 am CT.
Chauvin’s trial comes several days after another Minneapolis-area police killing—which has prompted three nights of protests and further raised tensions in a region that is bracing for potential turmoil over the Chauvin trial’s conclusion. Authorities have said that they will soon announce a decision in whether to charge the officer for the fatal shooting, heightening these tensions even more.
On Sunday, a police officer in the Minneapolis suburb of Brooklyn Center, Minnesota, fatally shot Daunte Wright, a 20-year-old Black man, during a traffic stop. The Brooklyn Center police chief resigned on Tuesday, as did the officer who shot Wright, Kim Potter.
Chauvin, a white officer who formerly worked in the Minneapolis police department, is charged with second-degree unintentional murder, third-degree murder, and second-degree manslaughter, in the death of George Floyd, who is Black.
Chauvin pressed his knee against Floyd’s neck for more than nine minutes while arresting him last May. Floyd died during this arrest. Chauvin has entered not guilty pleas to these charges.
Here are some turning points from Tuesday’s proceedings:
- Chauvin’s attorney, Eric Nelson, started calling defense witnesses to testify. Among them was Barry Brodd, a former police officer and veteran use-of-force expert. Nelson has insisted that “reasonable” use-of-force varies dramatically with the specifics of a situation. He has claimed that the onlookers around Floyd’s arrest acted aggressively, and distracted police. Brodd, asked to give his opinion on Chauvin’s behavior, said: “I felt that Derek Chauvin was justified” and acted reasonably under “current standards of law enforcement.”
- Shawanda Hill, who was in the car with Floyd before his arrest, testified that he was alert when she ran into him at Cup Foods, the store where he allegedly used a counterfeit $20 bill. Hill claimed that Floyd started drifting into sleep when they entered the car. When she woke him up, Floyd would fall asleep again. Nelson, who called Hill to the stand used these questions to claim that Floyd was had ingested sleep-inducing opioids. Nelson’s defense case is based on the idea that Floyd’s drug use and heart problems caused his death, not Chauvin’s restraint and subdual.
- Hill’s testimony didn’t seem to strengthen Nelson’s position. She said on the stand “He already told me in the store that he was tired because he had been working—”. Hill was stopped from continuing her sentence, but the court could hear what she said. On cross, Hill told the prosecution that he didn’t demonstrate any signs of heart or breathing problems issues before his encounter with police.
- Nelson brought Minneapolis park police officer Peter Chang to testify. Nelson questioned Chang—who was at tbe arrest scene—about the crowd. Nelson has attempted to show that onlookers posed a threat to Chauvin and his colleagues. Chang claimed that the onlookers were “becoming more loud and aggressive” and that he had concerns for the police officers’ safety.
- Scott Creighton, Nelson’s first witness, arrested Floyd around two years ago. Nelson asked Creighton, who is now from the Minneapolis police department, about whether Floyd was resisting officers’ commands during this arrest. Prosecutors questioned Creighton in a way that indicated Floyd was not enduring any medical distress during this incident.
That is all for now. We will bring you more breaking news as it happens, as well as analysis.
