Judge Peter Cahill told Jerry Blackwell on Thursday morning during the trial of Derek Chauvin for the homicide of George Floyd that no new evidence would be presented at this point.
Blackwell had wanted to introduce the arterial gas levels from Floyd's autopsy to show his carbon monoxide levels.
According to the The Hill, the defense claimed in court that there was a chance of Floyd dying from carbon monoxide poisoning, since he was on the ground near a police car that was running, which is what prompted the prosecution's move to introduce the new evidence to rebut the claim.
"You agree as an expert witness that you shouldn't jump to conclusions? That is, you should reach fair conclusions based upon a careful considered analysis? Do you agree that you shouldn't come at this in a way that's biased? You agree with that, don't you? You shouldn't cherry-pick facts? You shouldn't try to confuse the jury?" Blackwell asked the witness, David Fowler, at that time, during his cross examination.
Blackwell told Judge Cahill that medical examiner Andrew Baker had found test results that had relevant information related to Floyd's blood levels of carbon monoxide at the time of his death.
"Dr. Baker heard the testimony, had not himself ever requested this, nor had the ER physicians. They explained that when somebody is brought in, and blood gases are taken, there’s a panel of them that are taken, the ones that get generated and the records would be the ones that the ER physicians actually request. Nobody requested carbon monoxide, readings, because they didn't see how that was relevant," said Blackwell.
Judge Cahill, however, found that there was not enough reason to break normal trial procedure and introduce new evidence at this late stage of the trial.
"The defense gave notice that this was going to be an issue and specifically talked about testing the sample," opined the judge.
“Even if it's just because Dr. Baker called the state and said, 'We, we can actually find this at eight o'clock this morning,' when the defense expert is done testifying, has left the state."
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