Medical experts gave testimony state needed, without imploding on cross

Welcome to our ongoing coverage of the Minnesota murder trial of Derek Chauvin, over the in-custody death of George Floyd.  I am Attorney Andrew Branca for Law of Self Defense, providing guest commentary and analysis of this trial for Legal Insurrection.

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OVERVIEW

Today the state presented three medical/science experts. The first was Dr. Martin Tobin, Physician in Pulmonary and Critical Care Medicine, Chicago, presented as an expert witness on respiratory matters. He was followed by Daniel Isenschmit, Forensic Toxicologist, NMS Laboratories, who was involved in drug testing Floyd’s blood. And the day closed with Dr. William Smock, Emergency Medical Physician, and self-described “Police Surgeon,” who discussed excited delirium and some other issues.

OK folks, I won’t bury the lead—today’s trial proceedings looked a lot more typical for a prosecution presenting its case in chief than has been the case so far in Minnesota v. Chauvin.  What I mean by that is that the state finally had a day in which its own witnesses did not end up doing the defense more good than themselves.

We’ve grown so accustomed to Nelson simply having his way with prosecution witnesses that today might appear as if it were bad for the defense.  It would be more accurate to say it was not a great day for the defense—which is quite a change from past experience.

In truth, however, this is what every day of the trial should have looked like so far. Right now it is the prosecution in charge, presenting their case, in control of direct questioning.  The defense is very limited in what they can do on cross-examination. They can’t simply produce their own evidence for the jury, they can’t argue with the state’s witnesses, they are limited in their cross-examination to only the issues the state has chosen to raise in their direct questioning.

These are all real and substantive constraints on the defense while the prosecution is presenting their case in chief.  The amazing thing about this trial to date is how well the defense has been doing even while bound by those constraints.

Today was, again, far more typical of what should be expected.  The prosecution is putting forth its witnesses, framing the issues the way they want them framed, asking the scope of questions the way they want them scoped—every day should make the prosecution look just awesome.

The turnaround on that perception really ought not be expected until the defense has their turn at bat, gets to present their own witnesses, to frame the issues the way they want them framed, ask the scope of questions the way them want them scoped—and the state finds itself bound by all the constraints that so far have limited only the defense.

This is also why I urge all of you to not make day-to-day judgments about how the trial is going, at least not in the sense of expecting any day’s events to predict the likely outcome of the trial.   A football game is not decided in the first half, and a criminal prosecution ought not be expected to be a wrap when only the state’s version of the narrative has been fleshed out in court.

That said, the state got done what it needed to get done today with its expert witnesses, who unambiguously told the jury that Floyd’s death was the direct result of the police restraint used to hold him for EMS, period, and that nothing else mattered. Not Floyd’s fentanyl level, not Floyd’s substantial co-morbidities. Not Floyd’s poorly made decision to fight four police officers against lawful arrest.

So, as would normally be expected at this point in the trial, but which has gone missing up to now, the state had a good day today.

That’s not to say the defense did poorly, within the constraints already described.

I will note that Defense Counsel Eric Nelson definitely appeared tired today, he was hoarse, and clearing his throat. Could he be wearing down? With any luck tomorrow, Friday, will be an early day and he’ll have the weekend to get some R&R. I trust he’ll be back to form on Monday.