CLASSIFY GEORGE FLOYD’S DEATH AS
UNDETERMINED.
THE PROSECUTION’S CROSS
EXAMINATION SHOULD BE
INTERESTING AT 2:30 TODAY.
JOINING ME NOW IS NEWS
CORRESPONDENT MORGAN CHESKY WHO IS IN MINNESOTA, GABE GUTIERREZ
IS IN MINNESOTA, GABE GUTIERREZ
IN MINNEAPOLIS, MARY MORIARTY
AND PETE BUTLER.
>> Reporter: THOSE CHARGES WERE
MADE OFFICIAL AT 11:00.
WE’RE TOLD KIM POTTER TURNED
HERSELF INTO THE BUREAU TODAY
ABOUT 11:30 WHERE SHE FACES THE
CHARGES OF SECOND-DEGREE
MANSLAUGHTER.
WE EXPECT THOSE CHARGES TO BE
OFFICIALLY FILED LATER TODAY.
SHE IS BEING PROCESSED AS WE
SPEAK.
ALREADY IN RESPONSE TO THIS,
WE’VE HEARD FROM BEN CRUMP, THE
ATTORNEY REPRESENTING THE FAMILY
OF DAUNTE WRIGHT WHO
ACKNOWLEDGED THIS IS A STEP IN
THE RIGHT DIRECTION, BUT MADE IT
VERY CLEAR THAT IN THEIR EYES,
THIS WAS NOT AN ACCIDENT AND SHE
PURPOSEFULLY PULLED THE TRIGGER
THAT KILLED DAUNTE WRIGHT AFTER
THAT STOP FOR EXPIRED TAGS.
WE EXPECT TO HEAR FROM THE
FAMILY LATER TODAY.
IN THE MEANTIME, THE SCENE
AROUND THE POLICE STATION TODAY
IN BROOKLYN CENTER VERY MUCH
REINFORCED, YOU CAN SEE THE
NATIONAL GUARD AND HUMVEE TROOPS
STATIONED IN AND AROUND THAT
AREA.
AT LAST CHECK, 3,000 NATIONAL
GUARDSMEN ARE NOW HERE IN THE
MINNEAPOLIS AREA READY TO
RESPOND SHOULD PROTESTS GROYW OU
OF CONTROL.
WE KNOW LAST NIGHT THERE WERE
NEAR 60 ARRESTS NEAR WHERE I’M
STANDING FOLLOWING ANOTHER NIGHT
OF PROTESTS, POLICE CHOOSING TO
USE TEAR GAS, AND IN SOME CASES
RUBBER BULLETS, TO DISBURSE
THOSE CROWDS THAT WERE OUT PAST
CURFEW.
NO WORD ON WHETHER THAT CURFEW
WILL BE IN PLACE TONIGHT OR
WHETHER ANY PROTESTS WILL BE
COMING ON THE NEWS OF THESE
CHARGES AGAINST THAT 26-YEAR
VETERAN WHO SUBMITTED HER
RESIGNATION YESTERDAY.
KATY?
>> MARY, WHAT DO YOU THINK OF
THE CHARGES HERE, THE PROBABLE
CHARGE, SECOND-DEGREE
MANSLAUGHTER?
>> IT’S ANGERING A LOT OF PEOPLE
AND PUZZLING A LOT OF PEOPLE
BECAUSE IT’S ALSO THE CHARGES
CHAUVIN IS ACCUSED OF, AND IT’S
THE LEAST SERIOUS CHARGE HE’S
ACCUSED OF, SO I’VE CERTAINLY
SEEN A LOT OF TALKING ABOUT WHY
ISN’T THIS INTENTIONAL OR WHY
ISN’T IT THIRD-DEGREE MURDER?
THERE ARE A LOT OF CALLS FOR THE
CHARGE TO BE CHANGED.
THERE ARE ALSO CALLS FOR THIS
CASE TO BE REMOVED FROM THE TOI
ATTORNEY
-- COUNTY ATTORNEY WHO CHARGED
IT, WHO GIVES ADVICE TO THE
POLICE ADMINISTRATION IN
MINNESOTA, SO PEOPLE HAVE CALLED
FOR THE CASE TO BE REMOVED FROM
HIM AND GIVEN TO THE ATTORNEY
GENERAL’S OFFICE, WHICH IS THE
ENTITY THAT’S PROSECUTING THE
CHAUVIN CASE RIGHT NOW.
>> THE AG’S OFFICE DECLINED TO
DO SO, THOUGH.
THEY THOUGHT THE COUNTY ATTORNEY
WOULD BE WELL SUITED TO HANDLE
THIS.
MARY, WHAT ABOUT THE SPEED WITH
WHICH KIM POTTER HAS BEEN
CHARGED?
USUALLY IT TAKES A LITTLE BIT
LONGER THAN THAT, AND I WONDER
IF ALL OF THE UNREST WE’VE SEEN
IN BROOKLYN CENTER AND ALL THE
HEIGHTENED PRESSURE OUT THERE
GIVEN THE CHAUVIN TRIAL MEANT
THAT THIS WAS DONE A LITTLE BIT
FASTER.
>> I’M SURE THAT’S TRUE.
IF YOU REMEMBER TO LAST SUMMER,
THERE WERE NUMEROUS CALLS FOR
THE POLICE OFFICERS, FORMER
POLICE OFFICERS IN THE GEORGE
FLOYD CASE TO BE CHARGED.
AND WHEN HE WASN’T CHARGED,
THAT’S WHEN A LOT OF THE
PROTESTING HAPPENED, THAT’S WHEN
A LOT OF THE UNREST HAPPENED,
AND UNFORTUNATELY, THAT’S WHEN
SOME OF THE DAMAGE HAPPENED AS
WELL.
SO I’M SURE THEY WERE WELL AWARE
THAT IT WAS IMPORTANT, IF SHE
WAS GOING TO BE CHARGED, TO GET
THOSE CHARGES OUT AS QUICKLY AS
POSSIBLE.
>> BRIAN, WHAT DO YOU MAKE OF
THESE CHARGES?
YOU JUST HEARD MARY MORIARTY,
AND THERE ARE A LOT OF PEOPLE
OUT THERE WHO THINK SHE SHOULD
BE CHARGED WITH THIRD-DEGREE
MURDER.
>> I DON’T KNOW IF THERE’S
ENOUGH FOR THAT.
THANK YOU VERY MUCH FOR THE
QUESTION.
THIS PHENOMENON HAS HAPPENED TWO
TIMES IN THE PAST IN MY CAREER
WHERE AN OFFICER HAS FIRED A
REAL GUN AND MISTAKENLY BELIEVED
THAT THEY WERE FIRING A TASER.
THAT IS SOMETHING THAT IS MORE
EASY TO OCCUR THAN MOST PEOPLE
MAY THINK, AND WHEN WE STARTED
TALKING ABOUT THE CONCEPT OF
INTENT, THE PROSECUTION HAS TO
PROVE BEYOND A REASONABLE DOUBT
THAT IT WAS NOT A MISTAKE BUT
RATHER IT WAS SOMETHING THAT
THIS OFFICER INTENDED TO DO, AND
IN LIGHT OF THE MECHANISM THAT
CAN CAUSE AN OFFICER TO DRAW
INADVERTENTLY A FIREARM, I THINK
THE CHARGES ARE PROBABLY WELL
PLACED AT THIS POINT.
>> LET’S SWITCH OVER TO THE
CHAUVIN TRIAL, WHICH IS
HAPPENING AGAIN JUST A FEW MILES
AWAY FROM ALL OF THE UNREST
SURROUNDING THE DEATH OF MR.
WRIGHT.
GABE GUTIERREZ, A NEW DEFENSE
THAT WE ARE HEARING TODAY THAT
WE HAD NOT HEARD BEFORE, THAT
GEORGE FLOYD DIED OF POSSIBLE
CARBON MONOXIDE POISONING.
HOW IS THAT GOING OVER IN THE
COURTROOM?
>>
>> Reporter: HI THERE, KATY.
YES, THAT PARTIAL DEFENSE CAME
FROM THE DEFENSE WITNESS, DR.
DAVID FOWLER.
WE MENTIONED HE WAS A FORMER
CHIEF MEDICAL OFFICER IN
MARYLAND.
HE SAID WHILE HE WAS QUESTIONED
THAT POTENTIAL CARBON MONOXIDE
POISONING AS A RESULT OF EXHAUST
FROM THE POLICE SQUAD CAR WAS A
POTENTIAL CONTRIBUTING FACTOR TO
GEORGE FLOYD’S DEATH, AND DR.
FOWLER HAS SAID THAT IT WAS NOT
LACK OF OXYGEN THAT KILLED
GEORGE FLOYD BUT THAT HE DIED
DUE TO CARDIAC ARREST COMBINED
WITH ILLICIT DRUG USE.
KATY, WE EXPECT THE PROSECUTION
TO HIT BACK HARD ON THIS
POTENTIALLY THIS AFTERNOON
DURING CROSS EXAMINATION.
THE COURT IS IN A LUNCH RECESS
RIGHT NOW.
BUT DR. FOWLER IS SEEN AS ONE OF
THE DEFENSES MOST CRUCIAL
WITNESSES.
THE PROSECUTION CAME UP WITH
SEVERAL MEDICAL EXPERTS
PREVIOUSLY, LATE LAST WEEK AND
EARLY THIS WEEK, THAT REALLY
STRESS THE POINT THAT GEORGE
FLOYD DIED DUE TO ASPHYXIA, DUE
TO LACK OF OXYGEN AS A RESULT OF
DEREK CHAUVIN’S ACTIONS.
NOW THE DEFENSE IS REALLY TRYING
TO BRING UP THIS WITNESS WHO
SOME LEGAL EXPERTS ARE SAYING
ARE THROWING OUT OTHER POTENTIAL
REASONS TO CAST SOME DOUBT ON AT
LEAST ONE JUROR, BECAUSE, KATY,
U TO REMEMBER, THEY ONLY NEED TO
CREATE REASONABLE DOUBT WITH ONE
JUROR TO END UP WITH A HUNG
JURY.
SO THIS IS SEEN AS A VERY
CRUCIAL WITNESS FOR THE DEFENSE.
IT WILL BE VERY INTERESTING TO
SEE HOW THE PROSECUTION, YOU
KNOW, HITS BACK DURING CROSS
EXAMINATION.
KATY?
>> MARY, I AM CURIOUS ABOUT
THAT.
I KNOW THAT YOU’RE A DEFENSE
ATTORNEY, BUT THE PROSECUTION,
HOW DO YOU EXPECT THEM TO GO
AFTER THIS WITNESS AND THIS NEW
DEFENSE THAT IT WAS AT LEAST
PARTIALLY OR COULD HAVE AT LEAST
PARTIALLY BEEN CARBON MONOXIDE,
ESPECIALLY WHEN YOU CONSIDER
THAT GEORGE FLOYD’S HEAD WAS BY
THE VEHICLE, WAS WHERE IT WAS,
BECAUSE DEREK CHAUVIN HAD HIM
PINNED DOWN RIGHT THERE?
>> WE GOT A PREVIEW OF THIS WHEN
ONE OF THE MINNEAPOLIS POLICE
OFFICERS WAS TESTIFYING, AND
THERE WAS A QUESTION ABOUT THE
EXHAUST.
THE DEFENSE ASKED THAT IN CROSS
EXAMINATION, AND ACTUALLY, I
THINK IT WAS A VCA OFFICER
TESTIFIED THAT THIS IS A HYBRID
CAR, AND THEY COULDN’T EVEN TELL
IT WAS RUNNING BECAUSE IT WAS SO
QUIET.
SO WE BHAERDHEARD ABOUT THAT EXH
ISSUE EARLY ON.
THE STATE DID A REALLY EFFECTIVE
CROSS EXAMINATION OF THE DEFENSE
USE OF FORCE EXPERT YESTERDAY.
I EXPECT THEM TO DO AN EFFECTIVE
CROSS EXAMINATION OF FOWLER.
ONE THING THAT STOOD OUT TO ME
IS THAT THE STATE HAS CALLED AN
EXPERT CARDIOLOGIST, A
PULMONOLOGIST AND A
TOXICOLOGIST.
AND BOTH OF THE MEDICAL EXAMINER
EXPERTS SAID THAT ON VARIOUS
ISSUES THEY WOULD CERTAINLY
DEFER TO THOSE EXPERTS.
BUT DR. FOWLER TODAY KIND OF PUT
HIMSELF OUT THERE AS AN EXPERT
CARDIOLOGIST, PULMONOLOGIST,
TOXICOLOGIST, ALL OF THAT.
HE ALSO IS THE DEFENDANT IN A
LAWSUIT IN MARYLAND BECAUSE HE
FOUND A DEATH ACCIDENTAL UNDER
KIND OF SIMILAR CIRCUMSTANCES.
SO WE MAY HEAR THE STATE TALK
ABOUT SOME OF THAT.
I SHOULD ALSO SAY THAT OUR THIRD
THIRD-DEGREE MURDER, INTENT IS
NOT MEANT TO KILL.
IT’S ALSO ONE OF THE CHARGES
THAT CHAUVIN IS CHARGED WITH,
AND THAT’S WHY PEOPLE ARE
SAYING, WHY IS KIM POTTER ONLY
CHARGED WITH MANSLAUGHTER.
>> THE MARYLAND CASE YOU BROUGHT
UP, THE LAWSUIT, IT’S THE FAMILY
OF ANTON BLACK AND THEY’RE
ACCUSING DR. FOWLER OF HELPING
TO COVER UP THE ROLE THAT POLICE
PLAYED IN HIS DEATH.
BRIAN, THIS IS A LAWSUIT WE HAVE
HEARD ABOUT.
YOU CAN SEE THE HEADLINES RIGHT
HERE.
IS IT LIKELY TO COME UP IN
COURT, AND IF IT DOES NOT COME
UP IN COURT, I GUESS, SHOULD IT?
>> WELL, KATY, YOU’RE BRINGING
UP SOME GREAT POINTS.
THE REALITY IS THIS IS GOING TO
BE A TURF WAR THAT WILL HAPPEN
OUTSIDE THE PRESENCE OF THE
JURY.
TO THE EXTENT THEY’RE GOING TO
GO INTO THIS OTHER CASE, THE
JUDGE HAS TO BE CONCERNED ABOUT
WHETHER THIS IS GOING TO BE A
TRIAL WITHIN A TRIAL AND WHETHER
IT WILL SIDETRACK THE JURY’S
ATTENTION FROM WHAT THEY’RE
THERE TO LOOK AT.
I THINK THAT IT’S GOING TO BE AN
UPHILL BATTLE TO GET THAT
EVIDENCE IN.
HOWEVER, YOU BROUGHT UP ANOTHER
REALLY GOOD POINT THAT I WANT TO
TALK ABOUT, KATY, WHICH IS UNDER
THE MINNESOTA STATUTE, THEY HAVE
TO SIMPLY SHOW THAT THIS
PARTICULAR DEFENDANT, CHAUVIN,
CAUSED THIS PARTICULAR
SITUATION.
AND EVEN IF THE CARBON MONOXIDE
TURNS OUT TO BE MORE RELEVANT
THAN WE ORIGINALLY THOUGHT, AS
YOU ALLUDED TO, IT’S STILL THE
ACTIONS OF THIS OFFICER THAT
EXPOSED MR. FLOYD TO THAT.
SO I DON’T SEE IT AS HAVING -- I
DON’T SEE THE DEFENSE IS GETTING
VERY MUCH TRACTION FROM THAT,
BUT I’M SURE WE’LL SEE AN
EFFECTIVE CROSS AFTER LUNCH.
>> THE DEFENSE, AS GABE
MENTIONED, AS WE KEEP SAYING A
LOT, BRIAN, THEY JUST NEED ONE
JUROR TO SAY THAT THERE IS
REASONABLE DOUBT.
AT THIS POINT IN THE TRIAL, DOES
THE DEFENSE HAVE A JUROR IN MIND
THAT THEY MIGHT BE TARGETING
WITH THIS LINE OF QUESTIONING?
>> AGAIN, THAT’S SO IMPORTANT.
WE’RE NOT IN THE COURTROOM, AND
YOU WOULD NEED SOMEONE THERE TO
BE ABLE TO ACCURATELY ANSWER
THAT GREAT QUESTION.
JURORS ARE VERY COMMUNICATIVE
EVEN THOUGH THEY’RE SILENT.
THEY’RE VERY COMMUNICATIVE AND
IT’S EASY TO SEE HOW THEY MIGHT
INTERPRET INFORMATION AS WE
START TO GET TO DAY 4, DAY 5.
I THINK THEY MADE ALMOST NO
HEADWAY YESTERDAY AT ALL.
THIS IS A VERY GOOD WITNESS, BUT
THE IDEA THAT HE ACTUALLY
CONNECTED WITH A JURY WOULD HAVE
TO BE SOMETHING WE WOULD HAVE TO
BE IN THE COURTROOM TO DETERMINE
THAT ENERGY.
THERE IS ANOTHER CORE THING, THE
PROSECUTION HAS ANOTHER CASE,
THEY HAVE A REBUTTAL CASE AFTER
THE DEFENSE RESTS, AND I’M SURE
THEY’RE PROBABLY CONTEMPLATING
DIFFERENT WITNESSES THAT CAN
ATTACK THE SCIENCE THAT WE’RE
SEEING RIGHT NOW.
>> VERY INTERESTING.
AGAIN, BECAUSE OF COVID, THERE
ARE LIMITED SEATS INSIDE THAT
COURTROOM AND THERE’S ONLY TWO
REPORTERS ALLOWED IN PER DAY, SO
WE DON’T GET A LARGER SENSE OF
WHAT’S GOING ON WITH THE JURY
THAN WHAT WE GET FROM WHAT WE