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Fourth, Chauvin’s attorney was able to mention a couple of times on the record something that I hoped he would be able to get into evidence — that being the fact that information about expert opinions and other evidence in the case was continually being provided to him while the trial was underway, long after it was supposed to be delivered to him by the prosecution. //
He needs to take some time to show the jury that the entire process has been unfair and unethical. The prosecution has helped in this regard by using multiple prosecutors to examine witnesses. There was no need for that. The operative facts, in this case, covered a grand total of about 18-20 minutes — from Chauvin’s first contact with Floyd up through Floyd being loaded in the ambulance and being driven away. There is nothing about this case — with only 12 days of witness testimony in the prosecution’s case — that required more than one prosecutor. //
But he should criticize the government for its approach to the case and ask the jury why all these resources are necessary when the case is not very complicated. Could it be that the prosecution recognizes the weakness of their case, and they are trying to mask that by overwhelming the single solitary defense attorney battling back against them? With so many attorneys working on the case, why did materials related to witness testimony reach him so late so often? //
he needs to mock the dismissal by the prosecution’s experts of the impact of the Fentanyl in Floyd’s system. The Medical Examiner paid by the taxpayers of Hennepin County told the police that if Floyd had died alone at home, he would have ruled it an accidental overdose based on the lethal level of Fentanyl in his blood. //
The key to this point is that Dr. Tobin was never made aware by the prosecutors of the Fentanyl tablets found in the rear of the police car. The DNA testing proving they had been in Floyd’s mouth was done in February, but in the 60 days thereafter Dr. Tobin was not given that information. I would ask the jury to consider why that was held back by the prosecutors? Was it because they knew it would alter Dr. Tobin’s opinion about the mechanism of Floyd’s death? The defense asked that the patrol car be searched and that the tablets be tested — not the prosecution. If it hadn’t been for the defense, that evidence would have never been part of the case.
But the prosecution controlled what information was given to the prosecution’s experts, and on this one key piece of evidence that would impact Dr. Tobin’s opinion, the prosecutors chose to not give that information to him. Why?