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Somewhat irrelevant as Floyd died of heart failure. Fowler brought it up as a possibility and something to look into, but never said or attempted to prove that Floyd died from car exhaust.
Not sure why you still feel the discredited Dr. Fowler's testimony/conclusions should be considered by the jury?
Dr. Tobin addressed not once, but twice.
Quote:
He was questioned about the findings of the Hennepin County medical examiner, who ruled Mr Floyd's death a homicide.
"I would fall back to undetermined, in this particular case," Dr Fowler testified.
He said, in his opinion, the cause of death was not clear because there were "so many conflicting different potential mechanisms". These complicating factors, he said, could be considered homicide in some cases, and accidental in others.
Mr Floyd's consumption of fentanyl and methamphetamine, and his possible exposure to carbon monoxide poisoning from the police car's exhaust, were among the complicating factors cited by Dr Fowler.
Asked about the cause of death, Dr Fowler said he believed Mr Floyd suffered "a sudden cardiac arrest" while struggling with the officers.
... In response, prosecutor Jerry Blackwell launched an aggressive cross-examination of Dr Fowler, questioning his conclusions and credibility as a witness.
Under questioning, Dr Fowler admitted that someone who dies from being deprived of oxygen ultimately dies of an arrhythmia.
"Every one of us in this room will have a fatal arrhythmia at some point," Dr Fowler testified.
Dr Fowler also agreed that Mr Floyd should have been given immediate medical attention when he went into cardiac arrest, as there still was a chance to save his life.
Chauvin trial: Floyd's death should be 'undetermined', defence expert says
During the final phase of death, the heart will not hyper anything. It will slowly cease or completely stop abruptly. So to with the lungs. It's not a crescendo. So fowler misled, mistated the body's final 'arrest' phase.
No person I've had the displeasure of attending during their final moments were hyper ventilating. The body exhausted its energy. It didn't go into hyper over drive. Shallow breathing is actually more common.
At 6 minutes into Floyd's prone restraint you clearly see this final phase happening.
The seizure itself might be called the crescendo as it's the thunderbolt announcement . That's it's done. All lights out.
This is pretty much why the defense could have rested their case without calling a single witness. The prosecution came out to prove how Floyd died beyond a reasonable doubt. Their own witnesses have alternatively said Floyd died from compression of the carotid artery starving the brain of blood/oxygen, asphyxiation caused by pressure directly to the neck, asphyxiation by pressure to the back not allowing expansion of the chest cavity once some of the prosecution's witnesses agreed that Chauvin's knee doesn't appear to be directly on Floyd's neck, and heart failure with no signs of asphyxiation.
I'm not even counting Fowler. Fowler didn't add much to the case, but he did bust one belief regarding Fentanyl and Floyd's respiration rate. The prosecution has been running the theory that Fentanyl did not affect Floyd's respiration rate as he was breathing 22 breaths/minute, which is within the normal range. Fowler said that if a person needs more oxygen their respiration rate typically jumps to 30+ breaths per minute, it doesn't just stay at a normal breathing rate. The prosecution didn't look to happy when he pointed this out.
Not sure where you're going with that idea either? Judge Cahill denied the motion to acquit Derek Chauvin of all charges only yesterday, & previously denied the same motion sometime last year.
Besides, State needs to show Derek Chauvin's actions were a substantial causal factor in causing George Floyd's death. The fact that other causes may have contributed to his death does not relieve the defendant of his criminal liability.
Not sure where you're going with that idea either? Judge Cahill denied the motion to acquit Derek Chauvin of all charges only yesterday, & previously denied the same motion sometime last year.
For some reason this person is eager to see an acquittal. Judge Cahill has seen the prosecution’s case and he obviously disagreed with the contention that the prosecution failed to meet the basic elements for murder 2, murder 3, and manslaughter 2.
Some people are crippled by their biases, like those who keep saying Chauvin will be acquitted or that the prosecution failed to make its case. Meanwhile, the reasonable people with attachment to reality are waiting to see the closing arguments and how the jury will weigh the information and testimonies provided.
Acquital motions are standard in cases like this. It's a checks and balances for the defense to use such a motion. I'd be more Leary if a defense lawyer wasn't doing his job in bringing such a motion.
Just as most objections are raised, that too is done mostly to give alert to the judge .
These lawyers are protecting their careers during this trial. Make no bones about it. When attry Nelson made that formal presentation with Chauvin on his choice to plead the fifth. It was also to cover his arse that he had fully counseled his client on the risks and his decision was chauvins alone. Blowback by clients is one way to get an appeal stating the lawyer did not fully represent the client or raise motions.
Acquital motions are standard in cases like this. It's a checks and balances for the defense to use such a motion. I'd be more Leary if a defense lawyer wasn't doing his job in bringing such a motion.
Just as most objections are raised, that too is done mostly to give alert to the judge .
These lawyers are protecting their careers during this trial. Make no bones about it. When attry Nelson made that formal presentation with Chauvin on his choice to plead the fifth. It was also to cover his arse that he had fully counseled his client on the risks and his decision was chauvins alone. Blowback by clients is one way to get an appeal stating the lawyer did not fully represent the client or raise motions.
Certainly. It would be hard for Chauvin to allege ineffective assistance of counsel if he were convicted. Nelson checked all the boxes. Too bad his witnesses fared so poorly on the stand.
For some reason this person is eager to see an acquittal. Judge Cahill has seen the prosecution’s case and he obviously disagreed with the contention that the prosecution failed to meet the basic elements for murder 2, murder 3, and manslaughter 2.
Some people are crippled by their biases, like those who keep saying Chauvin will be acquitted or that the prosecution failed to make its case. Meanwhile, the reasonable people with attachment to reality are waiting to see the closing arguments and how the jury will weigh the information and testimonies provided.
Are you one among those reasonable people waiting to see how the jury decides before you react? Or are you, like me, who have no vested interest in the outcome of the trial because you have faith in the justice system of our country?
The key point to all of this is pretty simple. Approx. 5-6 min in, one of the cops checked for a pulse and could not find one. That cop told Chauvin who acknowledged that no pulse was found and continued with neck and backpressure. At no time did anyone start life-saving measures, change the position of the back/neck, roll Mr. Floyd on his Left which is standard protocol when moving out of prone position to reduce aortic pressure, or verify if Mr. Floyd was even conscious / moving.
Think about it, Chauvin and two other cops were restraining essentially a dead person for 1-2 min before the ambulance showed up and none of them noticed the guy was not moving or struggling. I don't claim to be a genius but I know what a dead person versus a live person looks, feels, and behaves like and I am sure most of you could easily guess the difference if you have no first hand experience.
I would think if someone was restrained on the ground with three people on that person and the restrained person is no longer moving, this would end the need for a three-cop prone restraint. Mr. Floyd would be alive if the cops just said "guys not moving or responding, let's move off his back". That is all it would have taken here.
The complication that it took chauvin nine minutes to release Floyd of life? Was he going for a Guinness record? Poor chauvin probably thought it would only take seven minutes eh?
Floyd stated 27 times he couldn't breathe (that was audible).
The rookie officers were the only ones somewhat cognizant in following protocal. They reported the status of Floyd's vitals (or lack thereof) and were rebuffed by chauvin.
As has been pointed out many times, Floyd made that claim before the nine minutes. So either he was lying then - in which case Chauvin had good reason to not believe him afterwards - or he was telling the truth - in which case it was something else which killed him and not Chauvin’s actions.
It is possible that the rookie officers were naive and trusting, they hadn’t yet experienced how lying and deceptive and dangerous real criminals are, so they more easily believed Floyd.
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