DOWNTOWN IS ON A VIRTUAL
LOCK DOWN AND TIGHT SECURITY IS
GETTING TIGHTER WITH OPENING
STATEMENTS IN THE TRIAL OF
MORNING.
I SPOKE WITH JOE TAMBURINO,
WHO IS NOT AFFILIATED WITH THE
CASE.
TAKE A LOOK.
JOINING US NOW, THE LEGAL
ANALYST, JOE TAMBURINO, THANK
YOU FOR COMING ON.
THANK YOU, GOOD MORNING.
GOT A TALK STRATEGY, FOR THE
DEFENSE, I WAS SURPRISED BY HOW
MANY JURORS HAD A NEGATIVE
IMPRESSION OF DEREK CHAUVIN
BEFORE THE JURY PROCESS
THEY'RE SUPPOSED TO PUT IT
ASIDE, BUT HOW DOES DERRICK
NELSON HANDLE THAT?
HE HANDLED IT VERY WELL.
HE STARTED OFF WITH A HUMMUS
VIDEO WERE APPALLED, AND THEY
ARE GOING TO HAVE A NEGATIVE
VIEW, BUT HE GOT THEM TO AGREE
TO ACCEPT MORE EVIDENCE TO PUT
THAT ASIDE AS BEST THEY CAN AND
BE WILLING TO BE FAIR AND
IMPARTIAL AND EXCEPT MORE
EVIDENCE TO THE TRIAL, THAT IS
A BEST YOU CAN HOPE FOR.
DOESN'T HE HAVE TO SAY IN
OPENING STATEMENTS YOU MAY NOT
LIKE DEREK CHAUVIN BUT THIS IS
NOT MURDER FROM THE DEFENSE
STANDPOINT.
IT WILL PROBABLY SAVE THAT
FOR CLOSING ARGUMENTS, THAT IS
AN ARGUMENT I SAY EVEN IF YOU
DON'T LIKE MY CLIENT HE STILL
HAVE TO OBEY THE LAW AND FOLLOW
THE RULES AND THE EVIDENCE.
I THINK WHAT HE WILL HIT HARD
IS THAT THIS CASE IS ABOUT
CAUSE OF DEATH.
THE CAUSE OF DEATH VERSUS USE
OF FORCE I THINK THAT IS WHAT
HE WILL HIT HARD WHICH IS THIS
IS ALL ABOUT CAUSE OF DEATH
BEING A NATURAL CAUSE OR
FAILURE.
I'M NOT SURE THE PUBLIC
UNDERSTANDS WHEN YOU GOING TO
EXPERT WITNESSES AND EVEN
MEDICAL EXAMINER, THAT THIS IS
FIXATION IS NOT IN THE CAUSE OF
DEATH, THE MEDICAL EXAMINER WHO
IS THE SUPPOSEDLY THE AUTHORITY
SAID THERE WERE NEAR FATAL
LEVELS OF FENTANYL AND HIS
SYSTEM HOUSE A PROSECUTION
GOING TO HANDLE THAT.
THEY'RE GOING TO SAY THIS IS
ALL ABOUT USE OF FORCE THAT MR.
DEREK CHAUVIN DID USE
UNREASONABLE FORCE AND THAT WAS
A CAUSAL FACTOR IN HIS DEATH.
THE PROSECUTION WILL STAY AWAY
FROM THE BUT FOR, THEY WILL SAY
MR. FLOYD DID TOYED BECAUSE OF
A REASONABLE USE OF FORCE AND
THERE WAS A SUBSTANTIAL CAUSAL
FACTOR IN THE DEBT.
IN TERMS OF HOW IT HAS
CAUSED SO FAR, I THINK HE HAS
DONE A REMARKABLE JOB WHEN
YOU'RE IN THE COURTROOM AND I
WILL BE ONE OF THE REPORTERS
THERE COMING IT'S HARD TO
UNDERSTAND THAT IT IS GOING TO
THE ENTIRE WORLD GETS IT FEELS
SO SMALL.
GOOD POINT.
THE OTHER THING THAT IS VERY
ODD AS IT IS BECAUSE OF COVID-
19 RESTRICTIONS THAT WE HAVE
PEOPLE MESSED UP , SEE WILL
ONLY SEE PART OF THEIR FACES.
PART OF THE TRIAL IS HUMAN
THEATER, THIS IS LIVE THEATER.
ATTORNEYS LIKE TO LOOK OVER TO
THE JURY TO SEE HOW THEY ARE
RESPONDING, ORDER THEIR FACES
LIKE?
ARIANNA?
YOU WILL NOT BE ABLE TO TELL.
THAT'S SO INTERESTING, THEY
WILL BE WEARING MASKS.
WILL THE WITNESSES WE WEARING
MASKS AS WELL?
THEY MIGHT BE, BUT THE
WITNESS STAND IS SURROUNDED BY
PLEXIGLAS, THEY ARE PRETTY WELL
PROTECTED.
I AM SURE THE JUDGE WILL SAY IF
YOU'RE COMFORTABLE OR MOVE YOUR
MASK BUT IF THEY DO IT WILL
MAKE IT EXTREMELY ODD YOU DON'T
THE WITNESSES SAYING.
THE VIDEO, I THOUGHT IT WAS
SO INTERESTING THAT NOT ONE OF
THE JURORS HAD SEEN THE ENTIRE
VIDEO, ONE HAD ONLY SEEN A
STILL SHOT OF IT.
IS THIS VIDEO IS AT THE HEART
OF THIS CASE?
FROM THE PROSECUTION SIDE,
YES.
ONLY SHOWING HALF THE PICTURE.
I WOULD EVEN IMAGINE THEY WILL
EVEN PLAY IT DURING OPENING
STATEMENTS, BUT YOU'RE RIGHT.
THAT IS THE MEAT AND POTATOES.
YOU THINK THE PROSECUTION
WILL GET IT IN OPENING
STATEMENTS?
YOU SIMPLY CANNOT JUST YOU WISH
IF YOU GET THE JUDGE TO OKAY
IT.
OR YOU GET THE OTHER SIDE TO