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tv   The Story With Martha Mac Callum  FOX News  April 19, 2021 12:00pm-1:00pm PDT

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controlled substances habitually for quite some time. we know that on may 6th's, 2019 during an encounter with the police, mr. floyd ingested substances, so they were percocet. he was startled and that resulted in a blood that's not just high, that is sky rocketing high. we know from miss ross that in march of 2020, they purchased some pills that were supposed to be percocets. an opioid. they were clearly knock-offs. she described that. clearly knock-offs. she described how those pills made her feel. they kept her up all night. the introduction of the methamphetamine.
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we know from miss ross mr. floyd was seen for a drug overdose. she described how he felt in that instance. she said his whole body hurt, his stomach hurt. we know based on again, from miss ross, that he was clean and sober for some time while they were in quarantine. we know that miss ross again described taking about a week before a similar pill to the one that they had back in march. kept her up again all night. she said she felt like she was going to die. we know, again, from miss ross, that those pills were purchased from maurice hall. she described going to a hotel while mr. floyd went into the hotel. she was on the phone with him.
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she heard hall's voice. we know she was with him in 2020. we heard from the store clerk, christopher martin. he described mr. floyd as being high. his responses were delayed, right? he may have been, you know, standing around. he may have been standing up, he may have been able to have communications, but mr. martin clearly described him as being high. we heard from shawanda hill that when they got back in the car, they had a conversation for a few minutes. suddenly mr. floyd fell asleep. all of these things become important. have trouble -- had trouble waking him up. she called her daughter for a ride because they couldn't walk mr. floyd up. they couldn't keep him awake.
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we heard how mr. martin described mr. floyd when he went back to the car. how he was oh, no. he wasn't speaking, right? he kept putting his head back. shaking his head. we know from peter chang's body camera that maurice hall described that mr. floyd was dozing off. we know that whether mr. floyd was chewing gum while he was in the store, we can also see he was eating a banana. he bought a banana.
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so we know, when we look at this picture, there's something in mr. floyd's mouth. is it gum? is it a banana, is it drugs. nobody knows. all right? but regardless of whether it's drugs, bananas or gum in this incident, we know that there were pills in the car. right? we know there were drugs in the car. we know those pills were later
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tested to be a combination of methamphetamine and fentanyl. that's what was in mr. floyd's system. it's relevant because it's what was in his system. these are the pills that were found. we know at some point, mr. floyd was handcuffed. his hands were behind his back. it would have been physically impossible to put anything in his mouth at that point. we know that in the squad car, 3:20, were pills. we know those pills were analyzed. we know those pills consisted of fentanyl and methamphetamine.
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we know mr. floyd's salivary dna was found on those pills. how much fentanyl does it take to kill? this is from the minneapolis police department. approximately 2 to 3 milligrams. smaller than a pen. this is from the squad car. look at these pictures closely during the course of your evidence. there's a video of mr. floyd when mr. floyd is being subdued by and restrained by the police.
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maurice hall reaches into his bag. he's looking through the windows. we watch. he throws something. we know that mr. floyd had drugs in his mouth. we know that some percentage of that would have been consumed and absorbed into his some. we don't know how much he took before, right? we don't know when he took an earlier dose in relation because fentanyl had actually started to metabolize in his -- so fentanyl was longer before. for the medical experts to minimize the timing and the amount of elicit drugs that were found in mr. floyd's blood
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stream, it is just simply incredible to me, it is incredible to me. every single doctor testified that relevant to the -- that the absence of signs of fentanyl overdose weren't present because he was alert, he was talking. it ignores what hill and hall says, right? that he was all of a sudden asleep and difficult to wake up. it ignores the fact that the combination of these two drugs, methamphetamine, is a powerful stimulant. fentanyl is a powerful sedative. they use it for surgeries. every single doctor dismissed outright, no, nothing about this case. it was only .19 grams, nano grams per milliliter. it's such a small amount of
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methamphetamine in his system? it's a vasoconstrictor. it causes the heart's arteries to constrict even tighter. doesn't matter. every single doctor just brushed it aside. said it would have no effect. i asked, would any of those doctors prescribe elicit methamphetamine to their patients, give it to their children, give it to their elderly parents with a 90% blockage of the coronary artery, the right coronary artery? i guarantee you the answer is no. dr. rich is the only one that said i would never recommend to my patients that they take any amount of elicit methamphetamine. it is preposterous that -- it's
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a preposterous notion that this did not come in to play here. >> break for lunch. i don't want to interrupt your argument, but -- >> i apologize. >> 30 minutes for lunch, please. thank you. >> martha: all right. there you have it. sort of an unexpected break. eric nelson, the defense attorney was in the middle of wrapping up his closing argument. it appears he's getting close to the end. that is an abrupt moment. but they needed -- these folks have not had any breaks since they started this morning. now they're going to take a 30-minute lunch break. good afternoon. watching this with you. i'm martha maccallum. this is clearly the story right now. hearing one last time from the prosecution side. after the defense led by eric
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nelson finishes his closing argument, after this break, the final word will come from attorney blackwell. he will come back in for the prosecution's side in a form of rebuttal. that's the way this works that will be the fine thing that the jury will hear from both sides and then they will begin after the judge gives them their instructions, they'll begin their actual deliberations in this trial that is being watched so closely across the nation. so the charges that they will consider, if proven, could put derek chauvin behind bars for anywhere from 10 to 40 years. he's currently 45 years old. the charges that have been brought against him that this jury will consider are second degree murder, third degree murder and second degree man slaughter. that is the one that holds the ten-year potential for a prison sentence for derek chauvin. now, there's reports on the national level that the president is watching all of this closely. the nation, he said, is at a
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tinder box level. all the shootings that we've seen that have been horrific. duante wright in chicago, adam toledo in chicago. that is raising the heat as cities prepare for what could happen when this derek chauvin verdict comes down. meanwhile, you have police and their families that have been under an enormous amount of pressure across the country. they are supporting their police officers. we've seen an assassinations. a horrific scene that took the officer on the left-hand side. that happened in new mexico. an officer that was killed in the line of duty in texas. their names added to the list of many, many officers that have been killed when they leave their homes in the morning and go to protect the cities that they're protecting. defense attorney and former prosecutor mark eiglarsh is with us this afternoon. he has a sharp analysis of where this case stands as the closing arguments are made. first we're going to matt finn
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who is our reporter on the scene and joins us live in minneapolis. over to you, matt. >> martha, some lengthy closing arguments today. we were wondering when the jury would get a break. the defense, 2 1/2 hours now. and now the prosecution at two hours. now the judge finally giving the jury a lunch break. the defense talking again about toxicology, trying to tell the jury that they have to take into consideration what the defense feels are contributing factors to george floyd's death. that's taking fentanyl, taking methamphetamine and his history of heart disease and that episode of intense struggle with the police. the defense telling the injury that they have to take the other factors in consideration. the defense trying to portray derek chauvin as a reasonable, that he was using a reasonable amount of force. he could have used more when he
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arrived to the scene where three other police officers could not contain george floyd. the defense arguing the state had not proven the murder an man slaughter charges beyond a reasonable doubt. the prosecution's arguments lasting two hours. the prosecution weaving through their arguments. the state told the jury that floyd did not die from drugs. he did not die from a heart attack. he did not die from exhaust from a tail pipe. the state witnesses have testified that they argue floyd was murdered by derek chauvin. the other officers that placed their body weight on floyd. they used the force on him until he was dead. here's the prosecution and defense. >> the force was too much. he was trapped. he was trapped with the unyielding pavement, underneath him. as unyields and the men that
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held him down. >> a reasonable police officer understands the intensity of the struggle. >> that man is eric nelson, the defense attorney trying to tell the jury that derek chauvin was being reasonable. the prosecution, however, told the jury today that derek chauvin was "eagle-based" in his decision not to get off of floyd. when the bystanders were screaming for him to get off of floyd. the prosecution argued when chauvin was abusing his badge and his power and he abandoned his police training by the knee on the neck and not giving floyd cpr. the state told the jury to use common sense. the state insisting that the viral videos do in fact show derek chauvin murdering george floyd. we're preparing for the defense to potentially wrap up after the lunch break and the state will have a rebuttal. the jury will get a final instruction. the jury explained all the three charges to the jury and he noted
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that if they feel that derek chauvin was police use of force was justified, that he did not commit any crimes. martha? >> martha: matt finn, thanks very much. outside the courthouse as we watch this play out live right now, this afternoon. joining me now, marked eiglarsh is a former defense attorney and prosecutor that has been watching this closely. good to have you with us here this afternoon. i want your big picture thoughts as you watched the closing arguments. first, the details, the fact that the judge cut in and jumped off eric nelson. he was going 2 1/2 hours. what is the impact of the closing argument on that? >> i've had that happen to me. it's a good thing. you want to keep going. the judge is looking at the jurors thinking if they had food, they would pay more attention. >> martha: yeah. if everybody got tired and glazing over, this will give nelson a chance to let everybody take a break and he can come back and sum up everything.
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so after that, the prosecution has one final ability. they will be the last voice, blackwell will be the last voice that this jury hears from, right? >> yeah, it's rough. it's the roughest thing as a defense lawyer. we call that the sandwich. they get to start, we go and we have to sit there as the prosecution gets to rebut everything we just said. it's painful. but they have the burden of proof. that's why they go first and last. >> martha: as you watch the closing arguments, matt finn did a great job summing up each side and the argument that they laid out was in terms of the cause of death. that's what the this comes down to for those 12 jurors, mark. >> that's right. if i had to summarize the argument, the prosecution's argument is nine minutes and 29 seconds. the defense's argument is no, no, no. there's 17 minutes before that 9 minutes and 29 seconds and they spent a lot of time going through that on the defense
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side. that helps. any one objective would say floyd was resisting and acting in a bizarre manner. obviously where both sides party company is when the knee remains on the neck for that amount of extra time and nobody has yet to justify that except the defense lawyer. >> martha: so how persuasive do you think eric nelson was when he made the argument that dr. baker, who was actually the medical examiner from minneapolis that did the exam of george floyd's body and he said that the cause of death was homicide. however, he talked about multifactored process and the history of drug use and the history of these blockages of the heart. how effective do you think his argument was there? >> i thought he made the argument extremely effectively. he's doing the best he can with what he's got. the problem is he tried to say, every other expert that disagreed should somehow be
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dismissed. you can't do that. dr. tobin was phenomenal. other witnesses that hurt the defense so significantly, i don't know that he can carry the point when you have other expert witnesses that fly in the face of what baker was saying. >> martha: it's interesting you brought that up. he named the other experts in a long sentence and said, yeah, they're good, but what they said defies common sense. so if that resonates with these jurors, we will see. you know, when you look at the prosecution's side of this and you look at the tape and you think about these 12 jurors and we really -- lots of speculation about how long it will take them, mark. we don't know. we don't know these individuals, how they've been taking this information in. >> that's right. it's not simple. there's a lot of medical testimony, use of force testimony. very complex. a lot of it conflicts. at a minimum, they'll spend a significant amount of time because they know that prior jurors in high profile cases get
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criticized for rushing to judgment. even if they agree unanimously right away, they'll sit back and wait and show the case the respect it deserves. >> martha: it's a monday. so they have all week ahead of them and maybe longer than that. we don't flow. they are starting fresh on this monday as they begin to take on this serious case, which has a lot of ramifications and for the rest of the nation as well. both sides did a good job, we're talking about george floyd and derek chauvin. we're not talking about anything larger than that. mark, you'll stick around and watch with us. thanks for that. as america is bracing for this verdict, congress woman maxine waters went to brooklyn center, minnesota and fanned the flames this weekend. republicans are going to hold her accountable. tomi lahren and geraldo rivera
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are next.
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>> martha: some republicans saying that maxine waters must go. making the case to expel her from congress or take her off of her committees after she encouraged the protesters in brooklyn city, minnesota to "get more confrontational if derek chauvin is found not guilty."
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>> we have to stay on the streets. we have to get more active. we have to get more confrontational. we have to make sure that they know that we mean business. >> martha: tomi lahren host of "no interruption" and geraldo rivera, fox news contributor. you think she was inciting violence in that case? >> yes. he's outrageous. her conduct is extremely unprofessional and very dangerous. the problem is this, martha, if i can flashback to the courtroom for a second. this is an open and shut case. i followed the prosecution, followed the defense arguments. this is not premeditated murder but it's depraved indifference. it's at least reckless, gross negligence. people say look, do you believe the defense attorney? do you believe your lying eyes? you see it there. the videotape. 9:29.
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it's clear. maybe chauvin was reasonable. his conduct at the beginning. at some point he gets stupid leaving his knee on that man's neck. the expert testifying that a healthy man submitted to what george floyd was subjected to would have died. if the crowd is feeling this rage inside, they're worried. worried that this will be like rodney king and the jury will ignore the evidence and believe the gas-lighting defense attorney. look at, this look at this. don't look at this. this is a dangerous situation. i trust the jury's judgment. >> martha: that's what i'd say. this is the process. we have a very diverse jury in this case. people are diverse in the way that they approach the information that is given to them as well. it's not just about the color of anyone's skin. i think they're going to look at everything that has been laid out very well, i think, by both
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sides in this case. tomi lahren, back to the issue of incitement. something that we talked about a lot in this country since january 6. a lot of argument over what is freedom of speech and what is inciting. what do you see? >> all the left has been wanting to talk about the january 6, a single day. let's recall that donald trump was taken off social media for asking people to peacefully make their voices heard. contrast that with maxine waters who is a disgrace to herself and congress. she's out there actually inciting violence, possibly tampering with the jury. she said if we don't get the outcome we want, we should get more confrontational. so she needs to be held to account. i wish nancy pelosi was the one to do it. going back to what geraldo said. i wish we trusted the jury. but we have to go back to what is happening in the country right now. the issue of compliance and
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noncompliance. the left wants to make everything with regard to officer-involved shootings about race. it's not about race. it's about compliance. these are tragic situations and nobody wants to see them happening including law enforcement. if these suspects, these victims would have supplied, they would be at home with their families. if people like maxine cared about black lives, she would be encouraging calm and encouraging people not to resist arrest. it's disgusting and she needs to be held to account. >> martha: back to what she said about getting in people's faces. there's a pattern to this behavior. this isn't a one-off. there's a pattern. if congress wants to evaluate that pattern and meet and discuss if it's appropriate, they have a right to. here she is in 2018.
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>> let's make sure that we show up wherever we have to show up. if you see anybody from that cabinet, in a restaurant, in a department store, at a gasoline station, you get up and you create a crowd. you tell them they're not welcome anymore, anywhere. >> martha: so geraldo, in her own defense, maxine waters said i don't believe in violence. that's not what i was saying. she said i want to be aunty maxine. i want to inspire these people to activism. that's what show says she's out there doing when she says these things. >> if i can start answering tomi's point about compliance. i agree. people should listen to cops when cops give them an order. at what point does that compliance take a back seat to a man putting his knee on a handcuffed man's prostate body
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for 9 1/2 minutes? it's so outrageous it would spill the passion of everyone. i urge calm also. joe biden, who i believe is a decent man and a pretty good president so far should address maxine water and the nation at large and say listen, we believe in the justice system. we believe that we need police to save -- to keep civilization from anarchy. what she said is unhelpful. please, cool down. let the system do what it has to do. then we understand that there are issues in our society that needed a dressing. for goodness sakes, if you burn down another precinct, where do we go? >> it would be great to hear from the president on this. he's very calm and careful always. i think there's times to speak out and to use, you know, sort of that fatherly pulpit that he has and a lot of people
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appreciate in him, to say exactly that. to calm the nation to say please don't listen to maxine waters on this. you need to listen to those that want to keep their community safe and 99% of the people that live in these places, that's what they want. they don't want anybody coming in from outside and hurting people in their home, on their block, on their street. needs to be said strongly from the top. thanks to both of you. good to have you here today. so new york tells its officers no unplanned days off until after the chauvin verdict and the aftermath are over. they need all hands on deck in cities across america. florida's governor, ron desantis takes action to shut down riots but changing the rules about what will happen to you if you do anything next. >> if you riot, loot, harm others, particularly if you harm a law enforcement officer during one of these violent assemblies, you're going to jail. my retirement plan with voya keeps me moving forward.
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>> if you riot, loose, arm an officer during one of these violent assemblies, you're going to jail. we're not going to end up like portland where this is just a daily occurrence for these people who are doing this. they get arrested, they have their mug shot taken and then they're back on the street to do it again. >> he's telling it like it is. florida governor ron desantis joining a line on riots as cities brace for potential unrest following this verdict out of the chauvin trial. police departments have endured a spike in anti-police activity and of course that cools people's interest even being police officers across the country. so in new york, an officer was doused in bleach during a
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routine traffic stop over this weekend. you remember when they got water dumped on their heads. now it's bleach. alex hogan has more on the preparations underway. alex, good afternoon. >> good afternoon. the florida legislature passing this anti-riot bill. it would make harsher penalties for anyone at protests, inciting violence. >> we want to make sure folks are protected and our cities are safe. >> police departments around the country are ramping up measures and preparation for whatever this week brings. the nypd says officers have been trained and ready to mobilize if needed. yesterday in minneapolis where this trial is underway, the minnesota national guard was the target of a drive-by shooting. two guard members sustained minor injuries from shattered glass. in california, separate peaceful
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protests taking a turn. one in oakland where people broke windows and set off fireworks. one police officer was injured. in sacramento, four officers were hospitalized after being sprayed with an irritant. police declared an unlawful assembly. in philadelphia, more than 1,000 members of the state national guard are being deployed to the city. chicago, which is on edge after the video released showing the police officer shooting of 13-year-old adam toledo. now mayor lightfoot is reacting a neighborhood protection plan that it used last summer and fall. >> we have been preparing for the chauvin trial for months now. as part of the preparations, we've been in regular contact with businesses all across the city. i'd rather be better prepared than not. >> the detroit police chief says he expects rallies regardless of the trial verdict. in albuquerque, a police
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association member says morale is not low. it is simply gone. so city after city taking steps to prepare and secure their cities, making it safe not only for residents but police officers. the white house speaking specifically to mayors to help keep many of these protests we're expecting to see as peaceful as possible. martha? >> thanks, alex. alex hogan on the ground in new york. as we await the closing arguments to continue in the chauvin trial, we were told they gotta 30-minute lunch break and should be wrapping up. they've been add it a long time, this jury and the attorneys. so we'll bring back in ted williams, an attorney who has represented police in some cases and also a fox news contributor. good to have you here, ted. your thoughts. i'm sure you've been watching the closing arguments as we all have as both sides make their final argument to the jurors who
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are taking it all in and are able to take this case on for themselves. >> hi, martha. i have to tell you, i think that both sides have given as much as they have been receiving. when i say much have been receiving, i look at the prosecution here. they tackle that videotape directly on. they showed that there was no reasonable doubt as to why mr. floyd should have died other than at the knee of chauvin. but i got to tell you, then the defense has given as much as they can. they have used that videotape. i must be -- i must tell you, i'm surprised at how much the defense has used this videotape. i thought they would want to run away from that videotape. they have not.
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the defense in this case are saying two things. one, that chauvin followed the use of force continuum that he's been given by his police department. and number 2, the causation was not the knee of chauvin that killed mr. floyd. but that he had drugs in his system, that he had suffered from hypertension and that he suffered from a bad heart. so the defense has shown to date, i believe, to some degree, that there is reasonable doubt. i think that the jury is going to have to wrestle with this for some days to come. >> i want to -- i'm going to get back to you, more on the case and we're going to bring in geraldo in a second. i want to give you reaction to what governor desantis is doing in florida. standing up and making it clear as day that if you assault a police officer in the middle of a riot, we're not talking about
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a peaceful protest, we're talking about throwing something at a police officer, they have massed a bill in florida that makes that punishable by six months in prison. stiffening the penalties for anything that goes beyond protest and crosses to the area of riot. you think that will work in florida and what do you think about that bill? >> you know, i think it's debatable, martha, as to whether this is going to work. what the governor is doing is trying to put something in place that will slow down what is happening out in the community as it pertains to protesters. these protesters have first amendment rights. they're going to be out there and they're going to be on the streets and demonstrating. unfortunately, unfortunately, there's going to be a lot of upheaval even in florida, even though the government is trying to put a deterrence in place. >> does that help the police officers? if it's clear -- as you say and
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as i've said, everybody has the right to march and peacefully protest. once it crosses the line and you put people's lives in danger, you're in another territory. does it help the police officers in florida, on the job, when they have a little more -- when the governor is clearly behind them in terms of taking action, if they have to. they have been in a very difficult posture across this country. not sure what they can and can't do. not sure if doing their job is going to get them in trouble in some of these cases. i'm not talking about minneapolis. i'm talking about day-to-day policing. >> martha, i have to tell you, it helps the law enforcement. the one thing that law enforcement feels right now unfortunately around the country is that there's supervisors and superiors and lawmakers don't have their back. that is the rationale of why morale is so low in many police departments so when the governor comes out and makes a
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representation that he's made, that he's going to enforce the law against protesters, i think police officers and law enforcement officers feel that the governor has their back. >> martha: thanks very much, ted. we've seen what happened in portland when that doesn't happen and you have night after night of antifa violence. they're used to it. you can see the judge the back. eric nelson is back. he's the defense attorney. derek chauvin in the right of the screen. he is the defendant in this case. they're just about to get back underway. the jury got about a half an hour lunch break. so here they're going to hear nelson's final part of his closing argument. then you'll hear the rebuttal from the prosecution side. then this case will go to the jury. it happened last may 25 george floyd died under the knee of derek chauvin. now almost a year later a jury is about to hear this case.
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so eric nelson getting his notes together in this courtroom. we will listen in and watch. >> we'll go off of notes instead of the power point. before the break, we talked about the controlled substances and the role that they were -- the levels that they were found in, the role that they may have applied or contributed to mr. floyd's death. and i was suggesting to you that it is, again -- this needs to be looked at. the death needs to be looked at as dr. baker describes a multifactorial process. this is the way the human body works. the heartbeats, the lung breathes, the blood circulates,
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the brain thinks, the brain controls all of our movements, right? all of this. and to simply come in and say this particular substance or these combinations of substances, when taken in combination with each other, when taken in combination with a person who has blockage in the heart, substantial significant blockage in the heart, when we know that these drugs play a particular role in the -- in how the blood circulates, to just poo-poo it and say it has nothing to do with anything is just really a preposterous notion. yet dr. baker, dr. fowler and dr. thomas have all certified deaths at levels less than 11 nano grams or 19 nano grams or a combination. these deaths have been certified
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on that basis alone. it didn't necessarily contain any of the other issues that were confronting mr. floyd on that day. likewise, again, every other doctor that testified has gone to great lengths to dismiss the role of mr. floyd's heart disease and hypertension in this case. forensic pathologists define coronary artery disease and death can occur with 70 to 75% blockage. that is sufficient to cause a person's death. every pathologist that testified in this case indicated like weiss that they have certified deaths with those types of blockage and attributed it to the coronary artery disease. here again, it played zero role. dr. rich testified that
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mr. floyd had a healthy heart. coronary heart disease not relevant according to the state. hypertensive disease, not relevant. drugs acting to further constrict a diseased heart? not relevant. adrenaline coursing through mr. floyd's body? not relevant. what does adrenaline do? it further constricts the arteries. adrenaline wasn't there, didn't happen, played no role. they just want you to ignore significant medical issues that presented to mr. floyd. and the failure of the state's experts to acknowledge any possibility, any possibility at all that any of these other factors in any way contributed to mr. floyd's death defies
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medical science and common sense and reasonableness. now, dr. tobin describes the death mr. floyd essentially, as i understand again, to hypoxia. low oxygen resulting in going to the brain. low oxygen to the brain. dr. fowler also ascribes the death to a hypoxic death. the heart was the muscle that did not get the oxygen. resulting in a sudden cardiac arrythmia. the reasons that dr. fowler dismissed the notion of brain hypoxia are because number 1, hypoxia of the brain results in certain observable symptoms. the brain demands more oxygen, right? it takes 20% of our oxygen to function in the brain even though it's one of -- it's a smaller percentage of our body. it is the most sensitive to the
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loss of oxygen and it reveals a progressive set of symptoms. confuse, which was not contributed, right? if you compare the testimony about whether mr. floyd was intoxicated, he didn't exhibit any confuse, right? restlessness. not exhibited. shortness of breath. it was complained up. it's also a sensation that can be caused by a cardian arrhythmia. visual changes, not complained of. incoherent speaking. not complained of. when somebody is experiencing hypoxia to the brain as dr. tobin stated, you would see an increased ventilation or respiratory rate. dr. tobin said it's a completely normal respiratory rate. 22 breaths per minute. the timeline in this case is consistent with the sudden
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cardiac arrhythmia. 8:23, mr. floyd speaks, "i really can't breathe." if you speak, you have oxygen in your brain. 8:24.09, he verbalizes please, i can't breathe. indicating that at 8:24.09, his brain has oxygen and there's no impairment to his airway. 39 seconds later, mr. floyd goes limp. 8:24.48. a person can hold their breath for 39 seconds. all right? that does not result in hypoxia in 39 seconds. 27 seconds later, mr. floyd takes his last breath. total of 66 seconds, 1 minute and 6 seconds from the time that we know there's enough oxygen in
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his brain to speak, no occlusion to the airway at that point. 66 seconds to his -- from his last word to his last breath. this timeline is consistent with a sudden cardiac arrythmia. it's not consistent with the longer process of brain hypoxia. dr. fowler's final analysis is that mr. floyd died from a cardian arrhythmia due to hypertensive and cardiovascular disease. other factors, fentanyl intoxication, methamphetamine intoxication, possible c.o., carbon monoxide exposure. what role did carbon monoxide play in mr. floyd's death? we don't know.
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nothing was ever tested. as far as the vehicle is concerned. we don't know if the car was emitting carbon monoxide, we don't know. one thing we do know is that it was running. how can we tell it was running? in the video we watched earlier when thomas lane pulls in that squad car at cup foods, he puts it in gear, puts it in park. never touches the keys of that vehicle. he gets out. the car was running. one last point to make. i should be fairly quick with this. the superseding cause that was discussed, a superseding cause is a cause that comes after the defendant's acts, alters the sequence of events.
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now, lets look at the medical timeline here. we know that ems was called initially, code 2 at 8:20 and 11 seconds. we know that ems was stepped up to code 3 at 8:21 and 35 seconds. we know that ems responded to cup foods based on the videos at 8:27 and 27 seconds. we know that ems called for fire at 20:38.36. it takes approximately30 minutes for ems and the arresting officers to put mr. floyd in the ambulance and the ambulance fulls away at 8:30 and 17 seconds. fire responds to cup foods at 8:32.59. that is four minutes and 15 seconds after they were called. pretty close in consideration to the three-minute expectation of
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mrs. hanson. the ambulance had driven several blocks away to 36 and park. arriving sometime between 8:31 and 8:33. we know that. because there's two exhibits, 61 and 63 that were introduced. so somewhere between 1 1/2 minutes to 3 minutes to get to 36 and park where they begin the resuscitative effort. the first air is pumped in to mr. floyd per dr. tobin at 20:35.06. that is ten minutes after mr. floyd went unconscious per dr. tobin but seven minutes and 46 seconds after ems responded to cup foods. we ultimately know that the
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ambulance left 36 and park at 8:48 and 23 minutes. it arrived at hcmc at 8:53, shortly after 8:53. so it took about five minutes to get from 36 and park to hcmc. what if you -- what would have happened if ems had started resuscitative efforts right away? what would have happened if rather than 36 and park they went to the hospital? they would have been there in that time. i am not suggesting to you, i am not suggesting to you that the ambulance paramedics did anything wrong. it raises the prospect of that continued delay in resuscitation. what if ems had administered
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narcan? we heard that would not have hurt him and it could have helped him. i'm not blaming the paramedics. more importantly than in analysis, it shows that human beings make decisions in highly stressful situations that they believe to be right in the very moment it's occurring. there's lots of what ifs that could have happened or could have happened, should have happened. lots of them, lots of regards. but we have to analyze this case from the perspective of a reasonable police officer at the precise moment with the totality of the circumstances when it comes to the use of force. we have to look at the cause of death to determine did mr. floyd die exclusively of asphyxia or were there other contributing
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factors that were not the natural result of mr. chauvin. things that happened that were set in motion before mr. chauvin ever arrived. the drug ingestion. all right? the bad heart. the diseased heart. the hypertension. all of these things existed before mr. chauvin arrived. the struggle. what role did the struggle play. we know based on a prior incident that mr. floyd's heart was beating 219 over 160. a situation where he was confronted by police and had ingested drugs. he didn't die that day. all of this, ladies and gentlemen of the jury, all of this, when you take into
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consideration the presumption of innocence, the presumption of innocence and proof beyond a reasonable doubt, i would submit to you that it's nonsense to suggest that none of these other factors had any role. that is not reasonable. when you as members of the jury conclude your analysis of the evidence, when you review the entirety of the evidence, when you review the law as written and you conclude it all within this -- all within a thorough, honest analysis, the state has failed to prove its case beyond a reasonable doubt. therefore, mr. chauvin should be found not guilty of all counts.
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thank you. >> martha: so the defense has now rested in the case of derek chauvin. the former police officer from minneapolis. you'll hear from the prosecution as they get a chance to go one more time. >> we are live in minneapolis at this hour. closing arguments have just this minute wrapped up in the derek chauvin trial. follows three weeks of testimony from some 45 witnesses. cities across the country are bracing for the possibility of unrest. i'm jerry baker in for neil cavuto, this is "your world." matt finn is following the trial from minneapolis. matt, in the last minute or
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