Derek Chauvin is on trial for George Floyd's death

After the defense rests its case, Judge Peter Cahill will allow the prosecution to call a witness to rebut some of the testimony by defense expert witness, Dr. David Fowler. But the judge said that he will limit what the witness can testify about.

During a court proceeding this morning prior to the jury coming in, both sides argued over the rebuttal testimony.

Prosecutor Jerry Blackwell told the judge that the prosecution had new evidence to present regarding carbon monoxide in George Floyd's blood. Yesterday, Dr. Fowler, a retired forensic pathologist, said it was possible that carbon monoxide ingestion from the tailpipe of the car that Floyd was pinned on the ground near could have contributed to his death.

Defense attorney Eric Nelson said he opposed allowing the prosecution to present this evidence and call its rebuttal witness. Nelson argued that the disclosure of these new test results was untimely. He said that he only received the information last night after court had wrapped for the day.

The prosecution indicated in court that the witness they will call to rebut Fowler's testimony is Dr. Martin Tobin, a pulmonologist that testified at trial that Floyd died of "low oxygen levels."

The judge ruled that Tobin can testify however, he is not allowed to tell the jury about the test results. He said that any mention of these records will result in a mistrial.

Moments ago, Derek Chauvin told the court he would not testify in his own defense in the George Floyd murder trial. 

Chauvin invoked his Fifth Amendment right when he chose not to testify.

According to the White House, the Fifth Amendment "provides that citizens not be subject to criminal prosecution and punishment without due process."

Here's the full amendment:

Ex-Minneapolis Police officer Derek Chauvin just said he will invoke the Fifth Amendment and not testify at his murder trial.

The defense also does not have the burden of proof, she added.

"He never had the burden to prove his innocence. It always remained with the prosecution. And now, the jury will be instructed, per his request, that they are not to draw any inference from his decision not to testify," Coates explained.

Defense attorney Eric Nelson just explained to his client that he has the right to testify at the trial. Derek Chauvin just said that he will invoke the Fifth Amendment and not testify.

Here was their exchange:

Nelson: Have you made a decision today, whether you will attempt to testify, or whether you intend to invoke your Fifth Amendment right? 

Chauvin: I will invoke my 5th amendment privilege today. 

The judge then asked Chauvin if the decision was his. He said it was.

See the moment:

The 14th day of testimony is set to begin soon in the murder trial of former Minneapolis police officer Derek Chauvin.

Chauvin is charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter in the death of George Floyd, who died in May 2020 after Chauvin placed his knee on Floyd's neck while he pleaded, "I can't breathe."

Yesterday, Maryland's former chief medical examiner testified for Chauvin's defense that Floyd died due to his underlying heart disease — not the police restraint.

That testimony cuts at the prosecution's argument, bolstered by five separate medical experts, that the primary cause of death was Chauvin's restraint of a handcuffed Floyd in the prone position — known as "positional asphyxia." To get a guilty verdict, prosecutors have to prove that Chauvin's actions were a "substantial causal factor" in Floyd's death.

The idea that carbon monoxide poisoning may have contributed to George Floyd’s death is “completely ludicrous,” Dr. Cyril Wecht, a forensic pathologist and attorney, said yesterday. 

Dr. David Fowler, the retired Chief Medical Examiner for the state of Maryland, testified in the trial of former Minneapolis Police Officer Derek Chauvin Wednesday, saying that carbon monoxide from the police car may have decreased Floyd’s ability to breathe.

Wecht added that carbon monoxide poisoning can cause a “pinkish-red” discoloration of the body, which was not described in Floyd’s case. 

Watch:

The jury in Derek Chauvin's trial has heard from multiple witnesses so far, and they've been shown bystander and police footage of George Floyd's final moments. 

If convicted, Chauvin could face up to 40 years in prison for second-degree murder, up to 25 years for third-degree murder, and up to 10 years for second-degree manslaughter. The charges are to be considered separate, so Chauvin could be convicted of all, some or none of them.

While the jurors are unnamed and not seen on camera, we do know basic details about them.

Here's what we know about the jury:

Read more about about the jury here.

Maryland's former chief medical examiner testified for Derek Chauvin's defense on Wednesday that George Floyd died due to his underlying heart disease — not the police restraint.

Floyd had narrowed coronary arteries, known as atherosclerosis, and an enlarged heart due to his high blood pressure, or hypertension, Fowler said. Floyd's fentanyl and methamphetamine use and a tumor known as a paraganglioma were other significant conditions that contributed to his death, he said.

Fowler also put forth a novel argument that carbon monoxide from the squad car's exhaust may have contributed to his death.

In all, he said Floyd's death should have been classified as "undetermined," rather than a homicide, because there were so many competing causes.

The testimony cuts at the prosecution's argument, bolstered by five separate medical experts, that Floyd's primary cause of death was Chauvin's restraint of a handcuffed Floyd in the prone position — known as "positional asphyxia." To get a guilty verdict, prosecutors have to prove that Chauvin's actions were a "substantial causal factor" in Floyd's death.

Watch: