Derek Chauvin is on trial for George Floyd's death

By Melissa Macaya, Melissa Mahtani, Veronica Rocha and Fernando Alfonso III, CNN

Updated 2300 GMT (0700 HKT) April 9, 2021
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2:53 p.m. ET, April 9, 2021

Medical examiner: I "intentionally chose not" to view videos of Floyd's death before conducting autopsy

Dr. Andrew Baker.
Dr. Andrew Baker. Source: Pool

Hennepin County Chief Medical Examiner Dr. Andrew Baker, who performed George Floyd's autopsy, told the prosecuting attorney that he did not view videos of Floyd's death before examining the body.

"I was aware at least one video had gone viral on the internet. But I intentionally chose not to look at that until I had examined Mr. Floyd. I did not want to bias my exam by going in with preconceived notions that might lead me down one pathway or another," Baker said.

Baker ruled Floyd's death last May was a homicide, identifying the cause as "cardiopulmonary arrest" that occurred during "law enforcement subdual, restraint, and neck compression."

The medical examiner saw the videos upon completing the autopsy.

"One video I saw shortly after the autopsy, that was the one most of the public had seen through Facebook or other social media, the other videos such as the cub surveillance video and the body worn camera videos, I did not see until three or four days after the autopsy," Baker said.

2:51 p.m. ET, April 9, 2021

Chief medical examiner who performed Floyd's autopsy is testifying now

From CNN's Dakin Andone

Dr. Andrew Baker.
Dr. Andrew Baker. Source: Pool

Hennepin County Chief Medical Examiner Dr. Andrew Baker, who performed George Floyd's autopsy, has taken the stand.

Baker ruled Floyd's death last May a homicide, identifying the cause as "cardiopulmonary arrest" that occurred during "law enforcement subdual, restraint, and neck compression."

The Hennepin County Medical Examiner's official autopsy made no mention of asphyxiation as a cause of death, which has been a key pillar of prosecutors' case.

2:33 p.m. ET, April 9, 2021

Testimony resumes in the Chauvin trial

The court has returned from a lunch break, and testimony has resumed in the trial of former Minneapolis Police officer Derek Chauvin.

Earlier today, forensic pathologist Dr. Lindsey Thomas testified that the "primary mechanism" of George Floyd's death was "asphyxia or low oxygen."

She told the court she ruled out drugs as a factor in Floyd's death.

2:35 p.m. ET, April 9, 2021

George Floyd's cousin says trial is "going in the right direction"

From CNN's Adrienne Vogt

Shareeduh Tate.
Shareeduh Tate. Source: CNN

Shareeduh Tate, George Floyd’s cousin, said that she thinks the trial of former Minneapolis Police officer Derek Chauvin is “going in the right direction.”

“The testimony from the experts really drove home what we thought all along, is that, you know, his cause of death was from the neck compression and not from a drug overdose,” Tate said. 

The family is “dealing with it as best that we can” as they re-live Floyd’s death through the trial, she added.

Tate has said she's “pessimistically optimistic” about the trial, and she thinks many Black Americans who are watching the trial feel the same way.  

“We know that it's not a foregone conclusion that we'll end up with a conviction,” she said.

The first day of the trial stood out for her, she said, since that was the first time she saw the video of her cousin outside of Cup Foods. 

Charles McMillan’s testimony also struck a chord with her, she said. McMillian, who was one of the first bystanders on the scene as Floyd was being taken into custody in May 2020, broke down on the stand during his testimony after watching footage of his arrest.

“There’s been a lot of prayers and support for our family. But I would ask that there be for the same for these bystanders and these people who are testifying, but who are essentially having to relive the fact that they, you know, they watched this murder in real-time. So I really liked the way that he seemed to ... really connect with what was going on,” Tate said.

 

1:46 p.m. ET, April 9, 2021

CNN legal analyst on hypothetical questions in trial: "You're losing all of the facts"

From CNN's Adrienne Vogt

CNN legal analyst Laura Coates.
CNN legal analyst Laura Coates. Source: CNN

Hypothetical scenarios introduced in the murder trial of former Minneapolis Police officer Derek Chauvin are “dangerous,” according to CNN legal analyst Laura Coates. 

“Both prosecutors, but especially defense, have got to be very wary about using hypotheticals. Because it comes across to the jury that they're trying to be cute or they're being disingenuous or they just don't get what we're talking about,” Coates said. 

While cross-examining forensic pathologist Dr. Lindsey Thomas, defense attorney Eric Nelson asked her about George Floyd's heart disease and what the cause of death would be if police were taken out of the incident altogether.

Earlier, Thomas testified that the "subdual, restraint and compression" of Floyd by law enforcement was "ultimately" the immediate cause of his death.

“You're trying to distill this down in such a reductive way that you're losing all of the facts that are at issue in this case. So every time this defense counsel tries to raise hypotheticals that have nothing to do with the facts, he invites a new witness — not a fact witness, but an expert witness — to now revisit and remind the jury of what happened to George Floyd in his final moments,” Coates said. 

1:42 p.m. ET, April 9, 2021

Seat reserved for Chauvin family filled for first time during trial, per pool reports

For the first time during the trial, the seat reserved for a representative for Derek Chauvin's family was filled today by a woman, according to reports from two courtroom pool reporters.

Deputies had previously removed the seat from the courtroom as no representative of the Chauvin family had attended the trial until this point.

Pool reports note a deputy is sitting between the George Floyd and Chauvin family representatives. The two are not seen looking at each other. 

1:21 p.m. ET, April 9, 2021

The court is in a lunch break

The court has taken a break for lunch.

Testimony is expected to resume after the break.

1:20 p.m. ET, April 9, 2021

Jurors seem "relatively well-engaged" and "appear to be listening" to testimony of forensic pathologist 

Jurors in the trial of former Minneapolis Police officer Derek Chauvin seem “relatively well-engaged” and “appear to be listening” to Friday morning's testimony from forensic pathologist Dr. Lindsey Thomas, according to reports from two courtroom pool reporters.

When Thomas told the court she believed “asphyxia or low oxygen” was the “primary mechanism” of George Floyd’s death, “nearly all jurors were seen writing this down.”

A packet of photos from Floyd’s autopsy was passed out to jurors, pool reporters and spectators in court during Thomas' testimony Friday morning.

The packets included “close up photos of his face, shoulders and hands. His body is brightly lit – almost portrait style. There is nothing outwardly clinical about the photos.”

One pool reporter observed all jurors looking through the photos and “some are seen flipping ahead looking at all the images.”

The Floyd family representative “didn’t have any obvious emotional reaction” to the packet of autopsy photos, but one pool reporter noted “he spent a long time staring at the first image, before thumbing through the remaining images.”

One pool report included the following descriptions of the autopsy photos presented to jurors:

“Exhibit 185 is a close-up photo of Floyd, a white tube appearing protrude from his mouth from emergency respiratory efforts. His face is scraped over left eyebrow and on left cheek. All the jurors are looking through the photos at this point, some are seen flipping ahead looking at all the images.”
“Exhibit 235 is a close up of the abrasions on the left side of Floyd’s face taken from the side.”
“Exhibit 188 is a photo of Floyd’s left shoulder with a large abrasion which Thomas tells the jury is evidence of Floyd trying to push himself up.”
“Exhibit 187 is a photo of Floyd’s right shoulder, which shows some scrapes but not as large as the abrasion on Floyd’s left shoulder.”
“Exhibit 189 is a photo of Floyd’s left hand, which is ringed by a large red mark. Thomas testifies this is from the handcuff. Jurors are looking at the photos as she speaks.”
“Exhibit 190 is a photo of Floyd’s right hand, which shows a similar mark from a handcuff. Thomas points out scrapes on his knuckles and fingers which she tells the jury came from when he was reaching out towards the squad car tire and “push his body into a position again where he can breathe.” 

Both pool reporters noted that for the first time during the trial, the seat reserved for a Derek Chauvin family representative is filled today by a woman. Deputies had previously removed the seat from the courtroom as no representative of the Chauvin family had attended the trial until this point.

Pool reporters have not yet been able to identify the Floyd family representative in court Friday. The reports note a deputy is sitting between the Floyd and Chauvin family representatives. The two are not seen looking at each other. 

12:32 p.m. ET, April 9, 2021

Judge questions juror about outside influences in Chauvin trial

A member of the jury in the Derek Chauvin trial was questioned Friday morning by Judge Peter Cahill about “some concerns expressed” over outside influences, according to reports from two courtroom pool reporters.  

The questioning of juror took place on the record before testimony in the trial began Friday, but broadcast of video and audio was not allowed by the judge. 

The woman juror told Cahill “she had turned on a television and briefly saw coverage” and “saw an image of the courtroom with a woman with dark hair.” The woman explained to the judge that her volume was off and she quickly turned off the TV, according to the report. 

When Cahill asked the woman if she had any contact with her family about the case, the woman replied her mother-in-law had texted her and said, “Looks like it was a bad day,” according to one report. The second pool report differed and said the text was from the woman’s mother. The woman told the judge she did not respond to the text. 

“Any book deal in the works?” Cahill asked. 

“The woman became slightly flustered or surprised,” according to one report. “No, I don’t know how this case is going to go,” the woman responded. She reiterated she hasn’t talked to anyone about the trial. 

According to the reports, after the woman left the courtroom, Cahill asked if attorneys wanted to make any motions. Defense attorney Eric Nelson declined. Prosecutor Steve Schleicher said he would like the record to note the woman’s demeanor. Cahill noted the woman seemed “surprised.”