The Daily Beast
Pool via ReutersA former medical examiner testifying in former Minneapolis cop Derek Chauvin’s murder trial has raised the bizarre theory that exhaust from the police car may have contributed to George Floyd’s death.Dr. David Fowler, a defense witness, wheeled out studies that showed people can die of carbon monoxide poisoning in open spaces, and that people with heart issues are more susceptible.“In my opinion, Mr. Floyd had a sudden cardiac arrhythmia or cardiac arrhythmia due to his atherosclerotic or hypertensive heart disease… during his restraint and subdual by the police, and then his significant contributory conditions would be... he would have the toxicology, the fentanyl and methamphetamine, there is exposure to a vehicle exhaust, so potentially carbon monoxide poisoning or at least an effect from increased carbon monoxide in his bloodstream, and paraganglioma,” Fowler, who was the chief medical examiner for the state of Maryland for almost two decades, told jurors in Hennepin County court on Tuesday.“All those combined to cause[d] Mr. Floyd’s death,” he added.Defense Expert in Chauvin Trial: Knee on George Floyd Was ‘Justified,’ Caused No PainHe said that carbon monoxide did not “exclusively” cause Floyd’s death and he wasn’t aware if carbon monoxide levels were tested during Floyd’s autopsy. He explained that the cops likely didn’t suffer from the exposure because they were further away from the car, were younger, and “hopefully” didn’t have heart disease.As Fowler described that Chauvin’s use of force was seemingly justified, jurors looked visibly tired while Chauvin scribbled on a notepad, according to pool reports from inside the room.Fowler’s testimony came a day after another defense witness, former cop Barry Vance Brodd, made the unusual statement on Tuesday that Chauvin’s nine-minute restraint of Floyd was not a “use of force” but, rather, a “control technique” because it caused Floyd no pain. Under intense cross-examination, he eventually admitted that Floyd would have felt pain when Chauvin had both knees on top of him.Fowler is among several people being sued by the family of Anton Black, who died in police custody in September 2018 in Maryland. The suit alleges that Fowler was among several officials who covered up the use of force in the case, and that he unnecessarily delayed autopsy results and was unethically influenced by police.Dr. Andrew Baker, the Hennepin County Medical Examiner who performed the autopsy on Floyd previously testified that he died of “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression”—which he said was “fancy medical lingo for the heart and the lungs stopped… in the setting of law enforcement subdual, restraint, and neck compression.” He said heart disease, fentanyl use, and methamphetamine use were “other significant conditions” but did not cause Floyd’s death.He made no mention of carbon monoxide and noted that Floyd had a paraganglioma, or a benign tumor on his pelvis, but said it played no role in his death.Medical Examiner: Chauvin’s Restraint Was ‘More Than Floyd Could Take’An independent report commissioned by Floyd’s family, which will not be shown at trial, concluded that he died of strangulation from the pressure to his back and neck. Both reports determined Floyd’s death was a homicide.Chauvin’s defense team began their case on Tuesday by focusing on Floyd’s previous drug history, his frantic behavior during his May arrest, and the crowd of bystanders that one police witness called “very aggressive.” Eric Nelson, Chauvin’s lawyer, has previously argued that Floyd’s death was partially a result of health issues and drugs—and that his client was simply doing what “he was trained to do throughout his 19-year career.”Prosecutors called 38 witnesses over 11 potent days of testimony, including the Minneapolis police chief, who said the former officer “absolutely” violated protocol, and three renowned medical experts said Floyd died of low oxygen caused by the cops’ actions alone, rather than drugs or heart disease. Bystanders and other police officers testified that the crowd watching Floyd’s arrest was not so threatening as to warrant excessive force.On Wednesday, however, Fowler, insisted that Chauvin’s knee did not injure Floyd—nor did the prone position that Floyd was placed in during the arrest. Stating that there was “no evidence” in research that suggests that the prone position restricts airflow, Fowler said that “none of the vital structures were in the area where the knee appeared to be from the videos.”Pulmonologist: Chauvin’s Knee on Floyd Was Akin to Having ‘a Lung Removed’Chauvin, 45, is on trial for second and third-degree murder as well as second-degree manslaughter. Three other officers involved in Floyd’s arrest—Tou Thao, Thomas K. Lane, and J. Alexander Kueng—will face trial in August on charges of aiding and abetting second-degree murder while committing a felony, and aiding and abetting second-degree manslaughter with culpable negligence.On Wednesday, Morries Hall, who was in the car with Floyd on May 25, refused to testify in Chauvin’s trial, invoking his constitutional right against self-incrimination because he fears being criminally charged. Hall’s lawyers told the court last week that the 42-year-old may open himself to third-degree murder charges in connection to Floyd’s death if he were to testify after allegations he provided him with drugs.“I’m fearful of criminal charges going forward,” Hall told Judge Peter Cahill before court began on Wednesday. “I [also] have open charges that's not settled yet.”Read more at The Daily Beast.Get our top stories in your inbox every day. Sign up now!Daily Beast Membership: Beast Inside goes deeper on the stories that matter to you. Learn more.
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