Derek Chauvin invoked his Fifth Amendment right not to testify on Thursday and the defense rested its case as the trial of George Floyd’s death neared its final stages.
Chauvin, speaking into a microphone before the jury entered the court, said it was his decision and his decision alone not to testify. Questioning from his attorney Eric Nelson suggested a tense internal debate on the issue.
“I will invoke my Fifth Amendment privilege today,” said the 45-year-old, who is facing murder and manslaughter charges for Floyd’s death on May 25, 2020.
If he had chosen to testify, prosecutors would have been allowed to cross-examine him
“I have advised you, and (to say that) we have gone back and forth on the matter would be kind of an understatement, wouldn’t it?” Nelson asked.
“Yes it is,” Chauvin said.
The defence also told Hennepin County District Judge Cahill it would call no more witnesses after two days of testimony. Prosecutors from the Minnesota attorney general’s office said they would call at least one rebuttal witness.
Chauvin, who is white, was seen in a bystander’s video kneeling on the neck of Floyd, a 46-year-old Black man in handcuffs, for more than nine minutes after Floyd was accused of using a counterfeit $20 bill to buy cigarettes.
The footage of Floyd’s death sparked global protests against the disproportionate use of force by police against Black people.
The question of whether Chauvin would testify had been the subject of weeks of speculation, with analysts suggesting the risks were high for the defendant.
If he had chosen to testify, prosecutors would have been allowed to cross-examine him.
Chauvin’s lawyers also called a forensic pathologist who said Floyd, whose death was ruled a homicide at the hands of the police, really died of heart disease, and that the exhaust fumes of the adjacent police car may have also poisoned him.
A number of medical experts called by prosecutors have said Floyd died from a lack of oxygen because his breathing was constricted by the way he was held down. A cardiology expert rejected the notion that Floyd died of heart problems, saying all indications were that he had “an exceptionally strong heart”.
Closing arguments are set for Monday, after which the jury will be sequestered during deliberations.
