Hennepin County Judge Peter Cahill is holding the murder trial of former Minneapolis police officer Derek Chauvin, based on The Western Journal.
Prosecutors have asked to submit new evidence regarding George Floyd’s carbon dioxide levels during his arrest.
The Judge has denied the petition.
“If he even hints that there are test results the jury has not heard about, it’s going to be a mistrial, pure and simple,” Judge Cahill stated.
“This late disclosure is not the way we should be operating here.”
Prosecutor Jerry Blackwell said, “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.”
“The defense gave notice that this was going to be an issue and specifically talked about testing the sample,” Cahill said.
“Even if it’s just because Dr. Baker called the state and said,’Wecan actually find this’ at 8 o’clock this morning, when the defense expert is done testifying, has left the state. It’s untimely to give the notice.”
Judge Cahill said, “Dr. Tobin may testify as to carbon monoxide if he sticks to the environmental factors and as a pulmonologist — looking at the videos for example and seeing Mr. Floyd’s location and not knowing whether the vehicle is even on or not, which the state brought out in cross-examination — all those factors, he can talk about environmentally.”