Because the prosecution recalled Dr. Martin Tobin as a rebuttal witness on the Chauvin trial, CNN authorized analyst Laura Coates says the pulmonologist must be on the “on the shortest, tightest leash doable” to make sure the decide doesn’t declare a mistrial.
Tobin beforehand testified that it was his opinion that George Floyd died from low oxygen ranges, and he’ll now be rebutting the testimony of protection knowledgeable witness Dr. David Fowler, a retired forensic pathologist.
“The decide has been very clear he will declare a mistrial as a result of any trace, any suggestion or point out of the Hennepin County information might be prejudicial to a defendant who gave discover by their witness knowledgeable a couple of idea of carbon monoxide poisoning. And they didn’t have the information disclosed to them in time to have the ability to doubtlessly absolutely flush it out or to recoil on their very own idea,” Coates defined.
“Appellate courts haven’t any tolerance for prosecutors who do not disclose info in a well timed trend and attempt to get it by a rebuttal witness. And so, this prosecution crew is going to need to be terribly prudent. And I hope that this witness, as informative as he’s, can keep ton that leash.”
The danger is that witnesses may be like wild playing cards, identical to jurors, Coates defined.
“I do not care if you’re probably the most seasoned knowledgeable testifying witness. Typically they don’t perceive the implications of their slip-ups or making a press release … Protection attorneys are at all times on guard with this very level,” she mentioned. “Within the occasion of a conviction, they wish to have their geese in a row of how they will search an enchantment to overturn primarily based on, particularly, prosecutorial misconduct or any allegations primarily based on that.”