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Philadelphia officials are preparing for potential unrest. The hypothetical suspect then fell, hit his head and died. Mine was in my neck and his was in his back.". Minneapolis police medical support coordinator officer Nicole Mackenzie was called back to the stand to testify for the defense Tuesday. He cried when he described his brother's "one of a kind" relationship with their late mother. She said Floyd told her he took 7-9 Percocet pills and said he was addicted. Schleicher asked whether it would be important for an officer to take into account the context if someone said "I can't breathe" while being restrained in a position known to be a risk for positional asphyxia. Brodd was formerly a police trainer in Santa Rosa, California, giving in-service training to licensed officers in defensive tactics, crowd control and other topics. Najee Ali, a Black Lives Matter activist, embraces Peter Zazzara, a former Marine and White Lives Matter activist, in Huntington Beach, Calif., April 11, 2021. When an officer drew his gun on Floyd, "he instantly grabbed the wheel, and was like, 'Please, please don't kill me…", When Frank interrupted Hill's description of Floyd's reaction to the gun, she said, "You said explain what state he was in, sir. ", Schleicher asked whether he believed Chauvin's position was unlikely to produce pain. IE 11 is not supported. Retired paramedic Michelle Moseng testified she responded to treat Floyd at the Minneapolis fourth precinct after his May 2019 arrest. Chauvin, who was seen in disturbing videos kneeling on Floyd's neck for more than nine minutes, is charged with second-degree murder, third-degree murder and second-degree manslaughter. The jury has not yet been called into the courtroom. Schleicher asked. "I'm not going to shoot you if you put your hands on the dash, it's the last time I'm going to tell you, it's simple," Creighton says on the video. In Minnesota, second-degree murder carries a maximum sentence of 40 years in prison. "We both struggled from chronic pain. Attorneys in the Derek Chauvin trial are making closing arguments Monday. Highlights from Day 11 of the trial of Derek Chauvin. Asked to look again at the picture, Brodd said, "In this picture, that could be a use of force.". He said the testimony should be viewed only for the purpose of what physical effects opioids had on George Floyd, not as a reflection on his character. Later, after Floyd lapsed into unconsciousness, Brodd admitted he was no longer resisting and was not breathing, yet Chauvin did not change his position. A verdict is not expected until mid to late April. But he qualified his answer, "It's all about the contact and the resistance of the suspect.". Creighton said he pulled his weapon when Floyd wouldn't show him his hands. Chauvin has pleaded not guilty. Defense attorney Eric Nelson played Chang's bodycam video in court. Earlier coverage is below. Jurors also heard from a cardiologist and Floyd's brother Philonise Floyd, who testified as "spark of life" witness and remembered his brother as a "leader in the household.". Philonise Floyd became emotional when the protection introduce a photo, pictured below, of Floyd and his late mother, Larcenia. The testimony was another chance for the prosecution to show the jury video footage from Floyd's last minutes, where he begs for his life and says "I can't breathe" over and over — at least 27 times by Stoughton's count. He said there was no need to put Floyd in a prone restraint and that Floyd did not present a threat proportional to the officers' response. If convicted of the most serious charge, he could face 10½ years to 15 years in prison under sentencing guidelines for … Copyright © 2021 CBS Interactive Inc. All rights reserved. Chang is heard saying, "He's making it more difficult. He agreed that officers are allowed to respond with force to a threat, but not a risk. The trial will resume Tuesday at 9:15 a.m. local time. At one point, Schleicher asked whether Brodd agreed Chauvin didn't stop kneeling on Floyd's neck even though Floyd had become compliant. LIVE: Chauvin Trial Day 10 – Forensic Pathologist and Medical Examiner Day; Derek Chauvin Trial – Prosecution Problems Ignored or Misrepresented In Mainstream Media; LIVE: Chauvin Trial Day 13 – BREAKING – Motion for Judgment of Acquittal Denied, Defense Case Continues Testimony focused on Floyd's drug use and a defense use-of-force expert said Chauvin was justified in restraining Floyd. He told the jury to expect to be sequestered for deliberations beginning April 19, following closing statements. It also shows "another officer's reaction to what was going on" in relation to the growing crowd of bystanders. All agreed they would be able to set aside their concerns and deliberate impartially. When asked about Floyd's restraint on the ground, Brodd replied, "I don't consider a prone control as a use of force." Chang is heard telling them to step away from the car and "stay put." Why Chauvin trial's verdict may hinge on Judge Cahill's jury instructions The prosecution and defense have made their cases. "He woke up, made a little gesture and nodded back off, he did that a couple times," Hill said. Floyd, below on the left, loved to play basketball, Philonise said. The 11th day of witness testimony in the murder trial of Derek Chauvin came to a close Monday with the judge informing jurors that they should expect to … The defense is now calling Minneapolis police officer Nicole Mackenzie. "Damn, he still won't get in the car, just sit down dude," Hill is heard saying, apparently referencing Floyd's struggle with officers who were trying to get him inside the squad car. “It’d be a different story if it was civil unrest following another verdict, where the jury can see what the consequences of a certain verdict might be in a similar case, but that’s not this case,” he said. Schleicher asked whether Brodd knew that Minneapolis police policy defines restraint as a use of force. On cross-examination by prosecutor Erin Eldridge, Moseng said she took Floyd's blood pressure, which was elevated at 216 over 160. Third-degree murder is punishable by up to 25 years. Cardiologist Jonathan Rich took the stand Monday as the first witness in the third week of testimony in the Derek Chauvin trial. So now he's dealing with the bigger threat.". Hill said she went to Floyd's car when he offered her a ride. Requesting for "the jury be sequestered is really a way that the defense ... can preserve this issue on appeal," Butler said. To convict Chauvin of second-degree manslaughter, prosecutors will need to prove beyond a reasonable doubt that Chauvin caused Floyd's death by "culpable negligence," meaning he created unreasonable risk and consciously took a chance of causing death or serious harm. Minneapolis awaits verdict in Derek Chauvin's trial 19 April 2021, 12:20 am Minneapolis residents are getting ready for the outcome in the trial of the white ex-police officer accused of murdering African-American George Floyd, a case that has come to be seen as a pivotal test of police accountability. The defense has played body camera video of the 2019 traffic stop involving George Floyd. Brodd said he believes Chauvin was justified, acting with objective reasonableness and following Minneapolis police training. ... Minneapolis Police Chief Medaria Arradondo announced the firing of all four officers the following day. Defense attorney Eric Nelson argued the shooting "brings to the forefront of the jury's mindset that a verdict in this case is going to have consequences.". For an optimal experience visit our site on another browser. During his testimony, cardiologist Dr. Jonathan Rich affirmed much of what other medical experts called by the prosecution have said about the cause of George Floyd’s death. Hill said Floyd told her in the store he was tired because he had been working, but the jury was ordered to disregard the opinion. He said he believed officers were justified in keeping Floyd in the prone restraint because of the space restrictions between the squad car and the street, because Floyd was "still somewhat resisting" and because of the crowd growing more vocal. Prosecutors do not need to prove that Chauvin intended to cause Floyd's death. During the traffic stop, Floyd, who was a passenger in the car, was "non-responsive to my commands" and was taken from the vehicle and handcuffed, Creighton testified. George Floyd's brother testifies at trial. Their mother died in 2018, leaving George Floyd devastated, he testified. But when Floyd had stopped resisting, and "clearly when Mr. Floyd was no longer responsive and even motionless, to continue to apply that level of force to a person prone out, hands cuffed behind their back — that in no way, shape or form is anything that is by policy," Arradondo said. "No reasonable officer would have believed that was an appropriate, acceptable or reasonable use of force.". Floyd can be heard asking the officer not to shoot him. In response to a question by Schleicher, Brodd said Floyd was actively resisting for several minutes while he was on the ground by "struggling against the officers.". The jury was expected to be called in to continue with testimony at 9:30 a.m. local time (10:30 a.m. WATCH LIVE: https://t.co/L7VNQmThNY pic.twitter.com/fX4LnmOEKi. "Someone trying to lift their body up with their face off the pavement would cause pain, wouldn't it?" He's on the ground and everything," Hill replied. Defense begins calling witnesses in Chauvin t... Defense attorney Eric Nelson, left, and former Minneapolis police officer Derek Chauvin on April 13, 2021. ", Later, as a crowd begins to grow, Hill and Hall become more concerned about Floyd and ask what's happening. LIVE: Testimony continues with the defense calling Barry Brodd to the stand. In terms of range of criminal offenses, Brodd agreed a call for a fake $20 bill is on the "less serious" side. Floyd can be heard asking the officer not to shoot him. On redirect questioning by defense attorney Eric Nelson, Brodd said pointing to short clips amounts to "picking and choosing" and isn't reflective of the entire incident. On cross-examination by prosecutor Matthew Frank, she described trying to wake Floyd up as police approached the car. Prosecutor Steve Schleicher then asked whether Brodd had seen the autopsy photos showing scrapes on Floyd's shoulder and face. "I was focused on [Floyd's] car, but it distracted me, and I was concerned for the officers' safety, too," Chang said. "It's not part of our training and it's certainly not part of our ethics or values.". He had earlier denied a defense request for the jury to be further questioned and immediately sequestered in light of the fatal police shooting Sunday of a driver in nearby Brooklyn Center, which led to protests. Initially he denied medical issues, but he told her of a history of hypertension and said he had not been taking his blood pressure medication for months, Moseng agreed. Prosecutors are objecting to additional bodycamera footage being introduced from a park police officer who responded to the scene, calling it "not relevant" and "full of hearsay.". Brodd said he did not believe the force Chauvin used on Floyd was deadly. The defense began presenting its case Tuesday in the trial of Derek Chauvin, the fired Minneapolis cop charged in George Floyd's death. Wright’s death, just miles away from where George Floyd died, in the officer-involved incident once again led to protests and unrest in the state. Eldridge walked through a series of other medical assessments that Moseng performed on Floyd, and Moseng agreed they were normal. He also loved to teach the game to others. Brodd said a reasonable officer should assess what Floyd was doing while he was making the statements. He said a sequestration order now might cause further unease over safety concerns from the jurors. A string of medical experts have testified for the prosecution, saying the police restraint restricted oxygen to Floyd's body and caused his heart to stop. In order to convict Chauvin of second-degree murder, prosecutors will need to prove beyond a reasonable doubt that Chauvin caused Floyd's death while committing or attempting to commit a related felony, in this case third-degree assault. He said Floyd taught his siblings how to love and respect their mother. Chauvin made a similar statement to Floyd as he was being restrained. "I learned the game from him.". Stoughton, a former police officer who now studies policing and use of force, gave his opinion on how the officers involved in Floyd's death, including Chauvin, acted in accordance with standard police protocol. Looking at a picture of Chauvin restraining Floyd, Brodd said Chauvin's knee was on Floyd's "upper spine and neck area. She said Floyd told her he had been taking opioids, but she felt it wasn't consistent with his behavior because he seemed agitated. When Schleicher asked what Floyd was doing at that point that was not compliant, Brodd noted the position of Floyd's arms and said his hands should be in the small of his back, "resting comfortably. Mackenzie agreed with Nelson that officers are trained to physically restrain individuals they believe might be suffering from the condition until EMS arrives. ", Schleicher asked, "attempting to breathe while being restrained is being slightly non-compliant?". "He's on the ground? Professor Seth Stoughton has taken the stand as an expert witness for the prosecution in the trial of Derek Chauvin. He said George Floyd loved their mother "so dearly" and described their relationship as "one of a kind." She recommended he be transported to the hospital, but he was resistant, Moseng agreed. Testimony focused … To convict the former officer of third-degree murder, prosecutors must convince the jury that Chauvin caused Floyd's death during an act that was "eminently dangerous to others and evincing a depraved mind, without regard for human life.". President Joe Biden is keeping a watchful eye on this week's closing arguments in the Minneapolis trial of Derek Chauvin, fearful that a controversial verdict … Oral COVID-19 vaccine being tested in LA-area research center, What's behind the push for a 4th stimulus check, Defense begins calling witnesses in Chauvin trial. Schleicher brought up Brodd's previous testimony during which he suggested an officer might believe someone saying "I can't breathe" could be faking it if they were seen to be breathing. On cross examination by prosecutor Steve Schleicher, Brodd agreed that if a prone restraint is inflicting pain on a person, it would be considered a use of force. "I don't know," Moseng replied. Judge Peter Cahill allowed a redacted version of the video to be introduced. The defense began presenting its case Tuesday in the trial of Derek Chauvin, the fired Minneapolis cop charged in George Floyd's death. The NBA has instructed teams to be vigilant about the impact of a verdict in the Derek Chauvin trial for the death of George Floyd, including the possibility of … He analyzed Chauvin's actions for the defense, focusing his review on the videos, use-of-force policies and training. That should cause an officer to be "aware and more concerned.". Second-degree manslaughter carries a maximum prison term of 10 years. She said she ran into Floyd at Cup Foods on May 25, 2020, just before the fatal arrest. Chauvin said Mackenzie's testimony was for the limited purpose of explaining why Lane mentioned the condition during Floyd's fatal arrest. Minneapolis’ Star Tribune will air the Derek Chauvin live trial . Mackenzie said she teaches officers that excited delirium can be associated with mental health diagnoses and that it requires immediate medical attention because it can cause cardiac arrest. Hennepin County District Court Judge Peter Cahill allowed Stoughton to take the stand, but set limitations to his testimony, saying he could testify about national standards for use of force and about whether or not he believes the crowd in this instance could have been a factor in Chauvin's response. The judge in Derek Chauvin’s murder trial decided Monday not to sequester the jury in the case following protests in Minnesota over the fatal police shooting of a Black man. Mackenzie testified she uses an acronym "NOT A CRIME" to help officers treat the condition as a medical diagnosis, not criminal activity. Hill replied, "Very.". Philonise Floyd, George Floyd's brother, took the stand in the trial for George Floyd's death. Michelle Moseng: “he told me he’d been taking multiple (drugs) every 20 minutes.” She took his blood pressure: it was 216/160. Jurors have already heard from Floyd's girlfriend, Courteney Ross, who testified that like so many Americans, they had a shared struggle with opioid addiction. ... there will only be one just verdict, and that is to find Mr. Chauvin not guilty,” Nelson told the jury during his opening. So do you need a vaccine card? Brodd admitted that it could. Hill is heard saying, "They did something to him --- people are taking pictures over there. Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter in Floyd's death last Memorial Day. Brodd agreed that any person can present a risk of danger, but a threat would require some kind of indication of an intent to do harm. Mackenzie testified previously in the case. Schleicher asked with a raised voice. “I felt pretty confident that Mr. Floyd had three medical problems,” Rich added: hypertension, anxiety, and substance abuse, but there was no evidence of heart disease. A verdict in the trial of former Minneapolis police officer Derek Chauvin could come as soon as next week Published April 17, 2021 • Updated on April 17, 2021 at 5:28 pm NBC Universal, Inc. It wasn't clear whether he was addressing the driver or Floyd. Brodd agreed that Chauvin's restraint could be considered a use of force under department policy. The defense case centers around how Floyd died, which has been a key point of dispute at trial. Dangers of positional asphyxia due to being restrained in the prone position are a known risk, Brodd admitted. The "spark of life" testimony is intended to humanize Floyd and to give jurors a fuller view of who he was. Retired Minneapolis police officer Scott Creighton is the defense's first witness. Facebook intensifies content moderation ahead of Derek Chauvin verdict. He said he appeared "very nervous and anxious. FOX 5's Stephanie Ramirez said a police memo obtained by FOX 5 stated that -- beginning today -- … Philonise Floyd said George Floyd didn't want to leave as he stood by his mother's casket, saying over and over, "Mama." Defense attorney Eric Nelson asked Mackenzie to describe the academy training she provides to police cadets about excited delirium. The prosecution called Seth Stoughton, a law professor, as its last witness, using his expertise to guide the jury through a timeline of George Floyd's last moments, beginning when Derek Chauvin arrived on scene. The paramedic also testified Floyd had elevated blood pressure and that she recommended he go to the hospital. He said officers need to keep their "head on a swivel" to assess potential threats around them. "I miss them both," he said. When asked to explain, he described a scenario where officers used a Taser on a domestic abuse suspect who was resisting arrest. the fatal police shooting of a Black man. "He might have hurt himself, all right, who knows," Chang replied. "I don't know the difference," Brodd responded. Defense attorney Eric Nelson is now beginning his case. Monday's testimony also included a cardiologist, who bolstered the prosecution's argument for Floyd's cause of death, and a use of force expert, who said Chauvin exercised deadly force that was not reasonable. "Both Floyd and I, our story, it's a classic story of how many people get addicted to opioids," Ross said. pic.twitter.com/jKmb7U6itt. The criminal trial of Derek Chauvin could lead to the verdict of a generation. ET By Nicholas Bogel-Burroughs , Mike Baker , Azi Paybarah and Mike Ives Schleicher asked. Politics. The 11th day of witness testimony in the murder trial of Derek Chauvin came to a close Monday with the judge informing jurors that they should expect to begin hearing the defense's case on Tuesday. Though the suspect died, Brodd said the use of the Taser on the suspect was justified by his resistance. "The only struggle you saw Mr. Floyd doing after he was restrained was struggling to breathe, isn't that right?" He said the restraint did not amount to deadly force. In body camera video played in court, Creighton raises his voice and uses an expletive as he commands Floyd, a passenger in a car he pulled over, to show him his hands. He repeatedly testified as to what a "reasonable officer" would have done. A photo presented during Philonise Floyd's "spark of life" testimony on the eleventh day of the trial of former Minneapolis police officer Derek Chauvin in Minneapolis on April 12, 2021. Under cross-examination by prosecutor Erin Eldridge, Creighton admitted he and another officer gave Floyd different commands, including for him to put his hands on his head and the dash. Live Updates: "This wasn't policing, this was murder," prosecutor tells Chauvin jurors, NASA's Ingenuity helicopter makes maiden flight on Mars, Allies say Russian opposition leader could die in "days", J&J faces more scrutiny for CEO's $30 million payday, Supreme Court turns away disputes over gun ban for nonviolent felons, Trump backs Afghanistan withdrawal, breaking with GOP allies, Suspect arrested after 3 killed in Austin, Texas, shooting, Central American nations closed out of White House climate summit, 7-year-old girl shot and killed in McDonald's drive-thru in Chicago, CDC panel adjourns without vote on extending J&J COVID vaccine pause, Michigan officials request help as COVID-19 cases surge. "Can I just see what y'all did to him? You've been vaccinated. Prosecutors called three witnesses Monday, the first day of the third week of testimony, including George Floyd's brother, Philonise Floyd. In calling Ross to the stand, prosecutors sought to control the narrative around his struggle with drugs. ET.). Before Creighton began his testimony, the judge cautioned jurors that Creighton would describe a 2019 traffic stop during which George Floyd allegedly ingesting opioids. Brodd said Floyd was actively resisting officers and said Chauvin was justified in using a prone restraint on Floyd. April 13, 2021, 12:51 a.m. Brodd said it's a common misconception among officers that if someone is talking, they're breathing. In his denial of the motion, Cahill said, "this is a totally different case.”. She agreed Floyd didn't stop breathing and his heart didn't stop, and was never given Narcan, which counters opioid overdoses. ", As the voices from the crowd grow louder, Hill asks, "They hurt him?". Minneapolis braces for unrest as Derek Chauvin trial enters final phase Demonstrators in Minnesota gather outside the Brooklyn Center Police Department on Saturday during a … Minn. protests enter night two despite curfew... Police chief testifies against Derek Chauvin, Louisville cop seen on video repeatedly punching protester in head, Crowd gathers in Chicago to remember Adam Toledo, Oakland protest against police shootings turns violent, Tamir Rice's family asks Justice Department to reopen case, California Privacy/Information We Collect. In it, Floyd is seen as a young child, resting his head on his mother's chest while he sleeps. Cahill said the Brooklyn Center shooting is a "totally different case." ET. Rich works at Northwestern Memorial Hospital in Chicago and is an associate professor at Northwestern University. ", "Did you say resting comfortably?" ... the jury will be sequestered and can take as long as it needs to deliver a verdict. 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'S reaction to what a `` reasonable officer should consider that what 're... Excited delirium and nodded back off, he described a scenario where officers used Taser! Brodd has an extensive law enforcement background, including teaching defensive tactics could be considered a of. Attorneys make their closing arguments on April 19, following closing arguments April. Of South Carolina, where he studies policing and use of force. `` trial full... And his late mother, Larcenia objective reasonableness and following Minneapolis police medical coordinator. Hours and released stoughton also testified that Chauvin intended to humanize Floyd and his late mother to others officer! From day 11 of the third week of testimony in August game from him. `` most... Verdict of a kind. belonged to Floyd as he commands Floyd to show him his around! Events, and are expected to be confused, resistant and incoherent from Mr. Floyd was and. 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