Derek Chauvin says he will not testify at trial as defense is set to rest

CNN/Stylemagazine.com Newswire | 4/15/2021, 9:50 a.m.
Derek Chauvin said Thursday he will not testify in his own defense in the trial of George Floyd's death and …
Former Minneapolis police officer Derek Chauvin attends court proceedings on April 12. Minnesota prosecutors are nearing the end of their case against Derek Chauvin in the death of George Floyd as the trial enters its third week of testimony. Mandatory Credit: Pool

Updated: 15 APR 21 10:37 ET

By Eric Levenson and Aaron Cooper, CNN

(CNN) -- Derek Chauvin said Thursday he will not testify in his own defense in the trial of George Floyd's death and he invoked his Fifth Amendment right to remain silent.

Chauvin, speaking into a microphone before the jury entered the court, said it was his decision and his decision alone not to testify.

"I have advised you, and we have gone back and forth on the matter would be kind of an understatement, wouldn't it?" his attorney Eric Nelson asked.

"Yes it is," Chauvin said.

The defense is expected to rest its case on Thursday.

The former Minneapolis Police officer's defense team has called seven witnesses in their attempt to acquit Chauvin in the death of George Floyd last May. A police use-of-force expert testified Tuesday that Chauvin's restraint of Floyd was "justified," and a forensic pathologist testified Wednesday that Floyd's cause of death was "undetermined," saying his underlying heart issues were the most likely causes.

"In my opinion, Mr. Floyd had a sudden cardiac arrhythmia, or cardiac arrhythmia, due to his atherosclerosis and hypertensive heart disease ... during his restraint and subdual by the police," said Dr. David Fowler, a forensic pathologist who retired as Maryland's chief medical examiner at the end of 2019.

Dr. Fowler also put forth a novel argument that carbon monoxide from the squad car's exhaust may have contributed to Floyd's death -- a theory that he admitted he could not support with any data or test results.

Several other defense witnesses have testified about Floyd's drug use, particularly during a prior arrest in May 2019 in which he ingested opioids as police approached him in a vehicle.

Together, the witnesses furthered the defense's three main arguments in the case: that Floyd died due to drug and health problems, that Chauvin's use of force was ugly but appropriate, and that a hostile crowd of bystanders distracted Chauvin.

The prosecution rested its case Tuesday morning after calling 38 witnesses over 11 days. Prosecutors sought to prove that Chauvin used excessive and unreasonable force when he kneeled on Floyd's neck and back for nine minutes and 29 seconds last May. Their case relied heavily on multiple videos of Chauvin's actions, analysis by policing experts criticizing Chauvin's actions, and medical testimony determining Floyd died due to the restraint.

Chauvin, 45, has pleaded not guilty to second-degree unintentional murder, third-degree murder and second-degree manslaughter charges.

Judge Peter Cahill indicated earlier this week that he would prefer to hold closing arguments on Monday because the jury will be sequestered afterward. Cahill also said that the prosecution would have the opportunity to have a rebuttal witness.

The defense's two main experts

Fowler's analysis focused on every issue except Chauvin's restraint of Floyd in the prone position.

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

Meanwhile, he ruled out positional asphyxia as a cause.

"Positional asphyxia, as the term is used in court today, is an interesting hypothesis and unsupported by any experimental data," he testified. He said Floyd's death should have been classified as "undetermined," rather than a homicide, because there were so many competing causes.

The testimony cut at the prosecution's argument that Floyd's primary cause of death was low oxygen due to Chauvin's restraint of a handcuffed Floyd in the prone position -- known as "positional asphyxia."

Five separate medical experts, including a cardiologist and a pulmonologist, said that Chauvin's restraint caused Floyd's death. To get a guilty verdict, prosecutors have to prove that Chauvin's actions were a "substantial causal factor" in Floyd's death.

In cross-examination, prosecuting attorney Jerry Blackwell sharply questioned Dr. Fowler, repeatedly cutting off the doctor's attempts to offer longer answers.

Fowler was unable to identify the point at which Floyd suffered his "sudden" cardiac arrest, and he said he did not notice that Floyd's voice grew thicker and quieter as time went on. He also said he agreed that Floyd should have been given immediate medical attention on scene.

The doctor's analysis contradicted much of what the prosecution's experts said last week.

Hennepin County Medical Examiner Dr. Andrew Baker, who conducted Floyd's autopsy, testified last week that the police restraint was the primary cause of death, and he listed Floyd's heart disease and fentanyl use as other significant conditions. He described the paraganglioma as an "incidental" tumor that didn't have anything to do with his death. None of the doctors mentioned carbon monoxide as having any role.

Dr. Jonathan Rich, a cardiologist who testified for the prosecution on Monday, said Floyd's heart showed no evidence of injury at all.

On Tuesday, a use-of-force expert said Chauvin was justified in kneeling on Floyd for over nine minutes and did not use deadly force.

"I felt that Derek Chauvin was justified and was acting with objective reasonableness, following Minneapolis Police Department policy and current standards of law enforcement in his interactions with Mr. Floyd," said Barry Brodd, a former police officer.

Much of Brodd's testimony starkly contradicted the prosecution's policing experts and Minneapolis Police Chief Medaria Arradondo, who said Chauvin's actions were "in no way, shape or form" within department policy, training, ethics or values.

On cross-examination, Brodd conceded that a reasonable officer in Chauvin's position would have known that Floyd had eventually stopped breathing, had no pulse and was not resisting. Chauvin did not change his position from on top of Floyd despite that knowledge, Brodd testified.