Breaking down Derek Chauvin’s choice to plead the Fifth

ABC News Contributor Brian Buckmire details the advantages of pleading the Fifth and the defense’s focus on carbon monoxide levels.
5:50 | 04/16/21

Coming up in the next {{countdown}} {{countdownlbl}}

Coming up next:



Skip to this video now

Now Playing:


Related Extras
Related Videos
Video Transcript
Transcript for Breaking down Derek Chauvin’s choice to plead the Fifth
And for more analysis on the trial would bring in ABC news contributor and host of the long crime network mr. Bryan buck Meyer thanks again for your time Bryant. To Derek showed an invoked his Fifth Amendment right not to testify what the pros and cons of doing this and using that he made the right choice. So all we're digging the dirt Truman made the right choice in terms of blows the pros burden not testify is that this. Jerry schober did testify in slipped up anyway talking about his truthfulness or his tendency to be peaceful. The defense the prosecution sorry we'll be able to bring in other acts potentially the fact that he's being charged with. Tax charges as well as his previous. Uses the force of other individuals that may have brought him civil or criminal liability. And so that would open the pandora's box in terms of Colin. The defense really needed someone I think the only person who could really do it would be dairy show went to get on the sand and say this is what I was thinking. This is what I was distracted about yeah I followed. The rules of Jeter I don't know I've followed. The outlines Bob lieutenant Zimmerman and I use those. Schools about my disposal that I came to this conclusion and it was reasonable for me at that time. Admiral announced this kind of Monday morning quarterbacking that would have been the pro for him to testify but I think way out those two factors they give me the right choice. And yesterday the defense argued that carbon monoxide from the squad car may have contributed to George Floyd stepped. How well would you say to the prosecution knock that down today. Could very well this is a battle the defense didn't need to fight daily ticker shock doesn't to a trial they shouldn't use a scalpel. And when you do that the prosecution has the ability. To bring him the star witness they absolutely wanted to bring edit that being doctor Tobin took part police say that there was in 90% of oxygen in there George Floyd's body meaning that they're beaten up to not necessarily. Up to 2% off carbon monoxide. Doctor Tobin of our police said it looks around of the jury. Not all of us have zero to 3% of carbon monoxide in our body and at a given time. So seeing 2% is not what these doctor Fowler saw in terms of twelve to eighteen and he was wrong was takes away not doctors credibility. A shotgun in cinemas doubtful there and just taking a step back here is with special prosecutor Jerry Blackwell said. In his opening statement on day one of this trial. We're going to show you that putting the needs somebody's that mr. Floyd's wouldn't than be on his back. When that minutes and 29 seconds wasn't imminently dangerous. Activity. He did it without regard to what impact it had on mr. Ford's life. Now the evidence phase is complete what are your thoughts not how well a state made its case. So the state did a good job of kind of under selling but selling just enough. What they're going to be able to prove in this case and they did do that they've put forth the police evidence of ordinary case that was reasonable it was a logical thing. Came to a credible source and so the prosecution and Israelis can come up in summation of what we'll see on Monday. And say remember what we told you will do on opening statements what we did. We promise that hears the case goal of finding conviction and that's what you would do when it comes with summation. You feel that the prosecution delivered let's hear as far as on the defense's side what was said on day one in their opening statement. The evidence will show that mr. Floyd died of cardiac rhythm you. Occurred as a result of hypertension. It's coronary disease is he ingestion of methamphetamine and fentanyl and the adrenaline throwing flowing through his pockets. All of which acted to further. Would you say the defense provided enough evidence to support their Syrian case. You know and there are so everything wrong so many things wrong. With what Erica Nelson said there and the rebels wiccan Buddhist and to show you pop the better way of doing this. Nelson should a caught up on opening statements cannot promise what evidence would show but reinforce that the burden is on the prosecution but he doesn't. To prove anything. However that he would be able to show that is reasonable doubt by showing. But alternative pop explanation as to why George Floyd die. No that doesn't promise what he will do what does that you'll show to some local information to catch you for the jury in terms of that. Position of being the reasonable doubt. But when he puts forward that statement that he's going to show this he's taking Roberta that he doesn't need to take on. And he failed at least in my mind to do that and so the juries expect him to. To give them what he promised opening statements I don't think he can give that consummation. And brought in if I just go back to that statement because it strikes me that what he didn't say. Led to the death was anything about carbon monoxide. And so do you feel that maybe was just kind of a hail Mary in the middle of the trial. I hill area got to get going back to that to my analogy a shotgun approach is that of a scalpel I think that I was this trial went on. And we saw that not only in the carbon monoxide argument but also in that do. Video we're seeing is George forward saying I ate too many drugs are eight utility drugs. This trial went on Eric Nelson literally threw everything and the kitchen sink to see if you would work. And if some or most of those arguments don't work. His credibility. Decreases which each one of those arguments that doesn't seem to stick. And the jury may be left with even a strong argument by Eric Nelson because none of the others were weak they're not gonna credit the once strong argument. Brian I admire appreciate your time and in saint.

This transcript has been automatically generated and may not be 100% accurate.

{"duration":"5:50","description":"ABC News Contributor Brian Buckmire details the advantages of pleading the Fifth and the defense’s focus on carbon monoxide levels.","mediaType":"default","section":"ABCNews/US","id":"77107355","title":"Breaking down Derek Chauvin’s choice to plead the Fifth","url":"/US/video/breaking-derek-chauvins-choice-plead-77107355"}