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Minneapolis Officer Declines to Testify in His Defense in Floyd Case

Ken Bredemeier

   WASHINGTON - Former Minneapolis police officer Derek Chauvin invoked
   his constitutional right against self-incrimination Thursday and did
   not testify in his defense in the death last year of a Black man,
   George Floyd, whom Chauvin pinned down on a city street by pressing his
   knee on Floyd's neck for more than nine minutes.

   Chauvin, 45, is facing murder and manslaughter charges in the
   high-profile case that triggered worldwide protests against police
   abuse of minorities. He told trial Judge Peter Cahill he had
   extensively discussed whether to testify with his attorney, Eric
   Nelson, but decided on his own not to.

   He accepted Cahill's offer to read a standard legal instruction to the
   12-member jury that it should not draw any implication from Chauvin's
   decision not to testify.

   Defense rests

   The defense wrapped up its case Thursday shortly after Chauvin
   expressed his decision. It was the first time that Chauvin, who is
   white and was a 19-year veteran of the Minneapolis police force before
   he was fired in the aftermath of Floyd's death, had spoken at the
   three-week trial.

   The jury will hear closing arguments Monday and then begin
   deliberations.

   Chauvin's decision to not testify was perhaps not surprising. If he had
   given his explanation of why he held down Floyd, 46, who was already
   handcuffed, he also would have subjected himself to a pointed
   cross-examination from prosecutors who could have asked him detailed
   questions about his actions last May 25 and reviewed videos of the
   incident.
   Hennepin County Judge Peter Cahill discusses motions before the court,
   April 15, 2021, in the trial of former Minneapolis police officer Derek
   Chauvin, at the Hennepin County Courthouse in Minneapolis.

   In another development, Cahill rejected an attempt by prosecutors to
   introduce new evidence to show that the carbon monoxide level in
   Floyd's blood was normal. Such evidence has been available for weeks
   but was not introduced earlier during the 11 days the prosecutors
   presented their case.

   The prosecutors wanted to use the information to rebut testimony
   Wednesday from defense witness David Fowler, a pathologist and former
   Maryland chief medical examiner, who suggested carbon monoxide might
   have contributed to Floyd's death since he was lying on the ground near
   the exhaust pipe of a police cruiser.

   Cause of death

   The cause of Floyd's death is in question at the trial, with
   prosecutors claiming Chauvin violated his police training by pinning
   down Floyd and effectively killed him by blocking his air passage.

   The defense contends Floyd died from a heart attack brought on by high
   blood pressure and underlying drug use, not from the way Chauvin
   arrested him on suspicion of passing a counterfeit $20 bill.

   Cahill warned prosecutors he would declare a mistrial if a rebuttal
   witness they called for testimony Thursday "even mentions" the
   existence of any previously undisclosed tests showing that Floyd had a
   normal amount of carbon monoxide in his blood.
   In this image from video, Dr. Martin Tobin testifies as Hennepin County
   Judge Peter Cahill presides before the court, April 15, 2021, in the
   trial of former Minneapolis police officer Derek Chauvin at the
   Hennepin County Courthouse in Minneapolis.

   The witness, pulmonologist Martin Tobin, told the jury, without
   mentioning the specific tests in question, that he did not believe any
   carbon monoxide in Floyd's body was as high as Fowler suggested was
   possible.

   Fowler had testified that Floyd's heart condition and drug use played a
   "significant" role in his death, as the defense continued to try to
   raise doubt about the prosecution's claim that the policeman alone was
   responsible for Floyd's death.

   High blood pressure

   Fowler told the jury that Floyd's blood pressure was "out of control"
   when Chauvin restrained him.

   A medical technician testified this week that Floyd had very high blood
   pressure of 216 over 160 during the incident that led to his death,
   which Fowler said was "much higher than I would expect."

   Fowler said traces of fentanyl and methamphetamine in Floyd's blood
   system, as well as his possible "carbon monoxide poisoning" from the
   exhaust fumes of the police vehicle that Floyd was lying against, also
   could have contributed to his death.

   Defense attorney Nelson has tried to undercut prosecution testimony and
   evidence that Chauvin asphyxiated Floyd by restricting the air passage
   in Floyd's neck as he repeatedly gasped that he could not breathe.

   Prosecution witnesses earlier in the trial said Chauvin violated his
   police training in the way he restrained Floyd and that he killed Floyd
   by pinning him down for more than nine minutes, continuing even after
   Floyd appeared to have stopped breathing.

   Chauvin has pleaded not guilty to murder and manslaughter charges. If
   convicted, he could face years in prison. Three other former police
   officers who played various roles in detaining Floyd are awaiting trial
   in the case, but their charges could be dropped if Chauvin is
   acquitted.