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U.S. police kneel over Floyd death: Defendant refuses to defend himself

by YCPress

April 16 The trial of African-American man Floyd was crushed to death by police continued on Friday, with the defendant, former Minneapolis police officer Xiao Wan, choosing not to defend himself during the trial, U.S. Chinese reported. Legal experts point out that the defendant’s reluctance to testify publicly would run the foreseeable risk of not defending himself, including giving the jury the impression of committing a crime.

At the hearing that day, defense attorney Eric Nelson explained to Shawan that he had the right to testify in court, but Shawan replied that he would invoke his Fifth Amendment right (i.e., not be forced to testify on his own behalf) and not testify in court.

Legal experts point out that it is not uncommon for defendants to be reluctant to testify publicly, which avoids situations such as past bad behaviour but also runs the foreseeable risk of not defending themselves, including giving the jury the impression of committing a crime.

However, the jury will be told that the burden of giving evidence is with the prosecution, not the defence, so Xiao Wan’s decision not to testify will not lead to any inference.

Defence lawyers then completed the trial, and Judge Peter Cahill said the prosecution would be allowed to call a witness to counter some of the testimony of defence witness David Fowler. Fowler, a retired forensic pathologist, testified the day before that carbon monoxide inhaled from the exhaust pipe of a nearby car after Freud was crushed to the ground may have contributed to his death.

The jury was temporarily removed from the courtroom during a heated argument between the prosecution and the defence over the scope of the testimony that the prosecution witnesses were able to give.

Prosecutor Jerry Blackwell said he asked for new evidence about the amount of carbon monoxide in Freud’s blood. But the request was strongly opposed by the defense, and defense attorney Nelson said it was inappropriate for the new test results to be disclosed because he was notified of the new evidence until after the court adjourned on Thursday night.

Judge Cahill eventually allowed defense witness Martin Tobin to testify, but refused to mention the new test results. Mr Cahill said any reference to the test would lead to a stream of trials. Tobin, who has previously testified in court as a prosecution witness, said Freud’s death was “inadequate oxygen.”

In his final testimony on the 15th, Tobin noted that the oxygen saturation at the time of Freud’s death was 98 percent in medical reports. Prosecutor Blackwell asked, “Does this result tell us anything about the maximum amount of carbon monoxide in his body?” ”

Tobin replied, “Yes, it makes it clear.” It tells us that if hemoglobin saturation reaches 98%, the content of other ingredients is 2%. Therefore, the maximum amount of carbon monoxide will be 2%. ”

Defense witness Fowler said he thought Freud’s carbon monoxide levels could increase by 10 to 15 percent, a claim Tobin called “completely false.”

The court adjourned after the defence lawyer cross-examined Tobin. Closing statements will be made on the 19th.

In May 2020, local time, the former police officer involved in the case, Xiao Wan, knelt for nine minutes during the arrest of Freud, resulting in Freud’s death. A video of Floyd dying calling for help and saying “I can’t breathe” sparked mass protests across the United States. After the crime, Xiao Wan and three other police officers who were out of the police at the time were dismissed.

Xiao Wan, 45, was charged with second-degree murder, third-degree murder and second-degree murder.