I didn't say it would hurt the prosecution. I said it wouldn't help them. When this started, people kept talking about how many times he said "I can't breath" during the video. They did not know at the time that he was already saying it before they laid a hand on him.
It wasn't COVID though. It was most likely a panic attack brought on by the combination of being arrested and being on meth. Per the medical examiner:
If I understand your argument correctly, you are saying that even though he didn't have symptomatic COVID, that the officers should have considered that he might have had it? That is not a great argument to a jury. There are many other facts which will be more persuasive to a jury than the "I can't breath" statement.
I would leave that statement alone. The defense is going to use the taped conversation to show that Floyd was being irrational and that they couldn't take anything he said seriously.
Focus instead on the fact that while they kneeled on him, that he began to quietly whimper, then went totally silent. That they persisted in kneeling on him in spite of the fact that while he had been very talkative before, he had gone motionless. That they persisted in spite of warnings from the crowd, including that of a paramedic. That they persisted even after checking his pulse and finding he had none.
How is not helping the prosecution not going against them? If it doesn't help the prosecution, then it hurts them. There is no "neutral ground". Specially when you said the defense will probably try to use that against them.
You keep saying he didn't have symptoms, but he kept telling them he can't breath, which is one of the prominent symptoms of COVID-19 that you say he didn't have. So, just like the police, you are IGNORING his statements of "I can't breathe", which is the ONLY way that symptom can be diagnosed short of medical equipment. You seem to believe that because he was saying it before they laid hands on him, it doesn't mean anything, when the opposite is true. You are trying to make conclusions that it was from the police. You don't know that. Neither do I, nobody knows because it was ignored at that time, just as you are doing now. All of your conclusions are based off AFTER the fact information, or rather, your interpretation of that information.
Let the defense show them the tape of him being irrational. BEING IRRATIONAL is an AUTOMATIC built in defense mechanism when you are in distress. Now, if he didn't say "I can't Breathe" then you can say his distress was from the police, but since he said "I can't breathe" multiple times BEFORE being on the ground, nobody can conclude that it wasn't from COVID-19 at that time. (the only reason you can say it wasn't COVID, is because AFTER the fact conclusions.) The only reason we are in this argument is you said his stating that won't help the prosecution, when in fact, it will strengthen their case as it shows they disregarded his statements. It is just as relevant to when he was on the ground in the way of showing motive. AKA a person with only one motive will disregard everything else. (tunnel vision with only one desired outcome)
Now, if this wasn't during the pandemic of COVID-19, and/or if this was a violent situation where Floyd committed a violent act (he didn't) then your argument would be sound. But that isn't the case, since it was during the pandemic, he claimed multiple times he can't breath, which once again, was one of the top KNOWN symptoms at the time for COVID-19 and he didn't commit any violent crime, it once again strengthens the prosecution's case as it shows there was only one focus and motive, and they purposely disregarded any signs (physical and/or verbal) of distress.