Derek Chauvin Trial - Day 13 - LiveStream

From [link to legalinsurrection.com (secure)]

OVER 5,000 DISCOVERY ITEMS DUMPED ON DEFENSE DURING TRIAL
Another interesting mention in yesterday’s “housekeeping” meeting with Judge Cahill came up in the context of the number of disclosures and exhibits that have been dumped on the defense in this case—a large chunk of which have been dumped on the defense even as the trial was taking place.

As background, there are always materials collected by the parties that ought to be shared with the opposing counsel as part of discovery.

Under Minnesota procedure, each item is labeled with what’s called a Bates stamp, a unique identifying number, and then a bunch of these are collected together and delivered as a “disclosure.”

Ideally, by the time a trial actually starts both sides will have long since received the other’s disclosure items, early enough to have time to consider and research them before the trial begins.

That has not been the process in this trial, particularly with respect of state disclosures to the defense.

When this trial began, the state had already delivered to the defense 41 disclosures consisting of 45,118 Bates stamped items.

If that sound like a lot, that’s because it is.

But the disclosures of the state did not stop there, as one would normally expect. Indeed, not even close.

Since the start of the trial—in other words, while the sole defense attorney Nelson has been occupied the entirety of every day in trial on this case—the state has continued to deliver disclosures to the defense, each containing a great many Bates stamped items.

Indeed, since the start of the trial the state has made 12 additional disclosures to the defense, consisting of 5,154 additional Bates stamped items.

Yes, that’s 5,154.

Yesterday was the 12th day of this trial. That works out to the defense having to review newly delivered Bates stamped items at an average of 430 per day.

That’s 430 newly delivered Bates items per day.

That, folks, is not normal.

The defense raised this issue yesterday afternoon in the context of anticipated cross-examination of defense experts by the state today.

Much of the most recently delivered discovery consists of materials that could be, certainly will be, used in an attempt to impeach those defense experts.

Given the delivery of this discovery so late in the course of the trial, and the volume of the material, the defense is asking the court to order the prosecution to disclose in some detail exactly which of those newly disclosed exhibits it actually intends to use to impeach.

The judge asked the prosecution to do so, to the extent they reasonably could, which strikes me as completely ineffectual solution to this real problem for the defense.

I expect the real reason the defense raised this issue on the record was, well, to establish it as an issue on the record for purposes of appeal.

I mean I get that he is insinuating carbon monoxide poisoning, but couldn't the state argue that Chauvin was culpable for this by placing Floyd on the ground near the squad exhaust?

Yes, but really Floyd put himself there by resisting. Also, if no one has thought about this as a contributing cause of death, and the state didn’t consider it, then how can the officers have known? So there isn’t culpability for the reasonable police officer.

I think this also shows the medical examiner didn’t do a thorough job. That is, he should have tested the blood since carbon monoxide could be a factor. So it impeaches the prosecution and the state, at least somewhat.

I mean I get that he is insinuating carbon monoxide poisoning, but couldn't the state argue that Chauvin was culpable for this by placing Floyd on the ground near the squad exhaust?

volume seems low on the PBS, doesnt help when then are talking through their mask, sounding like Charlie Browns teacher or Kenny on South Park

I mean I get that he is insinuating carbon monoxide poisoning, but couldn't the state argue that Chauvin was culpable for this by placing Floyd on the ground near the squad exhaust?

Chauvin placed him inside the vehicle but Floyd did not want to stay there.

I had no idea they had a picture of the contraband inside of fentanyl Floyds mouth!

I had no idea they had a picture of the contraband inside of fentanyl Floyds mouth!

That camera catches everything.

That camera catches everything.

Did a bit more research on they Explorer hybrid, the electric motor will power the air conditioner compressor even when the gas engine is off.

According to Wunderground, at 8 pm on 5/25 it was 76 degrees with 66% relative humidity, high temp that day was 82.

I would say at this temperature, the AC would be on in the cruiser and would probably be pumping out a lot of water from the evaporator drain.

Seems more like the water on the pavement was from this and not the exhaust, you might see that much water out the tailpipe in the middle of winter but on a warm day on a fully warmed up vehicle that has likely been running all day long you just wouldn't get that much collecting on the ground.

I had no idea they had a picture of the contraband inside of fentanyl Floyds mouth!

I missed this too. Where did you see this?