Chauvin Trial Day 14 – BREAKING: Derek Chauvin Will Not Testify, Asserts 5A Privilege
State recalls Dr. Tobin, pulmonologist, to rebut yesterday’s testimony by defense expert Dr. Fowler
The defense has announced that Derek Chauvin will not testify on his own behalf, instead asserting his 5A privilege. He has also asked Judge Cahill to give the relevant jury instruction that he is not obligated to testify, and that guilt cannot be inferred from his declining to testify.
Here’s video of that discussion in court this morning:
Finally, the defense is calling no more witnesses, and will rest shortly.
The state, however, is calling Dr. Tobin to rebut some of Dr. Fowler’s testimony later.
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And thanks, as always, to both Legal Insurrection and CCW Safe for the support that makes my coverage of this case possible.
Until next time, stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
Attorney Andrew F. Branca’s legal practice has specialized exclusively in use-of-force law for thirty years. Andrew provides use-of-force legal consultancy services to attorneys across the country, as well as near-daily use-of-force law insight, expertise, and education to lawyers and non-lawyers alike. He wrote the first edition of the “Law of Self Defense” in 1997, which you can now order in its current edition for just the price of shipping and handling by clicking here. To know YOUR state’s use-of-force laws in an actionable way that will keep you safer physically and legally, take our state-specific advanced use of force class either streamed online or via a shipped DVD with a 100% no-question- asked money-back guarantee, here: Law of Self Defense State Specific Use-Of-Force Class.
[Featured image is a screen capture from video of today’s court proceedings in MN v. Chauvin.]
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Comments
Bringing in Tobin again feels like state spiking the football with their one great expert witness. If I were on the jury I’d be perplexed to see that weasel again.
Tobin was a great expert witness. I thought he came across as a total quack. This will allow Nelson an opportunity to shred him.
I’m amazed the defense team (Nelson) didn’t focus more with medical experts on George Floyd’s state of health and toxicity levels.
It seems to me there was a real lack of expert analysis done AT trial on those matters as to better explain cause of death than that witness yesterday in bringing up a CO2 intake as a contributing factor
… like, what? I mean it’s possible it could have played a small role, but common sense would lead one to believe his poor health + drugs in system put Floyd at far greater risk
Thoughts on this weird strategy? I’d anything, I felt the defense side of things felt underwhelming in terms of presenting a case.
Was not smart for the defence to bring up all these possible contributing causes of death .
Cause the jury with the video in their head will also find the knee to the neck as a more contributing factor than Floyd getting a sniff of car exhaust.
Like you said the main focus should have been on the obvious 4 times the lethal amount of fentanyl in his system.That should have been the only focus along with the fact the knee where it was placed could not have killed Floyd .
But the trial established that the knee on neck issue is dependent on the angle of the footage. Even if the knee was on the neck – which isn’t established, then why is there no evidence of the pressure that was allegedly applied? No bruising implies no pressure. All Floyd’s injuries were elsewhere.
I would’ve put a defense pulmonologist on the stand today. And Dr. Michael Welner as well.
I think this is the right move. Chauvin being cross-examined by the black lawyer for the state using his crap tactics from the day before will be bad optics no matter how it goes.
Reluctantly I agree. I’d have preferred to hear Chauvin’s take on things – an innocent man has nothing to fear an honest pursuit of the truth, but the prosecution isn’t honest and would look to twist anything Chauvin says.
Can Fowler then be re-called to re-but Tobin?
Seems like a stacked deck.
OK, I don’t understand the courtroom strategy here. The prosecution can’t call the defendant as a witness, only the defense can. And there’s no rule that the defense has to. So why not just not call Chauvin to the stand at all, rather than make a big announcement that Chauvin is taking the 5th, and introducing all that potential prejudice?