so potentially carbon monoxide poisoning or at least increased carbon monoxide in his blood stream and other conditions. >> the family of daunte wright where waiting to see if charges will be filed against kim potter. potter and the city's police chief resigned yesterday. joining us now, nbc morgan chesky in brooklyn center, minnesota and law professor many -- melissa murray and paul butler. welcome all. shaq, first to you, take us through what's been happening this very detailed discussion today on heart functions and george floyd throughout the morning and i understand, first you have a report from the journalist that's been allowed in the courtroom to represent all of us. >> reporter: it seems as if the jury is engaged and taking notes. this pool reporter notes when you heard the opinion from dr. fowler, the key opinion saying it was a sudden cardiac event during his restraint by police and mentioned contributing factors, that's when you heard or saw all the jurors start taking notes. they have been doing that throughout the testimony. that's something they have been doing consisten

derived from looking at the counter saturation content which is at 98% and therefore the most carbon monoxide could've been two-person so it is addressing the same issue from the two different perspectives and oxygen saturation versus actual testing and the test results of the monoxide itself. >> i agree with you that if the tests had been disclosed earlier before doctor fowler testified there would be no problem with putting that in its rebuttal but there would probably be money because doctor fowler would be advised as the results and testified accordingly so there would be no need for rebuttal. other than that, are those the four topics ended counsel set those out? >> s, your honor. >> alright, first of all in dealing with these lab test results i find that doctor follows report a sufficient notice to state the carbon monoxide, the carbon monoxide that potentially was in georgia floyd's blood could have effected cause of death. i read page 15 of his report which i don't have at my fingertips at this point but basically they said doctor fowler came right out and said it should be tested. th

floyd died from carbon monoxide poisoning? >> absolutely not, not a full carbon monoxide poisoning, no. >> now, i would like to if the court could publish, and before the court does, the next slide has a screenshot from officer kueng's body worn camera at 20:24:09. do you see that in front of you? >> i do not at this time, no. >> how about now? >> yes. your honor, i've independently marked this single slide as exhibit 1058. and based upon discussions with counsel, i would move for its admission. >> 1058 is received. >> permission to publish. >> doctor fowler, based on your review of the video and evidence were you able to determine if the vehicle was running? >> there was evidence that the vehicle was running. >> what would that evidence consist of? >> what i observed was a collection of fluid. >> objection, your honor. may we approach? >> [sidebar] [sidebar] [sidebar] [inaudible] doctor fowler, based on your general knowledge as a forensics pathologist and your personal experiences, what comes out of a car's exhaust? >> typic

and so it is specifically sas carbon monoxide?it gives the letter symbols for it, so it would -- there's a clean copy. >> what specifically does it say, if you could just read it off the record? >> it's a specifically in oximetry values, it says fco and then h b-lowercase-letter, 1.5% and then it gives the normal range of zero to 2.0 percent as the normal range. it indicates on the record also a name for mr. floyd for this record, it would be last name -- first name tennessee because when the test was when they did know it was george floyd. >> i note on the report that was disclosed to the state in february that on page 15 at the top it says if there's a defect in the vehicle, this gas will be present or if a person is close to the exhaust here for completeness mr. floyd's blood cl level should be tested. so the s state received that pat of the report back in february, is thatt correct? >> that's correct your honor. >> anything else, mr. blackwell, before he turned to mr. nelson? >> your honor, no. >> all right. mr. nelson. >> tha

i find that the dr follows report gave sufficient notice to the state the carbon monoxide the carbon monoxide per tension he was in george floyd's blood could have affected cause of death i read page 15 of his report which i don't have in my fingertips at this point but basically they said that dr fellow came right out and said it should be tested . that gave the state notice with sufficient time in february to either test the samples that are still there or to dig a little deeper just by serendipity that dr baker calls the city and says oh by the way it does exist it should be in there it seems to me very odd i'm not claiming any bad faith on the state's part but it seems odd that hennepin county medical center when they're asked to turn over all their records that they don't include records that maybe are just buried a little deeper i think their responses pino is probably insufficient in and of itself and they should check their standard operating procedures so that in the event this happens again that they will supply all the information they have but in any case. the defense gave

on the carbon monoxide.sults that existed before the ones that are at issue from last night/this morning. what dr. tobin. these are the ones that relate to the oxygen saturation. that was known before last night. and so i haven't talked to dr. tobin this morning about what he's going say or when. i might ask the court for a few minutes before we start. but what he was able to come to last night without seeing anything at all related to the test results at issue is we had the results already. both sides do. on the oxygen saturation in his blood from may 25th, 2020. >> let me ask you this. is his opinion going to be that when the oxygen saturation levels are this high that precludes high co? because a high cashrbon monoxid reading deprepress the oxygen. >> exactly. >> that that would indicate a low carbon monoxide? >> mr. nelson? >> your honor, as i understood dr. fowler's testimony, lower levels of carbon monoxide, because the pulse does not -- it's not going to differentiate based on the color of the blood b

not a full carbon monoxide poisoning, no. >> all right. i would like to -- if the court could publish and before the court does, the next slide has a screen shot from officer king's body-worn camera at 20:24:09. do you see that in front of you there? >> i do not at this time, no. how about now? >> yes. >> your honor, i have independently marked this single slide as exhibit 1058, and based upon discussions with counsel i move for its admission? >> any objection? >> no. >> exhibit 1058 is received. >> permission to publish. >> yes. >> were you ever able to determine if the vehicle was running? >> there was evidence the vehicle was running. >> what would that consist of? >> what i observed was a -- i don't think this is working. what i observed -- >> objection, your honor, may we approach? >> you're watching a sidebar conversation during the testimony of the defense expert witness, dr. david fowler, and they are discussing an objection as they look at pictures of the crime scene, and laura coates as you watch this play out they are showing ev

is there anything specifically about carbon monoxide concentrations?e carboxy he hemoglobin w have the concentrations. it would return a value for the carbon monoxide content and show whether or not that result is in the normal range or not. that would be the reading in the readout from the test results. >> and so specifically say carbon monoxide? >> it gives the letter symbols for it. so it would, if there is a clean copy. >> what specifically does it say, if you can read it off in the record. >> it says specifically in the occimetry values it says fco and then h lower case b, 1.5% and it gives the normal range of zero to 2.0% as the normal range. it indicates on the record also a name for mr. floyd, it would last name bronze and first name tennessee. at the time the tests were run, they didn't know it was george floyd. >> i know on dr. fowler's report disclosed to the state in february that on page 15 at the top, it says, if there was a defect in the vehicle, this gas will be present or if a person is close to the exhaust. for completeness, mr. floyd

floyd's potential exposure to carbon monoxide. >> yes. >> were you able to hear testimony regarding this yesterday? >> yes, i was. >> were you able to see this particular slide in the highlighted statement at the bottom is seven minutes mr. floyd's carboxy hemoglobin could have increased by ten or 18%. >> correct. >> would you first just tell us right off the bat, do you agree with that proposition that is highlighted there? >> no, i do not. >> would you tell us what carboxy human woman is. >> carboxy he will go been is when the carbon monoxide combines with the protein in the blood that is caused the hemoglobin and so it is the commendation of the carbon monoxide and that protein in the blood. >> and why is carboxy hemoglobin important. >> it is important because when the carbon monoxide binds to the hemoglobin it displaces the oxygen after hemoglobin so you need the oxygen on the hemoglobin and you don't want the carboxy and it because it takes it over. >> then, do you have an opinion to a reasonable degree of medical certainty as to whether the statement that mr. floyd's carboxy hemog

and so the maximum amount of carbon monoxide would be 2%.arboxihemoglobin. that was measured yesterday. the maximum is 2%. it doesn't tell you it is 2%, it could be something else. but 2% is within the normal range. you and i have levels of carboxihemoglobin between 0 and 3. >> and so, in other words, as to the statement that his carboxihemoglobin could have increased to 10% to 18%, that's not possible? >> simply wrong. >> and at most, 2%? >> at most. which is normal. >> new subject to discuss with you. so you might recall if you listened to the testimony my discussing with dr. fowler the hypofair ink. >> i remember. >> you and might remember i spent some time asking him about what research he had done on the potential for pressure on the back to narrow the hypopharynxes? >> i recall that. >> do you recall him saying he had canvassed the literature and he couldn't find snig. >> i'm sorry? >> do you recall him saying he had reviewed the research and he could not find anything? >> yes. i recall that. >> are you able to enlighten or give any in

the maximum amount of carbon monoxide would be 2%. it tells you the maximum amount. that was mentioned yesterday. the maximum amount is 2%. doesn't tell you it is 2%. it could be something else. 2% is within the normal range. you and i have levels of somewhere between 0 and 3. >> in other words, as to the statement that it could have increased 10% to 18%, in your view, that's not possible? >> it's simply wrong. >> it was at most 2%? >> at most, 2%. >> normal? >> i mean, which is normal. >> new subject to discuss with you. you might recall if you were listening to the testimony, my discussing with dr. fowler the hypopharynx. >> i remember. >> you might recall i spent time asking him about what research he had done on the potential for pressure on the back to narrow the hypopharynx. >> i recall that. >> do you recall him saying he canvassed the literature and he could not find anything? >> i'm sorry? >> do you recall him saying he had reviewed the research and he could not find anything? >> yes. i recall him saying that. >> are you able to enlighten or give information

the carbon monoxide would usually be classified as an accident. although, somebody was holding him there. so, some people would say, you could elevate that to a homicide. you have got the drugs onboard. in most circumstances, in most jurisdictions, a drug intoxication would be considered to be an accident. he's got significant-natural disease. certainly, the heart. the paraganglioma. you can certainly consider it as a potential-exacerbating process. but i couldn't put it top of the list there. so he's got a mixture of that. and then, he's -- he's in a situation, where he is being restrained, in a very stressful situation. and that increased his fight-and-flight-type reaction. and that would, during restraint, would be considered a homicide. and you put all of those together, it's very difficult to say which of those is the most accurate. so, i would fall back to undetermined. >> now, if we can -- >> in this particular case. >> joining us now to break down the week's testimony is sara azari, criminal defense attorney. charles coleman jr.. and jill

>> the carbon monoxide -- which studies are you referring to? >> the san antonio study, i'm sorry, three. san antonio study, the demaio and then the poland study. >> so, the demaio and san antonio are one of the same. doctor maye was the chief medical examiner the san antonio medical examiner's article. >> so if we have the san antonio and demaio study, that involves three people, didn't it? >> correct. >> and then we have the study you told us about, the polish study that involved one person. >> correct. >> you can you tell the ladies and gentlemen of the jury how long were the subjects in those studies exposed to carbon monoxide, do you know? >> it is unknown. >> now, i had another issue that i wanted to raise again under this heading of the jury not being confused and this relates to the white substance that you were referring to in the mouth of mr. floyd, remember that discussion? >> yes. >> so it started with a white substance in his mouth and i think it ended with talking about a partially digested pill in the car. remember that? >> yes, i

all had been poisoned by carbon monoxide he woke up almost a day later in the hospital to heartbreak his wife and daughter had died his son was in intensive care >> translator: i screamed and i don't even remember what i was saying >> reporter: in our investigation with pro publica and the "texas tribune" we found at least 11 texans died from carbon monoxide poisoning. >> the kids down in my house not feeling good >> reporter: more than 1,400 were also taken to emergency rooms like the one at memorial hermann >> we might see 50 patients a year who were poisoned with carbon monoxide. we surpassed that on our first night. >> reporter: according to data obtained by nbc news, almost 80% of the people poisoned by carbon monoxide and treated at memorial hermann during the height of the storm were black or latino >> reporter: texas is one of only six states to leave carbon monoxide alarm regulations up to local government shalemu said if an alarm had been required in his home his wife and daughter would still be here. is there someone you want to see held accountable for this >> translator:

the potential of a carbon monoxide role, and the potential of the perrygangly omaha was adding to the whole mixture making things even worse. >> how would you classify the manner of death? >> this is one of those cases where you have so many conflicting theorys, and so some people would say you could elevate it to a homicide. you've got the drugs onboard. in most circumstances, in most jurisdictions, a drug intoxication would be considered to be an accident. he's got significant natural disease, certainly the heart, the perry yo gangly omaha, and you could consider it as an exacerbating process, and he's got a mixture of that. he's in a situation where he has been restrained in a very stressful situation, and that increased his fight and flight type of reaction, and that would be considered the homicide, and you put all those together and it's difficult to say which of those is the most accurate, so i would fall back to undetermined in this particular case. >> if we put your slide regarding the undetermined manner again back up. so essentially, doctor, you would agree this had lots of

the idea of a forensic pathologist who's telling you that perhaps it was carbon monoxide. when you weigh this as a jury you have not only planted seeds of doubt you haven't planted any common sense notions to rebut that avalanche of testimony from the prosecution. >> and commissioner, we heard from so many officers testifying against chauvin on behalf of the prosecution. do you think it would have been helpful for the defense to offer up a character witness for chauvin? >> well, first, they may not have had one, and on cross-examination the prosecution has been so skilled in cross-examining witnesses that even if they brought one forward i don't know how useful it would be in justifying the actions of derek chauvin. i mean, you've had testimony after testimony from people inside the department, including the police chief, including the head trainer, all of whom said that this is outside of policy, it is not consistent with training. so i don't know what a character witness would do in order to justify the actions of derek chauvin. this is just so far removed from any 'olsy

through what we've been hearing in the last few minutes john this discussion about the level of carbon monoxide in. in florida blood why is that significant. well it's significant because it helps to determine whether karma monoxide contributed to george floyd's death because that's part of the defense theory the defense is saying that he didn't die. on his neck cutting off his oxygen and therefore leading to death that's what the prosecution says happened but the defense medical expert yesterday said that floyd in fact died of cardiac arrest a combination caused by a number of factors including narrowing arteries from heart disease and drug use he did have methamphetamine and fentanyl in his system so they're suggesting that he essentially would have. anyway whether or not he had this police officer on his neck so it's very important for that and for the prosecution to be able to establish that that is not what happened and that's what doctor that's what doctor told and was just testifying to 1st of all he said. the maximum amount of carbon monoxide within george floyd system was 2 percent tha

carbon monoxide.ension of an argument that because floyd was situated near the tailpipe of one of the cruisers that was running, apparently, at the time, maybe that had something to to with it. the prosecution took it on. here was the cross. >> you haven't seen any data or test results that showed mr. floyd had a single injury from carbon monoxide, is that true? >> that is correct, because it was never sent to -- >> i asked you whether it was true, sir. is it true? >> it is true. >> did you see any air monitoring data that would give you any information as to what amount of carbon monoxide, if any, would have been in mr. floyd's breathing zone? >> no, because it was not tested. >> it was a yes or no question. you haven't seen any, have you? >> i have not seen any data. >> this becomes an expert speculating on the presence of carbon monoxide because of the proximity of the tailpipe and that that may be a contributing factor to why all of this was about something other than the knee on the neck. >> chri

you know the point he points out that one of the theories was that carbon monoxide from the car was the problem. if you just get straight back to the cold will go back to. the defense lawyer closing statements everything else and let's just listen to what he is going to say and every one of you for your attention and service history. i'm a pall i'm going to apologize if i get a little long winded because i get one bite at the apple here the state has an opportunity to rebut my statement after this there is so very much we need to cover there are so very much we need to talk about and it is all important. before i begin my review of the evidence in this case i would like to address 2 very crucial points of law and they were touched on by the state the presumption of innocence and what proved beyond a reasonable doubt. the presumption of innocence the defendant is presumed innocent that's the starting point he's presumed innocent of these charges and this presumption remains with him throughout the course of the trial the presentation of the evidence throughout the course of your delibera

the prosecuting attorney immediately pushed back on the carbon monoxide theory, asking dr.even on. dr. fowler said he made that judgment based on the video. jerry blackwell then zeroed in on the carbon monoxide studies that dr. fowler cited this morning. he also questioned dr. fowler over confusing the jury on a white substance found in george floyd's mouth. he got him to say he was not suggesting it was a pill. let us listen in. >> next statement was, in fact, never withdrawn by real truth? >> he withdrew it and said that it was more of a risk to individuals who were obese, is my recollection of the course of events in dr. rey's history. >> your honor shall i want to show exhibit 818, simply for identification purposes to discuss with the witness. let me show you first this affidavit from dr. rey and if you look on the second page, if you have that, to you see where he has signed it here and dated it? donald rey? >> yes. >> that's the person you're referring to, right? >> yes, dr. donald rey. >> let go back to the first page and see if he retracted this. the first paragrap

fowler's report gave sufficient notice to the state that carbon monoxide, carbon monoxide that potentially in george floyd's blood could have affected cause of death. the late disclosure has prejudiced the defense. it's not going to be allowed. >> reporter: a short time later, all witness testimony came to an end. >> the state of minnesota rests. >> so the defense and the prosecution have both rested, as you heard there, which means the jury will hear chosing arguments on monday, the judge says, and they could very well get the case on monday as well and start deliberating. i do want to mention this. just a few minutes ago, five minutes ago, i spoke with philonise floyd who talked about what it was like inside the court and watching much of this trial. he said it was extremely difficult, extremely emotional and he believes that all the evidence anyone needed to see in this case is the video that the world saw. and he said he's hoping the jury, in his words, gives the family justice. jake? >> sara sidner, thank you very much. jennifer, let me start with you. the defense rested today. they c

floyd had a single injury from carbon monoxide. is that true? >> that is correct because it was never sent -- >> i specifically asked you whether it was true, sir, yes or no. >> it is true. >> fowler is currently facing a lwsuit in connection with previous testimony. he is accused of helping to cover up the role of police in the 2018 death of a black teenager in maryland. the jury will not be told about the lawsuit. >>> new coast guard video shows the rough conditions where a ship capsized in the gulf of mexico. efforts to find 12 missing crew members continued through the night. six others were safely rescued and one body was recovered from the water. some family members of those missing say their loved ones tried to contact them while the ship was sinking. >> getting a call around 4:30 something and then at 5:54, but i couldn't like answer it like there was no one there, so i don't know if he was trying to tell me what was going on, but i didn't get to speak to him at that time. >> and both of their phones -- >> yeah, both of their phones -- >

it was specifically on the carbon monoxide allegation. reasonable degree of medical certainty whether this state that mr. floyd's hemoglobin could have increased 10% to 18% is reliable? >> no, i believe it is not reliable. >> will you tell the ladies and gentlemen why that statement is not reliable? >> i base it on the arterial blood gas that was ob entertained when mr. floyd was in hennepin county. >> shaq, let me go to you first. was that what they were trying to do, introduce evidence that would have refute it without him having to talk about it? >> that's exactly what they were trying to do. we saw before the jury was brought in the prosecution came up and explained to the judge they actually got a call here from the medical examiner in hennepin county, dr. andrew baker, saying he was watching the testimony yesterday of dr. fowler and there were results in the blood testing from george floyd after he died that would have answered the question of how much carbon monoxide was in his system. i know they used a whole bunch of medical term

he had no data how much carbon monoxide was being released or even if the car was on. today the prosecution called one of its most impactful witnesses, pulmonologist dr. martin tobin to refute this so-called expert's claim. >> the protein in the blood that carries the oxygen, how much of that hemoglobin is saturated with oxygen. and we know in mr. floyd that it was 98% saturated. >> does that tell us anything whatsoever about what the carbon monoxide content could have been at a maximum? >> yes, it does. it tells us that if the -- if the hemoglobin is saturated at 98%, it tells you all there was for everything else is 2% and so the maximum amount of carbon monoxide would be 2%. >> was at most 2%. >> at most 2%. >> normal. >> which is normal. >> again, dr. martin tobin, a long and critical care expert testifying that car exhaust did not kill george floyd. but you knew that already. closing arguments are set for monday after which the jury will be sequestered during deliberations. we could see a verdict as soon as next week. joining me now is shaquille brewster who's bee

floyd had a single injury from carbon monoxide. is that true? >> that is correct because it was never sent -- >> i specifically -- i asked you whether it was true? >> that is true. >> now as you were talking about carbon monoxide, you were referring to the squad car that mr. floyd was near. weren't you? >> yes. >> have you ever laid eyes -- i don't mean pictures, physically, on the squad car that you were referring to? >> i have not. >> do you know whether it has a single exhaust or double exhaust? >> the information that i was provided it has a double exhaust with twin exhaust pipes on each side so it has four exhausts. >> right. now, did you know the make and the model of the car? >> it is a ford explorer interceptor. >> is it a hybrid? >> yes, it is. >> okay. now, did you see any air monitoring data that actually would give you any information as to what amount of carbon monoxide, if any, would have been in mr. floyd's breathing zone? >> no, because it was not tested. >> it was a yes or no question. you haven't seen any, have you? >> i have n

carbon monoxide. other than mr. nelson saying the car was turned on at the time nobody said the police car was off you did hear it was a hybrid vehicle there is no evidence that the car was even on if we talk about carbon monoxide to have a reasonable and honest assessment. but even more to the point what they cannot lose sight of, whose car was it? if mr. floyd is being subdued on the ground mr. chauvin come if he puts his face in front of the tailpipe it has carbon monoxide why is that not an unreasonable use of force in your custody or care? what reasonable police officer would apprehend someone on the ground to put their face in front of a tailpipe and think that is a defense? there is no evidence the car was even on and you learned all you need to know which was if he was suffering from carbon monoxide as doctor tobin told you, you cannot get a 90 percent oxygen saturation from what they gave him artificially. you heard about the sentinel overdose. with this one you are just told earlier that afternoon he was a

instead, the expert raised a number of other possibilities, including carbon monoxide poisoning.jamie yuccas was inside the courtroom. >> reporter: maryland's former chief medical examiner dr. david fowler backed the defense's argument that george floyd's death was not a homicide. >> all of his injuries were in areas where the knee was not. >> reporter: fowler said floyd's heart suddenly stopped, due to hypertension and heart disease. he also testified that many factors contributed to floyd's death, including drugs.luding d. and and fowler pushed this theory: >> there is exposure to a vehicle exhaust, so potentiallys carbon monoxide poisoning. >> reporter: the prosecution swung back. >> do you agree with me that there was no finding of carbon monoxide poisoning per the autopsy review? >> i do. >> reporter: prosecutors jerry blackwell also attacked fowler's testimony about derek chauvin's weight. >> so you didn't factor in the weight that his equipment that was also on the body of mr. floyd, is that true?d, is that ? >> that is true.rue. >> reporter: and his citing of studies abou

all poisoned by carbon monoxide. he woke up almost a day later in the hospital to heartbreak. care. >> translator: i screamed and i don't even remember what i was saying. >> reporter: in our conversation with propublica and the texas tribune, we found 11 texans died from carbon monoxide poisoning. >> the kids are not feeling good. >> reporter: more than 1,400 were taken to emergency rooms, like the one at memorial herman. >> we might see 50 patients a year poisoned with carbon monoxide and we surpassed that on our first night. >> reporter: according to data obtained by nbc news, almost 80% of the people poisoned by carbon monoxide and treated at herman during the height of the storm were black or latino. texas is one of only six states that leave carbon monoxide alarms up to the local government. he said if the alarm was required in his home, his wife and daughter would still be here. is there someone you want to see held accountable for this? >> translator: i would. i hold accountable the government, electricity company and police all together. they've could have saved a lot

carbon monoxide, now other than mr. nelson saying that the car was turned on at the time, nobody from that witness stand from evidence in this case said the police car was off. you did hear it was a hybrid vehicle. you know, how are we talking about carbon monoxide with a car that was no evidence from the stand that car was on we're going to talk about carbon monoxide and givee this a reasonable honest assessment. but even more to the point about carbon monoxide that joust can't lose sight of -- who's car was it, ladies and gentlemen? that if mr. floyd is being subdued on the ground by mr. chauvin, an if he puts his face in front of a tail pipe an carbon monoxide -- why h isn't that a unreasonable use of force that officer in your custody is in your care it is not in your custody i don't care. in your custody is in your care. what reasonable police officer would pranged someone on ground subdue them and put their face in front of a tail pipe of a car and think that's a defense? here, not particularly fair is no evidence

the carbon monoxide is new. what are we learning about this particular medical expert's background, josh? >> reporter: yeah, what the defense strategy is right now is trying to overcome this damning testimony that we've heard from prosecution witnesses. you'll recall they brought in several medical experts who said it was the action of that officer, derek chauvin, that ultimately led to the death of george floyd, so the defense wr bringing their own medical expert really refuting that notion that chauvin was to blame, as you mentioned coming up with a host of possible different contributing factors and theories. some of our legal experts have said this is perhaps to maybe just raise doubt in the mind of the jurors which we know they have to be unanimous in order to convict him of murder. some of the theories they pointed out is that perhaps george floyd had heart disease, perhaps he was under the influence of some substance. and the one which was the most controversial is this idea that perhaps it was carbon mon

martin tobin, who prosecutors used as a rebuttal witness to testimony that carbon monoxide could haved a role in george floyd's death, pointing to a blood oxygen saturation report that showed that george floyd's was at 98% when he died. >> does not tell us anything whatsoever about what the carbon monoxide content could have been at a maximum. >> yes, it does. >> if the hemoglobin is saturated at 98%, everything else is % and so the maximum amount of carbon monoxide would be 2%. >> tobin was among the over 40 witnesses that were called total in this trial, from those steps away from george floyd on may 25th, 2020. >> do you need a minute? >> i feel helpless. >> to law enforcement on the use of force that day. >> was this a trained minneapolis police department defensive tactics technique? >> it is not. >> i felt that derek chauvin was justified, was acting with objective reasonableness. >> reporter: and doctors on the cause of death. >> there is no evidence to suggest he would have died that night except for the interactions with law enforcement. >> reporter: now a process almost a ye

tobin to emphasize was the idea that carbon monoxide poisoning contributed to the death. so after the direct examination and quicker cross-examination, the case was rested. monday the jury will begin deliberating. the judge said to pack a bag. he said it could be as short as an hour or as long as a week in terms of time to deliberate. but they were told to come with bag in hands and the case will be in their hands monday. >> derek chauvin is not testifying. it would open up questions about his whole career and things he has done. would it have been a benefit to testify on his behalf? >> i don't see any benefit to him testifying. i think this was the right choice for him. why do you say that? if i am the prosecution and derek chauvin decides to take the stand, i am going to play the 9:29 video and it will take me an hour or two hours to get through that video because i am going to stop it every five seconds and turn to the witness derek chauvin the defendant and ask him what was his state of mind, ask him to tell me if the desee deseed ant was unconscious, why the sunglass

carbon monoxide. other than mr. nelson saying that the car was turned on at the time, nobody from evidence said the police car was on. how are we talking about carbon monoxide where there is no evidence from the stand that the car was even on? even more to the point about carbon monoxide, that you can't lose sight of, if mr. floyd is being subdued on the ground by mr. chauvin, and he puts his face by the tailpipe of a car spewing out carbon monoxide, why is that not an unreasonable use of force? in your custody is in your care. is not in your custody i don't care. in your custody is in your care. what reasonable police officer would apprehend someone and put their face under a tailpipe of a car and think that is a defense? there's no evidence the car was even on, and you learn all you need to know which was if he was suffering from carbon monoxide, as dr. tobin told you, you would not be able to get oxygen saturation from that artificially. you heard about the fentanyl overdose. with this, you were just told, earlie

exposure to unhealthy levels of carbon monoxide can lead to carbon monoxide poisoning. a serious health condition that could result in death, unfortunately. unintentional carbon monoxide poisoning from vehicles and apply ans -- appliances such as furnaces and stoves kills more than 400 people each year and sends more than 15,000 to the hospital emergency rooms for treatment, mr. speaker. this legislation would protect americans from an otherwise undetectable harm. this bipartisan bill represents a long-standing commitment of the energy and commerce committee to protect america's consumers, families, and children. i urge my colleagues to pass this particular bill. i'll reserve, mr. speaker. the speaker pro tempore: the gentleman reserves. the gentleman from new jersey is recognized. mr. pallone: thank you, mr. speaker. i yield such time as she may consume to the gentlewoman from new hampshire ms. kuster, who is the lead sponsor of the bill. the speaker pro tempore: the gentlewoman is recognized. ms. kuster: thank you, mr. chairman. as a mother, aunt, and great aunt to a

saying it's simply wrong that carbon monoxide killed him. so as you look at the core defense for officer choechb here from his team, it's that perhaps it was underlying health conditions or drugs that killed george floyd. the prosecution had witnesses refuting that. or there was an angry, threatening crowd around officer chauvin and somehow that compelled him to stay in that defensive crouch. have they made those arguments well enough for a jury to have some doubt about the guilt of officer chauvin here? >> i don't think so. i thought the case was compelling and logical and overwhelming. the defense tried the angry crowd trope and we saw the crowd, willie. we saw the crowd that the officers saw. they were upset, but they were upset because a man was being killed, murdered in front of their eyes. they weren't threatening the police. and oh, by the way, as the prosecution pointed out, the police on the scene didn't call for backup, they didn't feel that threatened. as for cause of death, i think the defense did a better job here. i think they

carbon monoxide. now, other than mr. nelson saying that the car was turned on at the time, nobody from that witness stand from the evidence in this case said the police car was on. you did hear it was had a hybrid vehicle, you know. how are we talking about carbon monoxide with a car that there's no evidence from the stand that the car was even on if we're going to talk about carbon monoxide and give this a reasonable honest assess president, but even more to the point about carbon monoxide that you just can't lose sight of. whose car was, it ladies and gentlemen? that if mr. floyd is being subdued on the ground by mr. chauvin and if he puts his face in front of a tailpipe of a car that's spewing out carbon monoxide, why isn't that an unreasonable use of force? in youth cut city in your care. it's not in your custody i don't care. in your custody is in your care. what reasonable police officer would apprehend someone on the ground, subdue them and put their face in front of a tailpipe of the car and then think that that'

carbon monoxide. now other then mr nelson saying that the car was turned on at the time nobody from that with the stand from evidence in this case said the police car was on you did here was a hybrid vehicle you know are we talking about carbon monoxide with a car that there's no evidence from the stand of the cars even. if we're going to talk about carbon monoxide even give this a reasonable honest assessment but even more to the point about carbon monoxide that you just can't lose sight of. that is mr floyd is being subdued on the ground. by mr show. and if he puts his face in front of a tailpipe of a car spewing out carbon monoxide. why isn't that an unreasonable use of force by an officer in your custody is in your care it's not in your custody i don't care in your custody is in your care what reasonable police officer would apprehend someone on the ground subdue them and put their face in front of the tailpipe of a car and then think that's a defense. here not particular faires no evidence the ca

we don't know if the car was emitting carbon monoxide. we don't know.ne thing we do know is that it was running, and how can we tell that it was running, because in the video we watched earlier when thomas lane pulls in that squad cut at cup foods, he puts it in park, he never touches the keys of that vehicle and he gets out. the car was running. one last point to make. and i should be fairly quick with this. the superceding cause that was discussed. a superceding cause is a cause that comes after the defendant's acts alters the natural sequence of events and is the sole cause of a result that would not have otherwise occurred. now, let's look at the medical timeline here. we know that ems was called initially at code 2 at 8:20:11. we know that ems was stepped up to code 3 at 8:21:35. we know that ems responded to cup foods based on the videos at 8:27:27. we know that ems called for fire at to:38:36. it takes approximately three minutes for ems and the arresting officers to put mr. floyd into the ambulance and the ambulance pulls away from cup foods at

the prosecution says that evidence shows normal levels of carbon monoxide in his blood. that would push back on a theory from a defense witness yesterday that carbon monoxide poisoning could be one of the several contributing factors in floyd's death. the timing of the new evidence, though, appeared to set off judge cahill. >> the late disclosure has prejudiced the defense. it's not going to be allowed. so dr. tobin will not be allowed to testify to those lab results. if there's anything he wishes to add about carbon monoxide as far as environmental factors, but if he even hints at test results the jury has not heard about, it's going to be a mistrial, pure and simple. this late disclosure is not the way we should be operating here. >> blunt language there. the prosecution was allowed to recall one of their expert witnesses to disagree with the defense's carbon monoxide theory but without mentioning that new evidence. closing arguments will begin on monday, and then derek chauvin's fate will be in the hands of the jury. joining me now is nbc news correspondent gabe gutie

tobin came back and explained it wasn't carbon monoxide. no. you know how george floyd died. and you heard this. but specifically dr. tobin provided fairly extensive detail and was very clear that george floyd died as a result of a low level of oxygen. low level of oxygen caused a brain injury and an arrhythmia that caused his heart to stop. it is not a cardiac event. the heart disease didn't cause him to die. it was the low level of oxygen. it was the asphyxia that caused him to die. and we know that happened. we know that happened because they observed during the restraint at 20:24:21. they observed a seizure, a telltale sign of oxygen deprivation. dr. tobin told you that and even dr. fowler told you that. after mr. floyd experienced a seizure, he passed out. after his pulse and start stopped. that cardiopulmonary arrest was the result of the police subdueal and restraint and neck compression. we know from dr. tobin george floyd did not die primarily from a cardiac event as has been suggested. now, george floyd was not in perfect health. he had narrowed arteries, high blood

poisoning, or at least an effect from increased carbon monoxide in his blood stream, and the naturalcess that he had. all of those combined to cause mr. floyd's death. anchor: dr. david fowler there. let hear from our correspondent, who has been following this trial. larry: dr. david fowler' s testimony is critical to the defense of officer derek chauvin . the prosecution brought six medical experts. witnesses told the jury george floyd died because of brain damage that caused his heart to stop. they went into extreme detail that was very technical, but the jury paid attention to most of it. dr. david fowler saying the exact opposite, telling the jury that is not true, what led to the death of george floyd was his underlying health problems, his use of drugs, fentanyl and amphetamine in his system, was the exhaust, carbon monoxide from where he was lying, and only a little bit of the subdural restraint. this is also in contradiction of what the coroner ruled after an autopsy on the body of george floyd. medical examiner dr. andrew baker in his report said the manner of death was a ho