The defense objected Thursday to attempts by the prosecution to present previously unknown test results on carbon monoxide levels in Floyd’s blood.
Nelson, Chauvin’s lawyer, complained that the state “has had ample time” to present this evidence during their portion of the case and threatened to move for a mistrial if the test results were allowed.
“It is incredibly prejudicial to the defense at this point,” Nelson argued.
Prosecutors said Andrew Baker, the Hennepin County medical examiner who performed Floyd’s autopsy, heard the defense’s medical expert on the stand Wednesday mention possible exposure to carbon monoxide as having a role in Floyd’s death, which prompted Baker to alert prosecutors to the existence of test results related to that factor.
“It was discovered yesterday by Dr. Baker,” Blackwell said, “and what precipitated it, your honor, was a piece of new evidence. It was a disclosure that came from the stand during the testimony of Dr. [David] Fowler.”
The defense said that information has existed since last year and that it would be unfair for the state to be allowed to introduce it now simply because they had not sought it out earlier.
Cahill agreed, adding, “this late disclosure is not the way we should be operating here.”
Cahill said Martin Tobin, the Illinois pulmonologist recalled to the stand by the prosecution, would not be allowed to testify to the lab results raised by the prosecution, but could discuss the environmental factors of carbon monoxide and issued a stark warning to the prosecution:
“If [Tobin] even hints that there are results that the jury has not heard about, it’s going to be a mistrial, pure and simple,” Cahill said.