The defense has rested it's case. Officer Chauvin has declined to testify. The prosecution was allowed a rebuttal from the pulmonologist that previously testified for the State to address a few new issues brought up by the testimony of the defense's pathologist. This is expected to address the idea of environmental exposure to carbon monoxide and to cite a study on heart size to rebut the testimony that Mr. Floyd had an enlarged heart. The pulmonologist is also expected to testify that a test showed an O2 level in Mr. Floyd's blood that would preclude the presence of a significant level of carbon monoxide. The defense is expected to challenge the accuracy of that O2 testing.
The judge did not allow "newly found" evidence that the State ME says it had, but did not disclose to the defense, that the CO level was tested in Mr. Floyd's blood and that it was low to insignificant. The judge ruled that it was the State's responsibility to find and disclose this evidence/data to the defense during discovery months ago. The judge ruled it would be prejudicial to the defense for the State to present this evidence at such a late time. It was noted that the defense's expert pathologist was on a plane on his way home and unavailable to consider, evaluate and testify about this newly reported evidence. The judge also clearly stated that IF the State's pulmonologist makes any reference to the test results of the CO level in Mr. Floyd's blood that he will declare a mistrial.
