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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Was the defense prohibited from mentioning or arguing re his COVID?[/quote]

If so, that is a huge ground for appeal. That would be unbelievable. If not, also a ground for appeal for ineffective counsel because that would have been an incredibly powerful part of the defense[/quote]

I don’t recall anything in pretrial that ruled it out. To be honest, I expected defense to attack causation more. At the time of the autopsy we didn’t know as much about Covid as we do now. There must be a reason, maybe defense thought it wasn’t a strong argument for some reason and risked losing credibility.

That’s not my personal read on whether the defendant is guilty, just that I thought more focused causation arguments could have been made by the defense instead of trying to convince that the use of force was no big deal (which sort of required arguing in a circle: he had to keep restraining Floyd for safety which looked bad but was necessary but also wasn’t using maximal restraint so it was no big deal). I think the defense was treading water a bit towards the end and thought that missed carbon monoxide report was going to be a good strategy to create reasonable doubt without a strong rebuttal, but Tobin was able to infer the levels from information contained in another report that was entered into evidence. [/quote]

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