Opening statements in Derek Chauvin trial

and the Floyd family comes but in L.A we say no justice no peace no justice no peace no justice no peace no justice no peace no justice no justice no justice no justice no peace no justice no peace okay that's my statement I'm the woman back shortly and then we're from from the Floyd family and we'll take a knee for eight minutes and 46 seconds okay yourself can I just sit on your laptop foreign oh Russia thank you thank you yeah we appreciate you thank you thank you thank you foreign now hey everybody can I send y'all a song can I sing a song can I sing a song and it goes like this this is something about Bill Withers when I wake up in the morning and the sunlight hurts mine when I wake up in the morning and the sunlight hurts mine just wanna look at y'all I knew it was going to be a lovely lovely lovely lovely lovely lovely when I wake up in the morning and the sunlight hurts mine just want to look at you I know it's gonna be black man it's gonna be a lovely lovely lovely lovely when I wake up in the morning and the sunlight thank you thank you everybody connects Bluetooth tomorrow myself foreign before class es anymore yes questions it's like yeah yes yes yes I'm on the right point now yeah number one I'm here okay all right thank you very much we don't know where our staying is a long few days are they going demonstration all right here man just save the same aspects yeah I'm not gonna sit now 300 pounds man once I get down for a long time thank you yeah thank you come on your way all right right behind you is the family can we clear this please can we clear this please here they are right there oh but it's up thank you very much appreciate your cooperation okay am I Antonio um I promise I'm just looking at my cameraman's in there whether he wants me to run out you're gonna jump under the camera that's a good point I would have to find an exit that way there here's a good one but I think he's as long as he's there I don't have to be I just don't know whether they're doing some important words I don't think so they're coming right better yeah come on guys all right we're ready first time good morning I'm Attorney Ben Crump and along with attorney Tony Roman Nucci attorney Chris Stewart attorney Justin Miller and attorney Jeff stalls who hails here from Minneapolis Minnesota we have the honor of representing the family of George Perry Floyd Jr present here with us is my mentor and our civil rights leader Reverend Al Sharpton who's standing with the family of George Floyd assembled here today and there are others who are flying in this morning for what they know would be a loan four-week Justice to jerk in Injustice a four-week journey to Justice we have his cousins uh Sharita take tedra McGee Cara Brown we have his nephew Brandon Williams we have his brother's Rodney Floyd and fallonis Floyd his sister Bridget Floyd is in route and we know just in his daughter Gianna is also here in Minneapolis today starts a landmark trial that would be a referendum on how far America has come in its Quest for equality and justice for all it will be Prima facial evidence this trial of Derek Chauvin regarding the killing of George Floyd on May 25th 2020 right here in Minneapolis it will be Prima facial evidence where the America is going to live up to the Declaration of Independence now I know everybody can quote the Declaration of Independence but this trial is going to provide evidence of whether we really believe it when we say we hold these troops to be self-evident that all men are created equally that they're endowed by their creator with certain and aidenable rights that amongst them are life in Liberty in the pursuit of happiness well America that means black people too America that means George Floyd too and for all of those people Revenue who continue to say that this is such a difficult trial that this is such a hard trial well we rebuke that listen because we know if George Floyd was a white American citizen and he suffered this painful torturous death with a police officer knee on his neck nobody nobody nobody will be saying this is a hard case and when people ask you that activists and the family thanks to activists when people ask you well isn't this a tough case because they're going to try to say George Floyd has a trace amount of drugs in his system you let them know that Ben Crump said that George Floyd was living breathing walking and talking just fine until the police put him face down and put him in handcuffs and put a knee on his neck for eight minutes and 46 seconds so this murder case is not hard when you watch that Torture video of George Floyd y'all understand yeah this murder case is not hard when you watch that Torture video of George Floyd and we have to call it what is it it was torture he even under the Geneva Convention definition this was torture and Derek Chauvin should be held criminally liable for the death of George Floyd you know we the civil lawyers nation and George Floyd family got their Civil Justice under the Seventh Amendment Tony with the historic 27 million dollar settlement that not only included compensation for the family but also policy reform and that is important but that's only part of the Justice George Floyd just like any other citizen his family is deserving of whole Justice For Justice that means that the state in the ages of the government should hold individuals who commit crimes accountable under the Tenth Amendment and black people in America should not only have to get partial Justice we have every right to get whole Justice hold your Civil Justice and criminal justice nobody questioned when the diamond family got a 20 million dollar settlement listen that that white family should not also get criminal justice so why is it that we will question in 2021 whether black people in America can get whole justice as well under the Seventh Amendment and the Tenth Amendment we're not asking for anything extraordinary we're asking for Equal justice under the law and no splash news splash breaking news we expect in just a few minutes you're gonna hear opening arguments and they're going to take the playbook out Reverend Allen they're going to try to assassinate their character of George Floyd for longest they gonna call your brother everything but a child of God and they gonna talk about as much as they can about his record but his record isn't that issue all right because this is the trial of Derek Shelton come on breaking news this is the trial of Derek shelvin let's talk about his record his 19 complaints of excessive points by citizens here in Minneapolis that's what we should be talking about George Ford didn't kill anybody Derek shelvin was the person that killed George Floyd so where is it we will allow them to assassinate the character of George Floyd after they assassinated his person yeah they taught me in law school that if you have the facts on your side then by all means argue the facts but then they said if the facts ain't really with you then try to assassinate your opponent's character as a way to hopefully distract everybody from focusing in on the facts well everybody please do not be distracted the facts are simple what killed George Floyd was an overdose of excessive force the transcript from the autopsies are clear the manner and cause of death was a fixation by homicide felona said in the hood they choked it was a nature and so let's remember the facts here this murder case is not hard just look at the Torture video of George Floyd When anybody asked you remind them this murder case is not hard just look at the Torture video of George Floyd the most viewed murder of a police on a citizen in the history of the world it has been viewed just in over 50 million times on YouTube and probably as many more times on cable television everybody has saw this video what we want to know is where we seek Justice the whole world is watching the whole world is watching so you're going to hear from attorney Tony Roman Nucci attorney Justin Miller an attorney Jeff stars and then you're going to hear from the family of George Floyd and then after that you're going to hear from our civil rights leader American Civil Rights leader Al Sharpton we're trying to time it where we can get it right at 8 minutes and 46 846 and we're going to try to keep time and then remember now after he gives us our call to action we're going to take a knee for eight minutes and 46 seconds and hopefully everybody is within the sound of his voice will join us and taking that need to understand what George Floyd went through the last minutes and seconds of his life without further Ado attorney Tony rominucci A great great lawyer from Chicago Illinois my brother in this truck good morning everybody my name is Antonio romanucci yesterday I said we were on day 306 of George Floyd being killed today is day 307 but it's the first day of justice for the criminal case is my brother Ben Crum said this is a case of Common Sense this is not a case about George Floyd's character this is not a case about George Floyd's past this is the case about what happened on May 25th of 2020. and I will tell you this remember mechanical Association by homicide and that was determined by the two independent medical examiners that we brought to this town to examine George days after he was killed and why we did that because we had to challenge and attack the narrative that Hennepin County had put out that George had died of a fentanyl overdose immediately you could see that that the that their message was for George Floyd when it should have been about Derek showman and we are here to be the messenger for the goodness of George Floyd and what Eric Chavin did on George Floyd that day we're here because Civil Justice we're there towards Civil Justice today criminal justice but I will tell you that we have to message something even more important we have the message change of Lies the Minnesota General Assembly will have an opportunity to change one of the most important laws that we've ever had in this state and that's changing the arbitration Reform Bill we want it named The George Floyd reform arbitration bill we wanted so that if a chief of police fighters of police officers because they lied because they used a reasonable use of course because they were from egregious conduct we want that termination by the chief of police to stand we don't want it overturned by an arbitrator we want the chief of police just like Chief Arredondo did in this case he fired those police officers because they failed to intervene because they didn't try and save George's life when he said I can't breathe just like we're all doing right now we're breathing we don't have to think about it George was begging to breathe that is deserving of termination it's not deserving of an arbitrator to review that termination and overturn we're here in Georgia's spirit because every single day since his death George has sent the message and he's going to send a message in perpetuity we're going to make sure that never ever needless death happens again we're an unrestrained non-violent man a black man killed in the hands of white police officers never happens again thank you very much thank you attorney Robert Nucci and Helen from Atlanta Georgia a person who has been instrumental in helping us achieve that historic uh Civil Justice for the family of George Floyd especially the child of George Floyd my brother attorney Justin Miller who is partners with attorney Chris Stewart morning my name is attorney Justin Miller on behalf of my law partner Chris Stewart who couldn't be here with you today I'll bring you greetings this today is not the trial of George Floyd and I've heard people say that this is the George Floyd trial this is the George Floyd trial George Floyd is not on trial this is the trial of Derrick Chauvin and it should be printed and spoken about that way every single time we talk about it this trial is about America being America for all Americans not just some of us all Americans and it can be that way and it should be that way we have to take time now to think about what we want for our children and for our families this family behind me is suffering we've been suffering since the beginning of this day and they're going to suffer long after all of you have gone and all of us are gone what we want to do and what this trial can do is to make sure that no other families have to suffer in this manner George Floyd was murdered he wasn't killed he didn't die he was murdered and when a man is murdered there should be retribution there's no real Justice in my opinion for a person who was murdered you can never get his life back on his daughter will never get a father back his brothers and sisters and nieces and nephews will never have that person in their life but what we can do is make sure that Justice is served in the courtroom to Derek Chauvin the person who for eight minutes and 46 seconds tortured murdered and killed George Floyd in front of the world for everyone to see you know in the very beginning of this I had to explain to my children why during a pandemic I was flying to Minnesota to talk about and to represent the family of George Floyd and to see their faces their faces to explain to them why America was different for them and why they were going to have to change and understand what was going on 10 years old and seven years old it broke my heart to see their faces after I explained that I don't think another family should have to explain that another father should have to explain that to their children I think that this should be the last time and in that courtroom behind us in Minneapolis Minnesota we can go a long way in making that a reality in the words of a good friend of mine Stephen Jackson who was here in the very beginning of all of this who pushed and kept this case in the Limelight he said Justice for George Floyd and love for all who have love for all love for all who have love for all today we can get some measure adjustments today is the beginning of a new era for Minneapolis Minnesota and for America and also for the world as a whole keep your eyes on Minnesota this is where change is going to start thank you thank you attorney Miller and as I get ready to bring attorney Jeff Stone from Minneapolis uh we are trying to be coordinated we want River now speaking around 8 40 or so and at 8 46 at 8 46 it's symbolic it's a reason then we're going to try to have you all I'll follow his instructions attorney Jeff storms one of the great Minnesota lawyers along with Michelle godo who really helped us achieve the Civil Justice now we're turning to Attorney General Keith Ellison and his team of prosecutors to deliver criminal justice and it's been such an honor to work with you Jeff uh in your native Hometown thank you Pat it's been an honor to work with you as well for too long too many of us have been deliberately and different at least the atrocities that have befallen are black brothers and sisters but today is a landmark moment behind us to show the world that no longer will we be deliberately indifferent to hate through love and power through these leaders through these through these families that have suffered we will all work together to eradicate it in every manner possible and that means both civil and criminal justice and we are all playing a role in that and we thank you all for that so much now we're gonna have his family it's gonna feel emotional for them and you can imagine they're about to have to sit and Sarah do this court proceeding and here they'll talk about the person who they all grew up with in CUNY homes projects of Houston Texas congresswoman Sheila Jackson Lee reminds us that not only is George Floyd family in the Limelight but also the whole cutie home neighborhood all of Black America is in the Limelight as we deal with this Landmark case and his family all of them have been so dignified and graceful in the face of this unimaginable horrific tragedy can you imagine just for a second if that was your loved one who was down on that ground begging I don't think many people can imagine that especially our white brothers and sisters they can't fathom that but just try to imagine that if you can just try to imagine the person who you grew up with the person who looked after you on that ground begging for a breath and that's the last moments of his life on this Earth that's what they're dealing with so we're going to call his brothers to come before you uh for lotus flower Terrence Floyd Rodney Floyd and Brandon Williams and also his cousins are here Tara Brown and Sharita Tate and latitra McGee uh so if the brothers if you all will come forward uh you all represent the legacy of your brother you know we hear from Houston Texas our brothers I inviting Spirituals and and to get her around America you know we represents all of it we are one and he came to Minnesota to better yourself and he had a great he had a lot of great things going like he fell in love with the city he fell in love with the people and he's with the trucker's food and um you know Minnesota offered so much to him and so yeah so George Floyd for yourself and unfortunately y'all seen the video they've left in 46 seconds do not be entertained by the lot that they're going to throw out on us he was killed in the streets he came to Memphis to make a better way for himself then foreign they can't sweep this under the road George flowing philando Castile they were all killed by officers that were Smalling to protect them many others who I can't name is so many throughout America but one thing I can tell you we will get Justice we will not allow Derrick showman Tao and his crew to be the judge the prosecutor and the execute all right if we can't get Justice for a black man here an American pellet we will get Justice everywhere else in America this is a starting point this is not a finishing point we will be around the world to get justice for all others meaning in Brazil London Ghana anywhere we have to go to because the shade of your skin should be adjusted America is watching just like this press mini shows caught TV they will display everything just like when this man had his knee on my brother's neck for eight minutes and 46 seconds it was the most incentive picture everybody's seen you had to be blind if you didn't see it a blind man heard a man being tortured to death thank y'all now Brandon Williams his nephew who was like a son to him it's never easy but I think I can speak for us all when I say that this trip was a lot easier he came in for one thing and one thing only we came to get Justice right and nothing less we came to get Justice May 25th they're saying my office I lay on the ground not resisting arrest calling for his mother with a knee on this net for eight minutes and 46 seconds never ever did no one think Teresa ate to say hey maybe this guy's telling the truth he really can't breathe so as being said if this crowd is hard we got two Justice systems in America one for White America and one for black Americans and we can't have it yeah it's changed as long as we're doing this country can go all the way back to Roger team s my uncle said a blind man can see this that's um a blind man gets you that that was murdered now that despite anything that they say about my offer that was murdered so either they wouldn't trained and qualified to do their job or they intended on taking his life either way Justice garage this whole trial that's one word that you'll hear me and my family say a lot Justice somebody needs to be held accountable your son you mean to tell me if he didn't encounter they show up in that day that he would have still died anybody out here standing here today believe that the problem in America yes sir a problem that needs to be addressed and address today you know we can't get George Floyd but but what we can do is make sure that no family feels this pain and suffering that we feel this daughter won't have a father in her life Brothers won't have a big brother to love and protect him the way that he did somebody needs to be held account yes sir and we're gonna demand that thank you and uh the last brother you will hear from uh has from New York that's Terence flawed foreign Bell I actually lived around the corner from where he got shot and I was actually asleep and I heard the gunshots and when I woke up in the morning everybody would say what had happened around the corner you know and um and I I have friends I have friends that went to school you know so to see that no justice in that in that situation it may be furious then you got then you came to New York you came with uh every gun we watch that even more free but it's just it it hit different right now because we used to be on the other side of the fence you know that was my that was my brother and and it just it just feels very different to to just sit there and watch the video and I've watched it numerous times and some people say why are you doing that to yourself why are you doing that to yourself because just like a person has a voicemail and they they lose a loved one but they call that voicemail just to hear their voice I was watching the video not to not to discuss myself or give myself Furious that was the last time I could hear his voice you know so I watched I watched I watched it every time I watched it it seemed like it just got me it made me made me strong because I knew yeah they they murdered him but we still Floyd strong but we still here so we're gonna hold it down for him you know I'm saying and they say trust the system they want us to trust the system well this is your chance to show us that we can trust you thank you thank you Terence uh and to all his family and sister Bridget uh and his daughter Gianna and everybody his sister Latonya his sister Jaja and the whole Floyd family thank you all for being dignified and graceful in your fight for justice you know America this is the opportunity this is the opportunity last night our national civil rights leader a person who's been with the family since the beginning Reverend Al Sharpton the National Action Network had a prep visual Justin Miller because they understood that we needed to pray for this family but also we needed to pray for America because this is a similar moment a landmark moment right in American history and so we need to pray that America can live up to his high ideals we need to pray that America can continue to be the Beacon of Hope and justice for all the world to Marvel because the whole world is watching in America we so desperately want to believe that marginalized people of color will get the same constitutional rights as all other American citizens enjoy but historically we have not seen that America that has not been our reality so George Floyd galvanized cities all across America and all across the world when that video that video of torture was viewed millions and millions of times so America this is the moment this is the moment to show the rest of the world that you are the standard Fair when it comes to liberty and justice for all the whole world is watching the whole world is watching the whole world is watching and so it's be fitting inappropriate that we will have our civil rights leader today for America my mentor one of our co-counselors even though he's not a lawyer that man who answers the Bell all the way from Sean Bell and Rodney King attorney ramonucci all the way up to Ahmad Aubry Brianna Taylor Jacob Blake Jr Anthony McLean Andre Hill I mean I'm just talking about black people who were killed by police in 2020. I ain't talking about Trayvon and Mike Brown and you know Sandra Bland and Alton Sterling I'm just even here in 2020. think about how many hashtags were created during the covid-19 pandemic with everything was shut down in America seems like Rachel accept implicit bias and police brutality so that's why we need his moral leadership now more than ever the Reverend Al Sharpton thank you I'll turn the Crump let me say that last May when this nation and world witness a mention by me George Floyd we are here to see the case of a man that used to be dementia man and then blame the man for the legend first of all what was George Floyd being even approached for by police that would warrant you using the force that you use what was the reason that he was apprehended in the way he was apprehended and why is the attempt being made by the defense to talk about what was the stimulants that may have been in George Floyd what would be the stimulant that would make a man hold his knee on a man's neck for eight minutes and 46 seconds yeah I have asked people around the world to join us today at 8 46 in a few minutes the family and attorneys are now going to take a knee for eight minutes and 46 seconds when I did the eulogy here in Minneapolis of George Floyd and we had people stand that long people tweeted all over the world after three minutes they were tired all right what kind of venomen what kind of hatred do you have that would make you keep pressing down that long while a man is begging for his life while a man is asking for his mother at what point does your Humanity kick in at what point does the letter of the law kick in at what point do you say wait a minute the guidelines kick in this was not eight seconds this was not a flash of anger it became intentional and deliberate all right and Justice must be intentional and deliberate in this courthouse so just like we came last year to be with this family we told them we'd be here to the end and we will be in and out until the end and we want it to end for justice but make no mistake about it statement is in the courtroom but America is on trial then America's on trial to see if we have gotten to the place where we can hold police accountable if they break the law the law is for everybody policemen are not above the law policemen are subject to the law and that's what's going on in this courtroom and that's why we're here the other thing that we are dealing with is that there is a law that has already passed the House of Representatives called The George Floyd Justice in policing act it is now headed into the Senate we are asking the Senate to pass that law so that the federal law can be there to prevent George Floyd's from happening again we stand with this family in the shadows of this Courthouse to say there's a jury in here and there's a jury in the U.S Senate and the U.S Senate need to make federal law in the name of George Floyd that would deal with all of this that would supersede the state laws that give Escape Routes to policemen I was in the room in Houston Texas where then candidate Joe Biden met with this family and promised that if he became president he would fight for justice he has supported this bill Mr President Madam vice president Majority Leader Schumer they're going in this courtroom having faith in a system that has been broken for Eric Garner whose mother's here that's been broken for Purdue whose family's here that's been broken for others we will stand up with dignity with this family we need the Senate to stand up for dignity with the people in this country make no mistake about it there were videos before all right yes sir and you didn't give us Justice it was a video with Rodney King and they went to straight court and let those Police become acquitted there's a video there in Garner never got to court you have the opportunity to make it right this time and make it right for the country you will never be able to bring this family's brother back you will never fill that hole but you can in his name stop this from continuing to happen over and over again and let me say to all of those that have marched down through the last several months many with us many on their own white black old young doesn't matter the intergenerational interracial communities that have marched is the reason we're in this courtroom it was the reason that there is even a shot at Justice and we thank them for marching are we at 8 46. so we've got 30 seconds let us prepare to take a knee and we will take it or need for eight minutes and 46 seconds and we want you to think up during that time wide shape didn't in that time get his knee up down in the front now relax man Down Still photographer down guys one key shot didn't move that is in the job Brad come on still photographers are standing up can you get out of the shot good pictures thank you I know you're listening all the way though two minutes two minutes I'm tired already get out of there three minutes right there there is here just imagine and remember when Colin Kaepernick nailed America got outrageous but Colin didn't kill nobody um oh thank you it's five minutes trying to think six minutes six minutes 46 seconds seven minutes foreign red jacket that jacket damn it that gave you an idea of how long shaving hands George Floyd down down it had to be intentional that's the case we make with that taken underneath the family goes in this court Seeking Justice for All of Us in America let us pause in a minute of prayer as we prepare to meet the family decide for these deliberations let us pray it's sadness foreign that this was intentional I made just think about how intentional we had to be to stay down there for eight minutes and 46 seconds and just how it is intentional for people to do evil it is intentional for people to do good and so we want to thank the activists that leaders and the city leadership mayor fry council president Bender vice president Jenkins councilman Ellison and others who were intentional in trying to right this wrong because George Floyd life matters black lives matter and Justice matters so let's be intentional in achieving Justice today I'm sorry we can try the justice system well right now this is a referendum if we're going to continue to have two Justice systems in America one for white American one for Black America their goal today is equal justice for the United States of America well I think as his brother felona said he is optimistic that we will get Justice For Justice we've gotten Civil Justice under the Seventh Amendment now we're looking to the Tenth Amendment state Powers the state of Minnesota has the authority to hold criminals accountable for committing criminal acts you can't look at that video and say that wasn't a criminal act that killed George Floyd and so the only question that remained can black people in America get full Justice and not just partial Justice is done yes sir out here okay all right thank you foreign say your name nothing all about great person for the city in our city when it's when it's when it's time to get on this camera they're gonna show up when it's time they turn it down other cases because for those who are seeing the bodies on the North side for us they're seeing the bodies on the south side for us that's in these streets when the body before we cleaned up and the police laughing for that much Tony Trump .com this morning and I believe uh Mr Frank are you gonna argue that we had a good idea to move the podium but for now it's a longer I apologize right we filed this motion um just to clarify some points particularly in light of opening statements the Court's ruling we thought uh you know was clear and we understood it but I just wanted to make sure that in opening statements the parties stick to the Court's ruling as well so that something isn't said as contrary to the Court's ruling and you know could be heard and by the jurors so we're really I think our motion is self-explanatory the the statements about Mr Floyd have to be based on the objective reasonableness standard rather than the subjective intentions of Mr Floyd and and reasonable officers uh analysis of that situation that's the relevant is an example of what you think should not be said that Mr Floyd was trying or wanted to resist arrest that he was trying to um fight with the officers intentionally that he was um faking or malingering his medical distress those are the types of things that relate directly to his subjective state of mind right and we've written our motion um in a way that you know we realize those strictures apply to both parties you know we acknowledge that certainly but it's really to clarify what we see as a potential problem with opening statements and so I think it's rather self-explanatory wanted to bring it to the Court's attention so we could deal with it here this morning and just be clear about it and the other part of that being as far as um Mr chauvin's intent or knowledge or vis-a-vis that policy that you attach to your motion right again it's an objective officer standard about um his perceptions uh and how they would be dealt with by an objective officer what he intends to do right is relevant in turn because of course there is an assault charge and other intent are is an element of some of these crimes and so his intent is relevant but it's his conduct is still judged by an objective reasonable standard content did you know say anything you want to add no yeah I mean I essentially agree as long as we can hold on yeah okay go ahead again stating the objective observations of the police officers and of the people who were there I don't have an issue with that it's I agree that I've heard the Court's ruling of Mr Floyd's subjective internal process is off limits sorry um and maybe I can give an example because like most of the judges on this bench I'm fairly strict regarding no argument in opening as far as Mr Floyd obviously description of appearances I think even to the point of saying he appeared to not being complying I think that's permissible because someone will testify to that but they cannot say he was resisting he was especially in opening uh those are conclusions those are inferences drawn from his behavior so when Witnesses are testifying expect that they will talk about what they observed as far as appearances sometimes it has to lapse into it appeared to be resistance or non-compliance but to say that he was is an inference from the behavior I know this is a fine line but just so you know kind of where I would draw it as far as Mr Chauvin at the scene there's this policy in place certainly is permissible in opening to talk about the policy and how an officer on the scene has to file this policy make an assessment I think if you get to the point of saying the word should is where you get into inferences for example if an opening you were to say Mr Chauvin should have made this evaluation that's argument but to say this is the policy this is what every officer on the scene should do that I think is objective and it is uh and then you can talk about the behaviors on the scene it sounds like I'm splitting hairs a little too thinly but I think you kind of get my the gist of it uh any inferences you draw uh are argumentative and so that shouldn't be done but the description of the policies that were in place that found any officers out on the street be sliding to an arrest all that is appropriate in opening and as far as testimony anybody need any clarification beyond that okay a couple things we are going to try and stick as much as we can to the 9 to 9 30 is going to be to argue any legal issues that come up because invariably legal issues come up um I don't want to move up too much the jury start time because of the process of getting here into the building is a little complicated so I prefer that we continue with the nine o'clock plus we will go to 12 30 each day in the morning and if you do the calculations between our argument on legal issues from 9 to 9 30 and that with our 20-minute break that allows for essentially two hour and a half blocks of time in the morning and in the afternoon obviously I'll tell the jury that we'll be going generally from 1 30 to 4 30. possibly five o'clock um if it's possible to keep a witness from having to come back the next day I would prefer to go later in the day than to have them come back the next day but we can talk about that and we can have Chambers conferences generally uh I'll be here by 8 30 at least by 8 45 if you just want to have a Chambers conference about logistics nothing substantive on the record so I'll be here if you want to come back at that time uh during the daily schedule other than that since we have our jury waiting um we might start today at 9 15. now having said I want to stick at 9 30. since we have all 15 we're going to be cutting one loose I think we can get started around more 9 15 but I'll give you all a break until let's say 9 20. and then we'll see if we can get the jury set and get rolling all right we're in recently foreign all lives matter where black lives matter then black lives matter to defense it is our duty to fight for our people Sanders thank you black lives matters shut it down George Floyd George Floyd now please come on foreign foreign hello foreign foreign foreign foreign foreign foreign I'm not here okay oh oh yeah find it yeah yeah thank you okay I'm sorry tomorrow this other testimony in light of all the other evidence and any other factors that bear on the question of believability and credibility in the last analysis you should rely on your own experience good judgment and Common Sense now you have been given notepads so that you may take notes during the trial you should not however feel required to do so the most important thing is that you give full attention to the testimony as you hear it now to protect the privacy of your notes I would suggest you write your random juror number which we will keep the same and put that on the first sheet and then begin taking notes on the second sheet we also have extra pads if you run out of space now we will collect and keep your notes secure at the end of each day so you can leave them on the chair during breaks and at the end of the day at the end of the end of the trial you will be allowed to take your notes with you into deliberation and I will instruct you further regarding the use of those notes at the end of the trial keep in mind also that I cannot give you a trial transcript at the end of the trial no such transcript can be prepared for your deliberation we count on the jury to rely on its Collective memory and the exhibit submitted to you now during the trial an objection may be made to some evidence and I may sustain or overrule the objection if I sustain the objection it means that the question may not be answered in that case you should simply ignore the question and any answer that might have been given if no answer was given before the objection was made you should not speculate about what the possible answer might have been similarly if I instruct you during the trial to disregard some statement that a witness or attorney has made then you must disregard it if I overrule the objection it means that the question may be answered in that case you should treat the answer like any other answer similarly if an exhibit is received despite an objection you should treat that exhibit like any other evidence from time to time during the trial the attorneys will need to discuss issues of law or scheduling matters with me if these discussions are brief the lawyers and I will use the wireless headsets while the white noise is on if the discussions are lengthier I may take a recess please understand we are not attempting to conceal anything from you which it is necessary for you to hear I ask that you be patient when we have these discussions even though they may interrupt the case and just as an aside we are scheduled to have the time between 8 30 and 9 30 every morning set aside for the lawyers to argue legal issues so hopefully we can handle most of that before we start again at 9 30 each morning no when I turn on the white noise that's your indication that the conversation is not for you so please do not attempt to listen in and please come to order when I turn the White Noise off and I'm also giving that instructions to anyone who's a spectator here the white noise is a private conversation usually about scheduling nothing exciting between me and the attorneys you can use that opportunity however if you'd like to stand up stretch talk to your neighbor but if you could make sure you don't uh there's a piece of black tape in front of you please don't cross that line we've taken great uh care to make sure you are never on camera and so as long as you stay behind that black line and even stretching the aisle between you should be just fine now the cameras have been angled so that as I said you'll never appear on video to assist an after that cross the black tape and when entering and departing from the courtroom please use the aisle between the two rows of seats and do not get out of your seat until the deputy is at the door waiting to escort you back to the other room now there are things you should not do during this trial as I said during jury selection you are not investigators you're not going to do any looking and you're not to ask people about this matter you are not to use the internet to look for information about this case or about the law you should avoid all news if possible but at the very least you should avoid media coverage of this case remember you must not talk to anyone who's involved in the case the attorneys the witnesses or spectators do not be offended if they do not speak to you they know that it would be improper to contact you during trial and they'll confine themselves to a brief greeting you should not discuss the case among yourselves at the end of the trial you will have as much time as you need to discuss it but that is at the end and not during the trial you can talk to each other just don't talk about the case when you go home during the trial family and friends will be curious as to what you're doing you may tell them you are sitting as a juror in a criminal case and that is all you should tell them I have to be realistic and tell you that you can tell your immediate family in your household what you are doing because they will probably have figured it out by now but in any case feel free to share with them but no one else as I stated before since this is all you should tell family and friends that is all you should tell the general public so during trial please refrain from using Facebook or Twitter or any other social media to comment on this trial you may access such internet apps and tools but please do not publish any information about this case or your thoughts about this case please avoid news coverage as I said about this case whether it's on in newspapers radio television social media or any other media please disable any new news feeds that might show up on your social media accounts that might report on this case as I told you during jury selection this case is being televised but you will not be shown on video now there are certain things you should do during trial first of all is to be on time to report for court we cannot begin unless every participant is present and while waiting for a court to begin please wait in the other courtroom until one of my clerks or sheriff's deputy brings you into this courtroom as I've said the time that we have set aside for the lawyers and I to discuss lead issues from 8 30 to 9 30 means that we'll start with you at about 9 30 every morning nevertheless there still might be unexpected delays uh we'll do our best to keep on the schedule and generally we will go from with the jury from 9 30 to 12 30 with a 20-minute mid-morning break and we'll take your orders for lunch because we will be providing you lunch throughout Court will usually start again at 1 30 or 2 p.m and go until about 4 30 or 5 p.m with a 20 minute mid-morning or mid afternoon break to some extent this may seem leisurely but before and after court and during the breaks the attorneys are preparing for the next session of court please turn off all electronic devices such as cell phones and computers wild cord is in session you may use such devices outside this courtroom when you are on a break but please remember to turn them off while in this courtroom I will allow you to bring water coffee or other beverages with you during the trial but to keep noisy distractions to a minimum please open any containers before we resume court and that while evidence is being taken now if a problem should arise during trial or You observe what you believe might be in proper conduct and you need to bring this to my attention please contact my clerk or one of the deputies they will communicate your concerns to me and we will do our best to handle the situation make a mental note of the seat which you are sitting right now and please keep that seat throughout the trial we will begin with opening statements in the opening statements the attorneys May describe for you what they believe the evidence in this case will be evidence is what the witnesses say and any exhibits submitted to you what the attorneys say however is not evidence anything shown to you in opening statements is also not evidence unless and until it is actually received in evidence during the trial you should keep an open mind about all the evidence until the end of the trial until you have heard the final arguments of the attorneys and until I have instructed you on the law it goes without saying that this case is important to all the participants and you should give your undivided attention to this case while trial is in session I thank you in advance for your service and taking on your role as jurors you provide an important and Central service in the administration of justice Mr Blackwell the US Open you may proceed may I please the court Council ladies and gentlemen of the jury good morning my name is Jerry Blackwell and I apologize for talking to you through this Plexiglas but it's probably the least of the gifts that the pandemic has given us you're going to learn in this case a lot about what it means to be a public servant and to have the honor of wearing this badge it's a small badge that carries with it a large responsibility and a large accountability to the public what does it stand for it represents the very motto of the Minneapolis Police Department to protect with courage to serve with compassion but it also represents the essence of the Minneapolis Police Department approach to the use of force against its citizens when appropriate the sanctity a sanctity of life and the protection of the public shall be the cornerstones of the Minneapolis Police Department's use of force compassion sanctity of life cornerstones and that little badge is worn right over the officer's heart but you're also going to learn that the officers take an oath when they become police officers they take an oath that I will enforce the law courteously and appropriately and as you will learn as applies to this case never employing a necessary force or violence and not only that I recognize the badge of my office as a symbol of public faith and I accept it as a public trust to be held so long as I am true to the ethics of Police Service symbol of public faith ethics 2 Police Service sanctity of Life all of this matters tremendously to this case because you will learn that on May 25th of 2020 Mr Derek Chavin betrayed this badge when he used excessive and unreasonable Force upon the body of Mr George Floyd that he put his knees upon his neck and his back grinding and crushing him until the very breath no ladies and gentlemen until the very life were squeezed out of them you will learn that he was well aware that Mr Floyd was unarmed that Mr Floyd had not threatened anyone that Mr Floyd was in handcuffs he was completely in the control of the police he was defenseless you will learn what happened and that 9 minutes and 29 seconds the most important numbers you would hear in this trial at nine two nine what happened in those 9 minutes and 29 seconds when Mr Derek shopping was applying this excessive force to the body of Mr George Floyd we have two objectives in this trial ladies and gentlemen the first objective is to give Mr Chavin a fair trial Mr shaman has a presumption of innocence he is presumed to be innocent until proven guilty we plan to prove to you beyond a reasonable doubt that Mr Shaban was anything other than innocent on May 25th of 2020. and a second objective ladies and gentlemen is to bring you the evidence which I'm trying to preview uh this morning we are bringing this case this prosecution against Mr Chavin for the excessive force that applied unto body of Mr George Floyd for engaging in behavior that was imminently dangerous in the force that he applied without regard for its impact on the life of Mr George Floyd so let's begin by focusing then on what we will learn about this 9 minutes and 29 seconds and you will be able to hear Mr Floyd saying please I can't breathe please man please in this nine minutes and 29 seconds you will see that it's Mr Floyd is handcuffed there on the ground he is verbalizing 27 times you will hear in the four minutes and 45 seconds I can't breathe please I can't breathe you will see that Mr Chavin is kneeling a Mr Floyd's neck and back he has one knee on his neck and the knee on this back is intermittently off and on his back as you'll be able to see for yourself in the the video footage you will hear Mr Floyd as he's crying out you hear him at some point cry out for his mother when he's being squeezed there's very close to his mother you will learn you would hear him saying tell my kids I love them uh you will hear him say about this fear of dying he says I'll probably die this way I'm through I'm through they're gonna kill me they're gonna kill me man you will hear him crying out and you will hear him cry out in pain my stomach hurts my neck hurts everything hurts uh you'll hear that for yourself please I can't breathe please your knee on my neck uh you will hear it and you'll see at the same time while he's crying out Mr Chavin never moves the knee remains on his neck sunglasses remain undisturbed on his head and it just goes on you will hear his final words when he says I can't breathe before that time you'll hear his voice get heavier you will hear his words further apart you will see that his respiration gets shallower and shallower and finally stops when he speaks his last words I can't breathe and once we have his final words you'll see that for roughly 53 seconds he is completely silent and virtually motionless with just sporadic movements you're going to learn those sporadic movements that matter greatly in this case because what they reflect uh Mr Floyd was no longer breathing when he's making these uh movements you will learn about something in this case called an anoxic seizure it is the body's automatic reflex when breathing has stopped due to oxygen deprivation we'll be able to point out to you when you'll see the involuntary movements from Mr Floyd that are part of the noxic seizure not only that you're going to learn about something that's called agonal breathing when the heart has stopped when blood is no longer coursing through the veins you will hear the body gasp as an involuntary reflex we'll point out to you uh when Mr Floyd is having the agonal breathing again as a reflex involuntary reflex to the oxygen uh deprivation so we learned here that Mr Floyd at some point is completely passed out Mr Chavin continues on as he had knee on the neck knee on the back you'll see he's just not let up that he does not get up for the remaining as you can see three minutes and 51 seconds during this period of time you will learn that Mr Chavin is told that they can't even find the pulse of Mr Floyd you'll learn he's told that twice they can't even find a pulse you'll be able to see for yourself what he does in response you will see baby does not let up and it does not get up even when Mr Floyd does not even have a pulse it continues on it continues on ladies and gentlemen even after the ambulance arrives on the scene the ambulance is there and you'll be able to see for yourself what Mr Shaman is doing when the ambulance is there you can compare you'll be able to compare how he looks in this Photograph to how he looked in the first four minutes and 45 seconds same position doesn't let up and you'll see he doesn't get up the paramedic from the ambulance comes over you'll be able to see this in the video he checks Mr Floyd for a pulse he has to check him for a pulse you'll see with Mr Chavin continuing to remain on his body at the same time doesn't get up even when the paramedic comes to check for a pulse and doesn't find one Mr Chavin doesn't get up you will see that the paramedics have taken the gurney out of the ambulance have rolled it over next to the body of Mr Floyd and you'll be able to see Mr Shaman still does not let up doesn't get up and you will see it wasn't until such time ends they start they want to move the lifeless body of George Floyd onto the gurney only then that's Mr Chavin let up and get up and you'll see him drag Mr Floyd's body and unceremoniously casted onto the gurney and that was for a total of four minutes and 44 seconds you can see here that for the first four minutes and 45 seconds you'll learn that Mr Floyd was calling out crying for his life and ladies and gentlemen not just Mr Floyd you're going to hear and see that there were any number of bystanders who were there who are also calling out to let up and get up such that Mr Floyd to be able to breathe and to maintain and to sustain his life but then for the remaining four minutes and 44 seconds Mr Floyd was either unconscious Breathless or pulses and the compression the squeezing the grinding went on just the same for the total of 9 minutes and 29 seconds you're going to learn in this case quite a lot about the Minneapolis Police Department's use of force policy what you're going to see and learn a lot about is what is the standard for applying Force against individuals the use of force policy you learn that Minneapolis Police Department employee shall only use the amount of force that is objectively reasonable in light of the facts and circumstances the force used shall be consistent with current Minneapolis Police Department training what you learn ladies and gentlemen is that the use of force must be evaluated from one moment to the next moment from moment to moment what may be reasonable in the first minute may not be reasonable in the second minute the fourth minute or the ninth minute and 29 seconds that it has to be evaluated from moment to moment you'll also learn that the Minneapolis Police are precluded not allowed to use any more force that is necessary to bring a person under their control they can't use any more restraint than is necessary you're going to meet an expert his name is Jody Steger he's a Los Angeles Police Department sergeant and a use of force expert he's going to tell you that the force that Mr Chavin was using was Lethal Force it was forced that was capable of killing a human or putting his or her life in danger the evidence is going to show you that there was no cause in the first place to use lethal Force against a man who was defenseless who was handcuffed who was not resisting that there's no cause to use that force in the first place you got to hear from Minneapolis Police Sergeant David plieger who's going to come and talk with you he is going he was the officer on the scene so he arrived at the scene after this took place he is going to tell you that the force against Mr Floyd should have ended as soon as they put him on the ground in the first place meaning that the 929 should not have been uh even a one much less than 9 29. and that went on for way too long he will tell you in terms of the restraint on the ground and the manner of their strength for Mr Floyd you're also going to learn about another very important policy in the Minneapolis Police Department that's a core principle of policing you will hear this phrase that police have to live by in terms of how it is they relate to the public in your custody is in your care in your custody is in your care meaning that if you as an officer have an individual a subject that's in your custody it is your duty to care for that person and you will learn the caring ladies and gentlemen is not a Feeling it's a verb it's something you're supposed to do to provide care for that person you are going to hear from the Indian I'm a police officers who will talk about this duty to provide care officer Nicole McKenzie who is the Minneapolis Police Department medical support coordinator you'll hear from Sergeant care yang the MPD Crisis Intervention coordinator in your custody is in your care you're going to learn that when Mr Floyd was unconscious that when he was Breathless when he did not have a pulse that there was a duty to have administered care to let up and get up you will learn you listen to Minneapolis Police Commander Katie Blackwell no relation to my knowledge but you will hear from Katie Blackwell and she's going to tell you about the training that Mr Chavin received you're going to hear that he was a veteran on the Minneapolis Police Department for 19 years have been trained in CPR multiple times at the time and you'll be able to see for yourself that when Mr Floyd was in distress Mr Shaban wouldn't help him didn't help him but you also got to see that he stopped everybody else for being able to help you will learn that amongst the bystanders was a first responder a member of the Minneapolis Fire Department who was trained in administering first aid and emergency care she's going to come and talk with you her name is Genevieve Hanson she wanted to check his pulse she wanted to check on Mr Floyd's well-being she wanted him to let up and get up she did her best to intervene to be able to act to intercede on George Floyd's behalf and you'll be able to see for yourself when she approached Mr Chavin on top of George Floyd with both of his knees reached for his mace in his belt and pointed in her Direction so she couldn't help she'll come and talk with you about that experience now you're going to learn that in the aftermath of this that Mr Shaman's last day of employment with the Minneapolis Police Department was on May 26th of 2020. the Minneapolis chief of police chief Arredondo is going to come here to talk with you he was the police chief at the time he's the chief today he is going to tell you that Mr chavin's conduct was not consistent with Minneapolis Police Department training was not consistent with Minneapolis Police Department policy was not reflective of the Minneapolis Police Department he will not mince any words he's very clear he'd be very decisive that this was excessive force so ultimately ladies and gentlemen what was this all about in the first place well you're going to learn that it was about a counterfeit twenty dollar bill used at a convenience store that's all you will not hear any evidence that Mr Floyd knew that it was fake or did it on purpose you will learn from Witnesses we will call that the police officers could have written him a ticket and let the court sort it out you will learn that even if you did it on purpose it was a minor offense a misdemeanor so in terms of the charges that we are bringing we're going to prove to you that Mr chavin's conduct was a substantial cause of Mr Floyd's death we've charged him with murder in the second degree murder in the third degree and manslaughter for using excessive force against George Floyd you will learn that the use of excessive and reasonable Force against the citizen is an assault in this case we will show you that this was an assault that contributed to taking his life and assault we're going to show you that putting knees on somebody's neck Mr Floyd's putting a knee on his back for 9 minutes and 29 seconds was inhibitly dangerous activity and he did it without regard to what impact it had on Mr Floyd's life we're going to show you that also putting him uh on the ground we call that the prone position on your stomach face down putting him in the prone position handcuffed like this in the first place was uncalled for and was an excessive use of force let alone for nine minutes and 29 seconds now how are we going to prove these charges we're going to prove it ladies and gentlemen first and foremost by witness testimony uh we're going to bring in some of those bystanders that I've referred to normal folks that tell you what they saw they'll tell you why they stop they'll tell you why they were concerned they'll tell you from that witness chair we'll bring them in here uh you're going to hear from any number of police officers responsible for training uh responsible for what the officers learn around first aid coming to the care of others we'll bring in a number of police officers including the chief of police but we're also going to bring in various professionals and experts medical experts experts in police conduct you're going to meet any number of them you'll have here a forensic pathologist Dr Thomas who studies the tissues of the deceased as a as a forensic pathologist to determine the cause of matter of death you're going to hear from a pulmonologist Dr Tobin he's a lung specialist cardiologist heart specialist critical care physicians emergency medicine physicians Internal Medicine and also from from toxicology we're also going to bring in the court Dr Andrew Baker who's the Hennepin County Medical Examiner who will tell you about what he found so we'll also bring him in but we'll also bring in experts who will prove that the use of force here was not reasonable I mentioned earlier Jody Steger chief of staff for the Inspector General LA Police Department and Seth Stout you'll hear from both of them foreign a few minutes talking to you about what this case is about there are any number of things that this case is not about maybe an infinite number of things the case isn't about but one of those things that this case is not about all police are all policing you will learn from Chief Arredondo when he comes that police officers have difficult jobs they have to make Split Second decisions they sometimes have to make Split Second life and death decisions in this trial you're going to meet any number of the men and women from the Minneapolis Police Department who do a fantastic job they're committed take very seriously preserving the sanctity of life I mentioned already Commander Katie Blackwell Sergeant Kerry Yang officer Nicole McKenzie to name a few this case is about Mr Derek Chavin and not about any of those men and women and it's not about all policing at all in this case is not about split-second decision making in 9 minutes and 29 seconds there are 479 seconds not a split second a month that's what this case is about you are going to hear from one of the bystanders Charles McMillan and Charles McMillan is going to talk to you about the excessive force that he saw Mr Chavin displaying on May 25th and he will tell you what he experienced in the way that Mr Chavin looked at him and the other bystanders who were calling off a Mr Floyd's life he will tell you what he saw in terms of Mr chave and never letting out for getting up on his body be able to observe Mr chavan's body language for yourself in the video and determine what that language says to you so I'm going to show you in a moment one of the videos that you're going to see in this trial just to kind of tee up for you what will be the essence of what we will be focused on in the trial uh I need to tell you ahead ahead of time that the video is graphic that it can be difficult uh to watch it assembled the nature of what we're dealing with in this trial ladies and gentlemen you're going to see any number of videos from the police officers who had body worn cameras on but you're also going to see videos from uh the bystanders normal folks device standards you want to see these bystanders a veritable bouquet of humanity these bystanders you'll see here a little girl who's wearing a green shirt on the right uh with the words love on the green shirt I won't say her name now because she's a minor but she is going to come and talk with you about what she saw next to her in the blue pants is her cousin who at the time was also a minor so I won't tell you her name but she's also going to come in and talk to you cousin was taking the younger one to Cup Foods to be able to pick up candy and snacks when they came upon what was happening with Mr Chavin and Mr Floyd on the ground next to uh the uh the young woman in the blue pants is Genevieve Hansen the first responder who tried to intervene to check his faults in the check on Mr Floyd she's going to come and testify to you next to her is a young man named Donald Williams trained the security background he's also trained in mixed martial arts who was very excited and alarmed about what he saw in the exchange between Mr Chava on top of George Floyd he's going to come in and testify to you so any number of these bystanders others also will be coming in uh to talk with you and so they come from the broad spectrum of humanity uh different races different genders you have older people younger people but you will see that what they all had in common is they were going about their business is that they saw something that was shocking to them that was disturbing to them and it made them stop and take note stop and take note they tried to First you will learn when you meet them to intercede on what was happening with their voices uh they tried to interject to exhort to please stop to try to get into what we call good trouble just with their voices because something there was concerning to them and when that didn't work you can see any number of them pulled out their cameras to document what was happening such that it would be memorialized such that it would not be misrepresented such that it could not be forgotten what we'll see this morning will be the the footage taken from one of these bystanders in just a moment and you will learn uh with respect to these bystanders that none of them knew who George Floyd was they didn't know his history they didn't know anything about it all they knew was They Came Upon an individual that they saw was in some serious distress under the knees of Mr Chavin and it alarmed them let me show you what the scene looks like just briefly here in Minneapolis this takes place at the intersection of Chicago Avenue and 38th Street at Cup Foods if you can see the image of a squad car on Chicago Avenue that is ultimately where Mr Floyd was being restrained on the ground under the knees I missed a shot we will spend quite a bit more time with this map during the trial but just for now I just wanted to try to set the stage for what you're going to see so with that I'm going to show you the video evidence the video evidence I think would be very helpful and meaningful to you because you can see it for yourself without lawyer talk lawyer spent lawyer anything you can see it for yourself come on eat on the ground please I can't breathe please man please oh my God well you got him down man that didn't breathe man I've been trying to hear about it I'm about to die to sleep relax man can't breathe my place let's get up what do you want I can breathe please please I can appreciate bro get up get in the car man I will get up get in the car don't get in the car I'm okay get your opportunity to get in bruh you can't win my man you came in man I'm through it I know you're here my stomach hurts but Lakers they're there to water something please please shut up his nose is bleeding like come on look at his nose be better I cannot breathe you use the girl yeah his whole nosy how long I gotta hold him down right he is human bruh that's some bum ass brosu move bro you try you trapped him he's breathing right there bro like you don't think that what it is bro you don't think nobody understands that right there bro I train at the Academy bro that's some bro right that's bro that's bro you stopping he's breathing right there bro you could get them off the ground you being a bum right now he enjoying that he enjoying that he enjoying that he'll bum bro he enjoying that right now bro you could have put him in the car by now bro he's not resisting the rest or nothing now you enjoying it look at you your body language explains in your bum you know that's bogus right now bro you know he's broken you can't even look at me like a man cause you're a bum bro he's not even resisting arrest right now his nose is bleeding you stopping he's breathing right now bro you think that's cool you think that's cool though what's your name what's your oh man what's your badge number bro you think that's cool right now bro you think that's cool though bro you're a bum bro you're you're a bum for that you're a bum for that bro you can't you getting mad you're just sitting there stopping he's breathing right now go out right now bro he got made get over here no first of all right now look at him right now he's not responsive right now bro yes is he breathing right now check his pulse okay check his pulse Kyle check his clothes bro Brogan don't do drugs bro what is that what do you think that is you so you call what he doing okay get back here doing okay you call you Call what you do you call what are you doing okay bro you think that's okay the man ain't moves yet bro the man ain't moves yet bro okay bro you're a bum bro you're a bum bro you're definitely a bum bro tell me what he's right now bro he has not moved not one time he's off track right now go back in the store bro you don't understand okay that's cool go back in the store bro go back in the store bro he's not me I see that bro bro I'm trying to help y'all out bro you don't need to help me out bro I know your parents I know everybody that owns the store you don't need to help me the out bro he's not moving right now bro I just saw that man bro he was just moving when I walked up here and I know you just get out you should get back out here I've been watching it the whole time just got back out here bro you guys right now bro he doesn't have a bro he's not first thing you want to grab is your mace cause you scared bro scared of minorities you bum bro like whoa three minutes bro he's not moving oh bro he's not even moving get off of the Nick bro ambulance bro he comes that's not very professional it don't matter freedom of speech miraculous you're wrong nine two nine the three most important numbers in the case nine minutes and 29 seconds is how long that went on for half of that time Mr Floyd was unconscious breathless pulses you will see in the videos ladies and gentlemen that Mr Floyd from time to time was heaving up his right shoulder there's a reason for that Mr shotman is on his left side back in his neck he can't move that his hands are behind his back he's heaving up the right shoulder so he can get room for his rib cage to expand to breathe because at this point you will learn he's pancaked with the heart pavement beneath him and Mr Chavin on top of it in order to breathe you have to have room for the lungs to expand in and out and you'll see Mr Floyd doing his best to kind of crank his his right shoulder up having to lift up his weight and this is shopping swayed on top of him to get a breath for as long as he could get a breath and uh and you will see and hear more about that during the trial you will learn that a number of the bystanders there called the police on the police Genevieve Hanson the first responder called the police on the police you'll learn that Donald Williams uh the young man who's very vocal security background mixed martial arts background saw the pressure that was put on the neck he called the police on the police but not only that you're going to learn that there was a 9-1-1 dispatcher her name is Jenna scurry Jenna Scurry is going to come to talk to you also there was a fixed police camera that was trained on this particular scene and she could see through the camera what was going on you will learn that what she saw was so unusual and for her so undisturbing I'm sorry so disturbing that she did something that she had never done in her career she called the police on the police a 9-1-1 dispatcher she called Sergeant David pleager who's going to come in to testify she called him to report what she saw because she found it just that disturbing she will tell you that she felt that she saw a man literally lose his life and you will hear her testify now I want to talk to you a little bit about intent that is what our evidence is going to be on the issue of intent as I mentioned we're going to show you that the use of force here was excessive and unreasonable uh we're going to show you that it was not accidental in terms of what was happening there at the scene that uh what Mr Chavin was doing he was doing deliberately now when we bring you the evidence of intent it's not going to come in like a sandwich board it has a front size and a backside and the front side says this is our evidence of intent and the back side says yeah you saw it we will bring it to you ladies and gentlemen through the totality of all of the Evans looking at it all together uh you will for example hear from Nicole McKenzie the medical support coordinator for the Minneapolis Police Department she will tell you that the dangers of the prone position putting people face down on the ground have been known about in policing for over 30 years that they train officers on it she will tell you that arrestees citizens who are under arrest should never be put in the prone position except only momentarily to get them under police custody or control to get handcuffs on them but never left in that position you will learn that Mr Floyd was in handcuffs already so they didn't need to put him on the ground to get him into uh uh to get him under police control and she will tell you that the reason that you don't put persons to leave them in the prone position that way let alone with a man's body weight on top of them let alone for 9 minutes and 29 seconds the reason you don't do that is because of the potential to obstruct the airwaves you're also going to hear from Lieutenant Johnny Mercer the Minneapolis Police Department use of force training coordinator he's going to tell you about what training Mr shopping had received but he's also going to tell you uh that he knows of no training that would suggest that kneeling on somebody's neck as Mr Chavin was doing was proper according to Minneapolis Police Department uh training you will learn that officers are trained to avoid putting pressure on areas that are above the areas of the shoulder on the spinal column on the neck on the head and that to do that is using deadly force because if you are putting pressure of blows in those areas you run the risk of seriously hindering the person or potentially even killing them it can be deadly forced and so they're trained not to do that but above all you know they the police are trained in the side recovery position that if you have to put somebody in the prone position to get them under control you turn them over on the side as soon as possible so you don't obstruct their airways by having them on their stomach where the lungs can't expand with the chest let alone having a weight on your back you put them in the side recovery position right away um and uh and you will hear all about the importance of that and we'll obviously bring you the evidence of all of the warnings that Mr shopping would have received not just from George Floyd himself from the cause and crying out by the bystanders from the approach of the ambulance uh from the paramedics and so on all of who did that part to encourage him to let up and together you'll be able to consider that too under the umbrella of intent now I want to talk with you a second about the evidence on causation the medical causation in terms of what was happening to Mr Floyd Molly was there on the ground and if I had to give this part of the evidence you're going to see a name I would tell you that you can believe your eyes that it's a homicide it's murder you can believe your eyes and here's what you'll be able to see for yourself you'll be able to see every part of what Mr Floyd went through from him first crying out from his effort to move his shoulder to get his breathing to get room to breathe you'll be able to hear his voice get deeper and heavier his words further apart his respiration more shallow you'll see him when he goes unconscious and you'll be able to see the uncontrollable shaking he's doing when he's not breathing anymore the anoxic seizures from oxygen deprivation you'll be able to see when he's going through agonal breathing the involuntary gasping of the body once the heart has stopped from oxygen deficiency and you you'll hear and are well aware when there was a loss of pulse you'll hear from a number of experts on the stand that putting a man in the prone position with handcuffs behind his back somebody on his neck and back pressing down on him for 9 minutes and 29 seconds is enough to take a life you'll hear that also you're also going to hear from other experts who will point to the significant evidence of the excessive force that was put on Mr Floyd's body you'll be able to see ladies and gentlemen the road rash on the shoulders from ways being pressed into the pavement from the weight on top that stripped off layers of the skin the same with respect to Knuckles on his hand when he's pressing up trying to get room to breathe the damage to his nose when he pressed his face into the pavement to try to get room to breathe ladies and gentlemen you will learn that the last 9 minutes and 29 seconds uh Mr Floyd's life he was only life or part of that that period of time but it matches the patterns of somebody who dies from an oxygen deficiencies we'll be able to point to the video evidence you'll be able to see for yourself you're also going to hear and see certain evidence of what this was not this was for example not a fatal heart event uh this was not for example a heart attack uh you will learn uh that there was no demonstrated injury whatsoever to Mr Floyd's heart as in a heart attack uh you'll hear evidence that Mr Floyd had an artery in his heart that was partially clogged you will learn that there was no damage to Mr Floyd's heart from an inadequate blood supply blood supply to his heart uh that there was no clotting in his heart you will learn that the medical examiner when he was examining Mr Floyd's heart after he had died saw no injury no evidence of heart injury and it was so unremarkable he didn't even photograph the heart you learned that this was not what's called a fatal arrhythmia that the heart beats rhythmically and occasionally then the heart gets out of rhythm and out of rhythm the heart just may stop and the case of a phala rhythmia you're going to learn that when a person suffers that they stop and they drop right there where they are instant death you'll be able to see for yourself that Mr Floyd did not die in instant death he died one breath at a time over an extended period of time does not at all look like the way that one dies from a fatal arrhythmia was instant death and this was not an instant death you also learn ladies and gentlemen that George Floyd struggled with an opioid addiction he struggled with it for years uh you will learn that he did not die from a drug overdose he did not die from an opioid overdose why because you'll be able to look at the video footage and you see he looks absolutely nothing like a person who would die from an opioid overdose you learned that opioids are tranquilizers and when a person dies from an opioid overdose what do they look like first and foremost asleep in a stupor and they never come to again and it simply passed away opioid overdose they're not screaming for their lives they're not calling on their mothers they are not begging please please I can't breathe that's not when an opioid overdose looks like now you will learn that Mr Floyd had 11 nanograms of Fentanyl in a system when he died and they may say that's a fatal amount well what you have to learn is something about tolerance so for a person who has never been exposed to opioids or fentanyl that may be lethal for them but for others who have been struggling with for years and they have a different tolerance level uh you will learn for example that 11 nanograms of fentanyl is in the range that you'll find in people who might receive opioid for cancer pain for example Mr Floyd had lived with his opioid addiction for years and you can see on the video that his behavior is not consistent with somebody who dies of an opioid addiction he didn't go into Slumber he was not non-responsive he was calling out for his life he was struggling he was not passing out now you're also going to hear from a forensic pathologist Dr Lindsay Thomas and what she does as a forensic pathologist she studies body tissues on autopsy to try to determine the cause of matter of deaths he did this over 35 year career as a forensic pathologist over that period of time she had done medical examiner forensic pathology work and some 37 Minnesota counties of the 87 we have Seven Counties in Wisconsin she had done over 5 000 autopsies and determined cause and origin or mannering cause of death and thousands of others she's semi-retired now and works as a consultant still in the field of pathology she was one of the persons who helped to train the current Hennepin County Medical Examiner Dr Andrew Baker when he was just getting started out in forensic pathology now here's where Dr Baker and Dr Thomas agreed as to the manner of Mr Floyd's death and I will show you the findings from Dr Baker when he lists manner of death for George Floyd homicide now I want to explain to you that when he uses homicide it's not the way that we use it here in the courtroom but the method examiner says homicide it simply means that the person died at the hands of another is what that means and I will show you what list that's chosen from in just a minute and Dr Thomas will come in and testify about that but it means that he died at the hands of another but you'll also learn that he lists of the cause of death cardiopulmonary arrest complicating law enforcement subdual restraint and neck compression now I'm gonna translate that into English and you'll hear this from Dr Thomas cause of death cardiopulmonary arrest what you're going to learn is that every human being that's ever been on the planet has two things in common with every other human being number one is that they are born and number two is that they die a cardiopulmonary arrest because all the cardiopulmonary arrest means is that the heart stops and the lung stops is simply another way of saying death so cause of death death complicating that is involving law enforcement subdual that is subduing George Floyd restraining him and compressing his neck on the cause of death and then how the injury occurred deceeding George Floyd experienced the cardiopulmonary arrest while being restrained by law enforcement officers now in terms of the manners of death what you see here it says homicide here here would be the standard list of the choices that medical examiners will look to in determining what the manner of death was how to injury or disease leads to death as matter of death and this is Dr Thomas we'll talk to you about this five matters of death natural natural causes are heart attack it's a natural death you will learn a fatal arrhythmia is a natural cause of death you will learn accident a drug overdose is an example of an accidental death for example a car accident can be an accidental death suicide homicide which is when they chose death at the hands of another or undetermined that if you can't tell which it is or what it is you indicate undetermined and here you'll learn that Dr Andrew Baker and Dr Thomas determine amongst these possible manners of death was a natural not accidental not suicide not undetermined it was homicide death at the hands of another but that's not all that Dr Thomas is going to tell you she's going to tell you something about the limitations of pathologies that is looking at the tissues of persons after they've been deceased in trying to determine whether somebody died as a result of oxygen deficiency their limitations because in over half the cases where somebody dies from insufficient oxygen and when you know they died from insufficient oxygen there are no signs in the body tissues she will give you the example for example of somebody who smothered by a pillow and they die that way she said you may see nothing in the body tissues but you know they died from oxygen deficiency because you know how they die and here in this case you will hear that an autopsy they didn't see any objective things in George Floyd's tissues but she says we have to look at all the evidence and we can see what happened at the scene and and we can see Moment by moment that he had all the telltale signs of a person who's struggling and suffering from not receiving sufficient oxygen and she will say you have to look at all the evidence and we'll show you that objective evidence as we go through so finally I want to talk to you about some of the evidence that you will hear some of the facts uh that do not excuse the success of use of force but you will hear about them we will tell you about them for example you will hear that George Floyd was a big guy he was over six feet tall every uh police conduct witness we bring to you on the stand every use of force experts will tell you that his size is no excuse for uh any police abuse you're going to hear obviously they struggle with drug addiction that he had high blood pressure they'll talk about heart disease and we will tell you about that heart disease that he had what you will learn is is that Joyce for eight years for lived for years day in and day out every day with all these conditions until the one day on May 25th when he ended the 9 minutes and 29 seconds and that was the only day he didn't survive that he went into that Circle of nine minutes and 29 seconds is the only day he didn't come out again uh you will learn that it's not an excuse of what happened in the nine minutes and 29 seconds you will hear what happened earlier on the day on May 25th uh you will be able to see how the police approached them in his vehicle over the fake twenty dollar bill you'll be able to see how when they approached this car came to his window within seconds they had pulled out their gun were pointing it at his head and we're using the foulace of language you'll be able to see them get him out of his car put him right away in the handcuffs you'll see them Pat him down so that the know he doesn't have any weapons and not only that you'll be able to hear George Floyd when he approaches the squad car saying he is terrified to be put into that squad car you hear him say I think I'm gonna die if they put me in there I think I'll die if I would put in that squad car he was terrified you'll hear him talk about that he says he was claustrophobic and then he asked to count himself let me count my way into the squad car and he starts trying to count one two up the manhandling shove him into the car with the handcuffs on and you'll see how he freaks out from that uh you hear him saying I can't breathe in the back of the squad car and we will show you in the back of the squad car with Mr Charlotte at one point had his hands around Mr Floyd's neck in the squad car and another his arm and elbow around his neck with Vista Floyd's head here when they were pulling him out of the squad car putting him on the ground in the prone position and when the nine minutes and 29 seconds begins but you're also going to learn ladies and gentlemen at the time they put Mr Floyd on the ground that way there were five grown men armed police officers who were on the scene over a fake 20 Bill there were five of them there Mr Chavin and his partner the two officers who showed up there earlier in the first place before Mr Shavon was there and a member of the Park Police there were five there for a man who didn't threaten anybody you will see committed no act of violence and anyway who didn't try to run away and uh who was put in the prone position this way with five grown men aren't police officers present none of that ladies and gentlemen we submit he will find to be an excuse for what happened in the nine minutes and 29 seconds we're also going to want you to learn uh something about George Floyd George Perry Floyd this family room is called him Perry because he was not simply just an object of the excessive use of force of police he's a real person and I want you to learn something about it the time that he was killed he was 46 years old he was a father a brother a cousin a friend to many he's originally from Houston Texas even before Houston uh he was from my original home state North Carolina Fayetteville North Carolina before Houston uh is where his family is from he excelled in basketball and football loved shooting Hoops even to the end and kept himself fit that way he moved to Minnesota from Texas for a fresh start and the rest of this you learn about him his work as a security guard they lost his job when kovid hit he's a covid Survivor George Floyd was and he lost his job as a foyer employer was forced to close uh given kovid but the point to all of this is that we want you to know something about who George Floyd was as a person because he was somebody to a lot of other bodies in the world good night so ladies and gentlemen I'm uh going to sit down in a moment this morning we're going to show you through the evidence that there was no excuse for the police abuse of Mr shop we're going to ask at the end of this case that you find Mr Chavin guilty for his excessive use of force against George Floyd that was an assault that contributed to taking this life and for engaged in an imminently dangerous Behavior putting the knee on the neck the knee on the back for 9 minutes and 29 seconds without regard for Mr Floyd's life we're going to ask that you find him guilty a murder in the second degree murder in the third degree and second degree manslaughter thank you Mr Nelson do you wish to open at this time amen may please the court Council Mr Chauvin members of the jury A Reasonable Doubt is a doubt that is based upon reason and Common Sense at the end of this case we're going to spend a lot of time talking about doubt but for purposes of my remarks this morning I want to talk about reason and Common Sense and how that applies to the evidence that you're about to see during the course of this trial reason is an idea that Holy permeates our law our legal system and it forms the foundation and you will see and hear that repeatedly throughout the course of this trial what would a reasonable police officer do what is a reasonable use of force what would a reasonable person do in his or her most important Affairs is a reasonable doubt as such reason dictates and necessitates how the evidence must be looked at and analyzed in every single case and Common Sense is exactly that it's common sense Common Sense tells you that there are always two sides to a story Common Sense tells us that we need to examine the totality of the circumstances to determine the meaning of evidence and how it can be applied to the questions of reasonableness of actions and reactions in other words common sense is the application of sound judgment based upon a reasoned analysis and that's what this case is ultimately about it's about the evidence in this case the evidence that you will see in this case during this trial it is I agree with Council for the state it is nothing more than that there is no political or social cause in this courtroom but the evidence is far greater than nine minutes and 29 seconds in this case you will learn that the evidence has been collected broadly and expansively Minnesota Bureau of Criminal apprehension employed nearly 50 case agents analysts and technicians to investigate this case the Federal Bureau of Investigation included at least 20 additional agents in their investigation agents combined have engaged in and extensive and far-reaching investigation they have interviewed over 50 members of the Minneapolis Police Department including the officers who responded to the scene after Mr Floyd was brought to the hospital they were they interviewed members of the Minneapolis Police Department Command Staff they interviewed officers Who oversee training and policy making decisions within the Minneapolis Police Department they have interviewed nearly 200 civilian Witnesses in this case some of these Witnesses saw the entire incident some who saw a portion of the incident many who saw nothing and some who had some piece of information to give to the officers and others who had nothing these agents interviewed the numerous medical personnel who interviewed excuse me who attended Mr Floyd and they interviewed the numerous firefighters and paramedics who responded agents executed approximately a dozen search warrants in this case to gather information and in the end you will hear a term throughout I believe this case called The Bait stamp number Bates stamp system is a way for lawyers to keep track of the case to make sure that we are working from the same set of documents the same set of evidence to preserve the Integrity of the investigation you will learn that we are approaching 50 000 bait stamped items so this case is clearly more than about nine minutes and 29 seconds as you all saw during jury selection witness list in this case neared 400 people so how do we begin to analyze and organize this evidence I suggest that you let common sense and reason guide you I propose that every witness you will hear from and every piece of evidence that you will see or hear during this trial can be assigned to one of four basic locations Cup Foods the Mercedes-Benz Squad 320 and Hennepin County Medical Center so let's start at the first Cup Foods you will learn that on May 5th excuse me May 25th 2020 shortly after seven o'clock P.M Mr Floyd and his friend Maurice Hall entered the Cup Foods located at 38th and Chicago while they were there they ran into their other friend or Mr Floyd's ex-girlfriend shawanda Hill and he offered her a ride you will hear from Chris Martin who is the store clerk at Cup Foods Mr Martin observed Mr Floyd he watched his body language he interacted with Mr Floyd in this moment and Mr Martin formed the opinion that Mr Floyd was under the influence of something you will see the actual video from inside Cup Foods Mr Floyd did use a counterfeit 20 Bill to purchase a pack of cigarettes Mr Martin realized this and first along with another one of his co-workers named Nabil Walter went outside to the car where Mr Floyd Mr Hall and Miss Hill were sitting Mr Martin asked Mr Floyd to come in and either buy the cigarettes exchange or return the cigarettes and you will hear from Mr Martin that Mr Hall and Mr Floyd refused you will hear that a short time later Mr Martin went back to the car a second time he went back to ask them again please come inside give us the money or return the cigarettes and that second time again Mr Floyd refused so at 801 PM a second clerk from the Cup Foods named Omar Kamara called 9-1-1 to report Mr Floyd during that call Mr Kamara you will hear describe Mr Floyd as drunk and that he could not control himself he's not acting right he's six to six and a half feet tall accordingly Minneapolis police officers Thomas Lane and Alexander King were dispatched to the scene and arrived at 8 08 pm they were driving Minneapolis squad car 320. and they faced parking southbound in the northbound lane of Chicago Avenue and were directed by store employees immediately to the second location the Mercedes-Benz during this trial you will hear evidence of what happened in the Mercedes-Benz in the 20 to 30 minutes prior to the police arriving you will hear from Mr Floyd's friends shawanda Hill and Maurice Hall this will include evidence that while they were in the car Mr Floyd consumed what were thought to be two Percocet pills Mr Floyd's friends will explain that Mr Floyd fell asleep in the car and that they couldn't wake him up but they kept trying to wake him up to get going that they thought the police might be coming because now the star was coming out and they kept trying to wake him up and in fact one of these friends called her daughter Miss hill shawanda hill called her daughter Shakira Prince to come and pick her up because they couldn't keep Mr Floyd awake at 809 pm officers Lane and King approached the vehicle and officer Lane approached the driver's side of the vehicle and officer King approached the passenger side during the course of this trial you will see and hear the body worn cameras of these officers that fully captured the entire interaction with Mr Floyd and his friends you will see office Lane draw his service weapon after Mr Floyd failed several times to respond to his commands to show him his hands you will learn that that is an acceptable police practice you will see the officers struggle with Mr Floyd to get him out of the Mercedes-Benz and handcuffed and you will see and hear everything that these officers and Mr Floyd say to each other the evidence will show that when confronted by police Mr Floyd put drugs in his mouth in an effort to conceal them from the police at approximately 8 10 pm officer Peter Chang of the Minneapolis Park police response he responds to the scene to assist officers King and Lane and he helps in detaining the passengers you will see officer Chang's body-worn camera and you will hear his interactions this becomes important as we learn about police practices because what you will learn is that when an officer responds to what is sometimes a routine and minimal event it often evolves into a greater and more serious event you will see surveillance videos near Squad 320 from a local business called the Dragon Lock that capture the actions and reactions of all of everyone present at that location including evidence of further concealment of controlled substances during the course of the investigation two search warrants were executed on the Mercedes-Benz the First on May 27th of 2020 the second several months later on December 9th of 2020. a agents located various pieces of evidence during both of these searches including two pills that later analysis by the BCA revealed to be a mixture of methamphetamine and Fentanyl is what's called a speed ball a mixture of an opiate and a stimulant you will learn that these pills were manufactured to have the appearance of Percocet while standing next to the Mercedes-Benz officer King and officer Lane both asked Mr Floyd what he was on he says he he officer King and Lane escorted Mr Floyd to the Third location Minneapolis Squad 320. the evidence will show that as officers King and Lane escorted Mr Floyd to their squad car a citizen by the name of Charles McMillan walked alongside them he kind of joined them and he was encouraging Mr Floyd to cooperate with the officers get in the car you can't win the evidence will show that Mr Floyd and the officers began to struggle as they attempted to get him in the squad car and you will learn that officers Derek Chauvin and his partner Tu Tao arrived to assist officers King in lane at 8 16 and 48 seconds almost 8 17. upon their arrival the first thing that officer Chauvin sees is officers King and Lane struggling with Mr Floyd Mr Mr Chauvin asked the officers is he under arrest yes and then officer Chauvin began to assist them in their efforts to get him into the squad card you will see that three Minneapolis police officers could not overcome the strength of Mr Floyd Mr Chauvin stands five foot nine 140 pounds Mr Floyd is 6'3 weighs 223 pounds you will learn that because of this this intersection at 38th and Chicago is considered a high crime area the city installs What's called the Milestone video system it's a camera that sits up high atop a pole and can surveil the entire intersection when you see these videos pulled back from afar you will be able to see the Minneapolis Police Squad car rocking back and forth rocking back and forth during the struggle so much so that it catches the attention of the 911 dispatcher Jenna Scurry this was not an easy struggle as the struggle continues you will see and hear both what Mr Floyd was saying to the officers and the officer's responses to him Mr Floyd does end up on the street and appeared to continue to struggle to these officers so much so that they considered applying What's called the maximal restraint technique it used to be called the hobble or the hogtie Mr Chauvin used his knee to pin Mr Floyd's left shoulder blade and back to the ground and his right knee to pin Mr Floyd's left arm to the ground officer King was placed below Mr Floyd's buttocks and officer Lane was at the feet and you will see and hear them continue to struggle with Mr Floyd as he's attempting to kick you will see and hear that a crowd begins to develop watching and recording officers initially fairly passive as the situation went on the crowd began to grow angry but here's what you will also see in here you will see and hear the conversation between the officers behind the squad car the crowd is not aware of what they are saying and doing you will learn that several bystanders including Donald Williams and Genevieve Hansen they grew more and more and more upset with these officers you've seen it this morning but you will also see it from the perspective of the police officers as the crowd grew in size seemingly so too did their anger remember there's there's more to the scene than just the office what the officers see in front of them there are people behind them there are people across the street there are cars stopping people yelling there are there is a growing crowd and what officers perceive to be a threat they're called names I heard them this morning a bum they're screaming at him causing the officers to divert their attention from the care of Mr Floyd to the threat that was growing in front of them at this location questions emerge about the reasonableness of the use of force and this will ultimately become one of the decisions that you have to make to answer these questions the Bureau of Criminal apprehension the evidence will show that the Bureau of Criminal apprehension investigated the Minneapolis Police Department's training and policies you will learn about things such as the authorized use of force proportionality of force excited delirium defensive tactics including prone handcuffing neck restraints maximal restraint technique the Swarm technique you will learn about rapidly evolving situations and the Minneapolis Police Department's decision-making model you will learn about crowd control medical intervention de-escalation procedural Justice Crisis Intervention and the human factors of force that is what happens to a police officer or any person when they are involved in a high stress use of force situation and you will learn that Derek Chauvin did exactly what he had been trained to do over the course of his 19-year career the use of force is not attractive but it is a necessary component of policing the evidence will again demonstrate that the Minnesota Bureau of Criminal apprehension conducted two searches of squad 320. you will learn that in the second search of squad 320 agents recovered several pieces of partially dissolved pills you will learn that these pills were again analyzed were again shown to be consistent or similar to the pills found on the Mercedes-Benz in that they contained methamphetamine and traces a fentanyl moreover these pills contained the DNA and saliva of George Floyd which leads us to our final our final location Hennepin County Medical Center the evidence will show that officers made two calls for emergency help those calls were within one minute and 30 seconds of each other the first call officers called for paramedics to arrive code to because Mr Floyd had a nose injury he was bleeding from the nose that occurred during the struggle Mr Floyd banged his face into the Plexiglas partition of the squad car you will see the blood evidence in the squad car that first call came at eight minutes excuse me eight o'clock 20 minutes and 11 seconds the second call was what's called a stepped up call or a code three call meaning get here as fast as you possibly can that call was made and placed at eight o'clock 21 minutes and 35 seconds you will learn that paramedics arrived on scene at 8 27 and 18 seconds just 19 minutes after King and officers King and Lane arrived within six minutes of it being called a code three and they did what they refer to as a load and go because of the crowd they came they picked up Mr rather than attempting to resuscitate him or treat him on the scene they loaded him into the ambulance and they drove to a location several blocks away to begin their resuscitative efforts and you will hear and learn that officer Thomas Lane accompanied them for part of that time you will learn ultimately that Mr Floyd was transported to the emergency department at Hennepin County efforts where efforts to save Mr Floyd were made and at the direction of Dr Bradford wonkid longenfeld again he took important tests he ran blood samples and blood gas samples he took certain very important obtained very important pieces of information and you will learn that later that evening Mr Floyd was pronounced that the evidence will show then that Dr Andrew Baker of the Hennepin County Medical examiner's Office conducted the only autopsy of Mr Floyd and you will hear of several interviews that Dr Baker had with law enforcement where he discusses the cause and manner of death and what that actually means according to what he saw present in Mr Floyd's body and some of this evidence is in extremely important to the final determination of Mr Floyd's cause of death medical findings include things such as the blood gas test that was shown was taken at HCMC that revealed Mr Floyd had an exceptionally high level of carbon dioxide Dr Baker found none of what are referred to as the telltale signs of asphyxiation there were no bruises to Mr Floyd's neck either on his skin or after peeling his skin back to the muscles beneath there was no petechial hemorrhaging there was no evidence that Mr Floyd's airflow was restricted and he did not determine to be a positional or mechanical asphyxia death at the time Mr Floyd was in the hospital ephemeral blood draw was taken that blood draw was analyzed by a lab the results of Mr Floyd's toxicology screen revealed the presence of Fentanyl and methamphetamine among other things and it will be important to know the difference between Fentanyl and methamphetamine the autopsy revealed many other issues including coronary Disease an enlarged heart what's called apera ganglioma tumor that secretes adrenaline swelling or edema of the lungs and the state was not satisfied with Dr Baker's work and so they have contracted with numerous Physicians to contradict Dr Baker's findings and this will ultimately be another significant battle in this trial what was Mr Floyd's actual cause of death the evidence will show that Mr Floyd died of a cardiac arrhythmia that occurred as a result of hypertension coronary disease the ingestion of methamphetamine and Fentanyl and the adrenaline throwing flowing through his body all of which acted to further compromise and already compromised heart at the conclusion of this evidence you will be instructed as to the law the elements of the offense the court will give you detailed instructions on what you must find to convict Mr shoban of these charges but when you review the actual evidence and when you hear the law and apply reason and Common Sense there will only be one just burnt and that is to find Mr Chauvin not guilty members of the jury we're going to take our morning recess at this time uh until about 11 15. I want you to keep in mind that these breaks we try and keep as much as we can to time but if bathroom needs another needs uh are important we can expand it a little bit so I don't want you to be nervous about making sure all of your personal business is done within the 20 minutes but keep in mind the 20 minutes is what we'll try and stick to for our morning and afternoon breaks and so now Deputy will take you back to the other courtroom we're in recess until 11 15. foreign foreign foreign foreign huh hello um to report again foreign woman well it's interesting behind me showing that video as hard unbelief uncensored um foreign stupid possibly noted thank you very much not enough with them cool let me do better right now I see you guys from here local foreign thank you there's a lot of options thank you foreign concept thank you it works together foreign foreign foreign foreign there we go thank you thank you Miss Curry can you tell the jurors what your occupation is I am a Minneapolis 911 dispatcher and so who is your employer City of Minneapolis and how long have you been doing that almost seven years can you tell the jurors what kind of training goes into being a dispatcher um a lot of training we go through close to two years of training starting with call taking where citizens are calling 9-1-1 with their emergencies um also speaking to non-emergencies and how we can direct those we then work with police and fire on sending them their calls and prioritizing those and also with the police officers on their off duties and and warrants and lost children so there's multiple there's about four different positions that we work yeah and maybe I should start first with you know what all is involved in your job as a dispatcher what are the kinds of things you do specifically as a dispatcher I take the calls that are from 9-1-1 as they are prioritized and send them out to the police officers or the firefighters to handle and do you also for instance have to answer um well provide information out yes okay and is this just for police calls or fire calls or what kind of calls are involved we have two different dispatches so we have police dispatchers who will take the calls from 9-1-1 and the information and give it all give it out to the officers over the radio and we have fire dispatchers who would then do that specifically for the fire department so they're kind of four different aspects to your job right correct what can you just describe first what those four really are the first one uh 911 call taking again where the citizens would call in giving their emergencies uh we help with prioritizing those or getting them to non-emergencies lines we then have fire dispatch where those dispatchers specifically send over fire rigs to fires or medical runs Channel 7 would be where we log in our off-duty officers deal with lost children reports warrants uh it's called our information Channel because it is a lot of work information questions happen and then our police dispatching where we take those calls from 9-1-1 and then send them out to the officers based off of priority so a lot of people think of a dispatcher is getting a call from somebody and then just calling a police officer and saying go go answer this call but it's more to it than that a lot more to it okay and when you're working a typical shift well describe for the jurors like what's around you what's your office look like when you're a dispatcher my office our Center is currently located in a bit in a basement we have walls similar to like this covered with carpet it's a large Center you'll have all the call takers together similar to how the jurors are set but you'll have five to six different screens around you um and then in another room you'll have your fire dispatchers to give them some silence so they can work around that and be on the radio and listen to the firefighters across the room you will have our channel seven that is closely located to our dispatch Group which is approximately four people that are giving out all the calls to the officers so you say the fire dispatchers are somewhere different why is that it's just the layout of our Center um I mean police dispatch is also on the across the room away from the call takers it gives them the ability to be louder if they need to if someone's hard of hearing or anything like that uh the chatter also gets with everybody together it gets pretty loud so we have our own different areas for the ability to be on the radio without all of the background noise so in any particular shift there are some people taking calls and some people dispatching calls correct we are not doing the same I am not taking a 9-1-1 call and then dispatching it why is that Minneapolis is very busy we have dedicated um 911 call takers at that time we wouldn't be able to do it all at the same time and then fire dispatches their own fire units for a particular call correct now you mentioned having five or six screens in front of you what are all those screens about those screens have different resources on them one of my screens is a telephone that has hundreds of numbers in it um that I can use to call whoever I need to for any given reason I also then have a city computer that I can utilize if I need to find an address because someone may not know it I can use Google or any other resources I need from the internet I then have a radio screen that has all of our radio channels on it along with other um public answering points so we can listen to their chatter in case something is coming into Minneapolis that we need to be aware of and then I have three screens dedicated to the calls that are coming in the calls that are assigned to police or fire and it'll tell me all of the units I have available or who is signed in for different things sounds like a lot of information it is a lot of information how long did it take you to really become a master at your job every day is a learning day I can tell you that I can learn something new that I didn't know yesterday um to be completely comfortable with police dispatching it took me about three years to get comfortable there and as part of your training for that job did you have to learn about How the City of Minneapolis Police Department divides up the city for coverage yes that's all geography for us based off of the precincts and then how the precincts break down into different sectors and can you describe for the jurors then and by police coverage and you're talking about how officers are assigned correct correct and so how is the City of Minneapolis divided up for police coverage there are five different precincts in Minneapolis one through five within those precedines they all have different sectors those sectors are given to the officers they have the specific sectors that they belong to and based off of the geography of the call he would assign a certain unit to a different call or to that call and if you don't have a unit to cover that area then you would have to take a unit from a different sector to cover that leaving the sector they came from available so can you describe for the jurors let's take for example the third precinct you're familiar with the third precinct and um describe for the jurors generally what the third precinct is the third precinct is has four sectors in it the first one being 310 that is the top of the precinct it goes down to Lake Street and then the middle would be 320 and the lower half being 330 the East Side being 340. and so what generally an area of Minneapolis are we talking about for the third precinct would be South Minneapolis east of 35W and when you use these terms like 310 and 320 what is that really referring to it refers to their sectors to correspond with the call signs that they use and so on a typical shift how many officers would be assigned to each sector typically you have one per sector and then you have a sector squad or a Precinct wide Squad that would be assigned to the whole Precinct and so when officers are assigned to that sector they're known by that sector number not their names or their badge number or anything like that correct so when you're dispatching you dispatched a 320 because they're the 320 car correct and um and so if you dispatch a call and that sector car is not available what's the process there you move to that 360 number it is a Precinct wide Squad if there is not one available then you move to the most closest available slide so somebody has to go out of their sector to respond to that correct and what's a priority call a priority call is a incident where someone calls in within 10 minutes of the situation happening or there's the suspect that is still on scene so what's the significance of calling that a priority call for in terms of dispatch the significance we would want to get someone there as soon as possible it's no longer it falls still into the how would I say this it's still happening there's possibility of the person still being on scene it's not a report call that they would go not code to and so describe for us then what chord two means as far as I understand code two would be not using lights and Sirens they're going without those so it sort of makes sense for a call to be priority if you've got a suspect still there want to get an officer there right away correct and so code two from your training and experience means proceeding without lights and Sirens are there other codes that are used as part of the dispatch process in the policing process we have code four which would be seen safe if we're working with other agencies such as EMS and their staging in the area which means they're not going in unless police have deemed it safe for them police would let us know that if the scene is code for and then they would proceed in so between two and four is there a code three there is a code three and what does that mean code three means emergent so they need them as quickly as possible okay I'm going to back up a little bit uh in your job as a dispatcher you do a lot by hearing what's going on getting calls is there also some things that you can do visually in terms of seeing what's going on outside of in the City of Minneapolis the majority of our job is all through listening um from the first call that comes into us to dispatching it to the radios between dispatch and the responders and sometimes we do have cameras available to us they can be up simply for the fact to know what time of the day it is to know what the weather might be out or at that time to keep us as up to date so we can understand how or what questions ask our callers depending on the day or what it looks like but we do have cameras available to us if needed so explain where these cameras are what do you mean that there are cameras um as far as I know they are around the city I don't specifically know where each one of them is but uh they are up and we do have access to them not specifically the dispatchers but they are cameras that are available for usually camera operators which are some police officers that operate cameras to use and then we can use them as well so how do you see them you know when you're working as a dispatcher how do you see the video from those cameras um just like the the um TVs in this room they're on the wall for us to or to use there are approximately I believe six TVs and so it's a way for you to see what's going on out in the streets correct and you know how often your job do you think you look up at those and see what's going on it depends depends on how busy we are sometimes we are going from call to call to call and you start at five o'clock and somehow it's already nine o'clock in the afternoon you don't know how he got there sometimes um we can look up and see what it's like outside and you can watch the people walking by it all depends on the day so in communicating with police officers who are out working there are different ways that you can actually communicate with them and talk to them correct what are the different ways that you can do that first we use our radio that is our formal way of communication with giving out calls and information we also have our CAD system and that is the computer system that allows us to take the calls from 9-1-1 operators they come over to us at dispatch and then when we dispatch the call we're also giving that same call to the officers or the firefighters to their computers so that they have the same information that we're giving out through that we also have what would seem as a an email system and we can use that to send messages too if needed to make phone calls to officers we can and so may have sort of already answered my question but just to be clear about it tell us the typical process when a citizen makes a 9-1-1 call how that comes through the the call center and becomes a call to police officers for assistance so everything is uh the first question we ask is what is the address of the emergency it's the most important thing so that we can send help right away if needed but it also allows the calls to be coded to the correct dispatcher we have three dispatchers working all at the same time and they're in charge of different precedes um my channel which was channel one wasn't is Precinct three and two and the other channel the other channels involved have different precincts so the address allows us to give it to different dispatchers so they can disseminate that information so a call goes to um a call taker they give information to you to do the dispatch correct and so where you're working on May 25th of last year I was what was your shift do you remember that day my shift was a metal shift I started at 14 30 which is 2 30 in the afternoon and I worked until midnight 30 which is 12 30 at night and I think you told us your responsibility then was uh which areas of Minneapolis channel one which would be Precinct 2 and Precinct 3. so then the other channels have the other um precincts correct and so what was um your assignments what were your job duties on May 25th of 2020. as a police dispatcher it was to take the calls that came in from 9-1-1 and to dispatch them to the police officers and um incidentally I think I may have forgot to ask you is there always a sergeant on duty when you're serving as a dispatcher a sergeant on duty out in the streets in each Precinct yes how many sergeants are there generally on uh depends on their shift minimal of one and as part of your duties do you often have contact with those sergeants about calls and other matters yes now on that date May 25 of 2020 did you dispatch a call to officers to a location known as Cup Foods yes and um did you receive that 9-1-1 call I did not and did you but you dispatched a call about that correct are you familiar with that location Cup Foods yes and what do you know the intersection where that's located 38th in Chicago and is that in the City of Minneapolis yes you know what county that's in had it been okay and uh why are you familiar with that location um it's a place where I've been in the area before um and also it's part of our geography to know certain landmarks that stick out it's a place where we have to the ready to understand where it is so if someone tells me they're a cup of foods I know where that is it's 38th in Chicago and I can use my computer system to get that address fairly familiar with the City of Minneapolis yes and um were you aware at the time if there was one of these street cameras for that area I did not did you subsequently learn that they're in fact is a camera there that could show the incident you had called yes at some point did you also then look at some video for this incident at that location yes and we'll come back to that a little bit um prior to coming into court did you have a chance to look at what we've marked as exhibit 151 um you don't know that but it's the visiting at her CAD print out from part of this call correct yes your honor can we turn on just the witnesses screen please you put up 151 please I'm showing you what we've marked as exhibit 151 do you see it on your screen no now do you see it yes I'm using the judges okay um do you first of all do you recognize what this document is yes and what how would you refer to it so I get it right it is the printout version of the call that it came in from 9-1-1 so as calls are processed through the center a record of that is made that looks like this yes and is this kept in the ordinary course of the business of the call center and keeping track of what it does and are you have you on prior occasions relied on something like this to recall what happened during a call yes yes something that you're able to see even sometimes during their shift yes and would this come up on one of the multiple screens that you have if you wanted to Yes it everything looks different um it would take a lot of explaining but yes we see all of this information the honor then I would offer exhibit 151. foreign 151 is received Scurry I'm going to ask for 151 to be put up on the screen so we can all see it and starting here with the first page of this document um and I'll represent you that we have not included the entire document right this is just a portion of that information correct correct so what I'm going to ask you to do here with the first line is tell us you know run us through that first line and tell us the information on that very top line the first line is from the call taker it is a query of the plate that's in the call and then we use a lot of abbreviations for quick hand information to the dispatchers and it would say outside on 38th Street reporting that there is a male providing or provided a counterfeit Bill to the business the suspect is a black male six foot taller sitting on top of a blue Mercedes ML320 SUV license plate boy Robert john026 okay so what I'm going to do is I'm going to have this blown up a little bit so it's easier for everybody to read along with you and at least the first couple lines just so that it's bigger for us all to see so the First Column on the left self-explanatory that's the date correct and then the time also probably self-explanatory what does user mean user would be how you identify different persons involved this person you can tell is a call taker it's the first two um letters there and then it has their ID number we all have our own ID numbers and so what's your ID number mine is one two three zero nine six but this first user number that starts with a CT you're familiar with who is assigned that number generally who has that number yes and how do you know that it it's given to our certain everybody has their own specific one if I needed to query that to find out who it was it would tell me who their name is but I also know that that's a call taker based off of the first two letters and then type what does type mean it's the response so that's outgoing information yes I believe I'm not I can't I don't know exactly know what that means actually right there so that first line uh query somebody's asking to run a license plate correct correct all right so then the next line um can you describe for the jury then what we're seeing here all that if that's in capital letters so everything we write is usually in capital letters but the first three letters are OTS is our short term for outside and then just on 38th Street it's providing the information of where we try to be as clear as possible and paint a picture so outside on 38th Street reporting that there's mail provided counterfeit Bill to the business and so is this the information that the call taker provided to you to make the dispatch to officers yes and as part of this process does that information also go to the officers in writing yes all of this information is sent to them when they're assigned the call so this is available to them in their squad car as well correct and we see then there's a description of the vehicle correct blue Mercedes yes and then there's an address yes that is the query information that goes in there so we can sometimes plates don't match vehicles it is the reason why we ask along with the license plate what kind of vehicle are you seeing so when we run that plate we can say this is a stolen vehicle and it doesn't match or the plate doesn't match because it might just be wrong so here clear to 2419 on Avenue North what does that mean that is the registered owner's address of the vehicle that's described there yes and so then when well the next line no screening questions asked what does that mean due to the pandemic we have certain questions that we ask and there were no screening questions asked based off of the person not being the person they're calling about so the caller as far as We Know they're not going to have contact with but no screening questions were asked to let the officers know that we don't know if they've had any covid contact or symptoms so then taking this information then did you dispatch squad car to respond to this call yes and who did you well first of all if you could tell us which sector of the third precinct uh soon this was the third precinct correct correct which sector did you would this fall in this Falls in 320th sector and did you in fact dispatch then to 320. I originally dispatched this to 3 30. and why is that 320 was not available and you knew that from your work previous that day okay okay and so then you um did you make an actual dispatch to um 3 30 to respond to this call yes and so when you do that make that oral dispatch you base it off this information that you're reading right here correct all right and prior to coming to court did you have an opportunity to listen to a copy of that call yes and we played that for you yes that appeared to be an accurate recording of the actual call that you made yes and we've marked that as exhibit 10 and your honor we would offer exhibit 10 at this time okay 25 is because Chicago 37 59 Chicago on 38th they are reporting that there's a person who will use the counterfeit bill as a business suspect of the black male 6 support for taller videos so just sort of clear that's not quite the end of the call is it no all right we will try again and see if we can get the whole thing to play gonna take a bone so in your call out then you passed along essentially the same information as in the written part we saw in exhibit 151. correct slightly different based on just what you're reporting out correct correct foreign thank you for bearing with us and everybody but we'll try exhibit 10 again um and just before we play it the first thing that records is actually not your voice that's just an electronic voice marking the time of the call correct correct all right so we'll try exhibit 10 again 204 23 May 25 2020 . Chicago on 38th they are reporting that there's a person who use the counterfeit bill as a business suspect of the blackmail six plus four taller sitting on the hood of a blue Mercedes license plate foreign okay foreign with the officers out on the street correct correct all right so back back up and run through this a little bit and if you can tell us the Cup Foods is in which sector it's in sector 320. and you initially called this out to 3 30 correct correct do you recall who was working in 3 30 that day I don't specifically know okay and so when you start your shift you just know there's a car out there that's 3 30 here calling to them correct and after that um 3 30 called back and said copy correct correct and what does that mean it means they acknowledge that they've been given a call and subsequent to that there was a call from 320 correct yes and what was the substance of that call they said they would take their home So based on what you knew about 320 being busy what did you take from that exchange that 320 was now calling in that they were able to at least put their call in pending and they could come back to it and then take their call they also mentioned pending priority nine what does that mean that means that I didn't clear them from their call sometimes I will clear a squad for whichever reason if it's report advised sent there's a multitude of different reasons and I instead just put it back in pending so they can pick it up later to finish whatever they needed to do and then 3 30 ended up calling and uh and saying cancel thanks 20 correct correct all right what did that mean that they were no longer going to be going to the call and to thank them and so when you're making um when you're doing that dispatch um at some point did you ask to send additional officers there in the initial one no but did you eventually yes all right so if we can go back to 151 please and again we'll expand that first page so we can see it easier um you'll see a line at 20 1008 so that would be 8 1008 correct correct and that's your identification number correct correct and so what tell us what that line is about these are the actions that I did to back the squad 320 up with 330 and then 8 30. and so when you're saying backed up 320 with 330 what does that mean additional squads are in row and so did you request that or was that information you've got that they were going to back up 320. I I backed them up okay do you recall why I believe I don't remember specifically that I heard something loud in the background and asked for additional squads until code 4. and you did that as well with 8 30 correct correct and what does 8 30 refer to Squad 830 is a park Squad and by Park Squad you mean what there are Minneapolis Park officer so it's the part police work for the City of Minneapolis as well correct and so they can respond to calls in Minneapolis even though it's not in the park correct and so then can you tell us a few lines down at 20 1102 you see that line yes and describe for us what's uh what is listed there they are taking one out okay okay and what does that mean they are taking a person out of the vehicle is that customary for officers to call that in yes and then right below that is a license plate number correct yes and we have removed the identifying information from that correct correct that's why there's a gap there and though there is a a street address in Minneapolis correct yes and that's on Ilion Avenue correct where is that in Minneapolis generally do you know that is in the fourth precinct so which side of Minneapolis is that it is on the north side of Minneapolis and so this information has gone out to the officers as well that address correct and then following down to 20 12 21 you see that entry yes and can you describe for the jurors what's depicted on that line it is Squad 320 is code for and so that means what to you CNC incidentally this 2012 is military time that's 8 12 correct correct I suspect you're far more accustomed to Translating that than the rest of us very much yeah yeah and then the next line down uh can you describe for the jurors what's there uh it says 8 30 is out with Squad 320. that is when the Squad around that is when the what I'm sorry the 8 30 Park Squad is now with Squad 320 at that location and then if we move down to the next line a whole bunch of stuff there not really concerned that's just all coding for some information requested I assume yes that is uh 8 30 put something in the call okay so then we'll move to the next page and we'll expand this so we can see it and actually these two pages we'll probably pull up both at the same time so we can look at them as we go along um drawing your attention to the second line at 20 20 11. do you see that yes can you describe what's uh listed there what what that line is about I believe I heard EMS code 2 for a mouth injury requested by the squad and so that's 320 calling in for that correct correct and so code two you told us earlier means what not a merchant and then describe for us then what's depicted in the next line at 20 21 35 Squad 330 requested EMS code three so this is um upgrade 330 upgrading the call to code three what's up yes yes and um so they're asking for the ambulance to come quicker correct and just to be clear when we talk about EMS we might think of that as an ambulance right correct and then the next line at 2027 21 can you describe for the jurors what's depicted there it was information for the paramedics that police had the male restrained on the ground and incidentally are you able to tell you know who called that in whether it was or which Squad it was I would be able to if I read the portable number but I did not but not on this uh not in this printout correct correct sorry so then um the next line down at 20 28 36 do you see that yes can you describe for the jurors what that line has there so we first start out with a different um number so the long numbers with all the zeros and then that is a paramedic writing into the call and it says rig 412 is requesting fire code three so we're adding additional agency to that now explain why like zms different than fire yes household EMS we have two different um EMS companies we work with North and then Hennepin County Hennepin EMS um and this is them writing in here adding the additional firefighter is clearly firefighters but they are medically changed they can be anywhere in the city close to within four minutes so this is the paramedics calling in additional support for support from the fire department correct and and then if we skip down two lines to 20 31 12 tell us what's listed there per engine or rig this is the paramedic rig 412 EMS is now located at Parkin 36 so they no longer are on scene and so for those last two lines we've looked at the EMS people are sending information to you or to this call center everything's shared so we have a shared um computer system that we use and when you start adding additional agencies everybody gets the same information so that everybody can be informed on what's going on and so this information then as well goes out to the fire department correct is a separate thing you have to do or is it automatic as part of the sharing it is a automatic Thing Once you are adding the agencies so fire would not be able to see that unless they had their own call and so the line above that is the multi-agency fire is adding fire in correct and so skipping down a couple lines now to 20 3302 can you describe for the jurors what's in that line it says via metcom EMS would like the fire department for patient condition at the requested location and this is something you dispatched out correct and so that's what's the import of this information what's being communicated here I no longer knew what was going on and I asked our partners our agency other agencies via metcom it is a resource Group that we have that we can connect radio to radio instead of phone to phone it's faster and I asked them what was going on and that's what they told me so I put it in the call so that everybody had that information and the next line down at 203410 can you describe where that information is coming from it's coming from the paramedics and it says full arrest so that's something they're reporting into this shared our shared system uh full arrest correct and the next line after that 20 30 4 30. again uh from coming from paramedics or their um they said engine or rig for 12 the paramedics are working a full arrest and the next line down again now is you calling in are you handling this information correct yes and what are you dispatching out there all right and information that the fire department is in route to park in 36. and then the next line down 20 30 607 that is a different um ID number and it starts with f which means it's coming from one of our fire dispatchers it says engine 17 fires two minutes out to 36th then Park the next line down if you could just describe that for the jurors the 2048-23 that is EMS transporting to HCMC and then finally this last line at 20 50 506 in the column after the time 330 correct yes so what does that mean with that code being there that the information that they provided right so is this 330 calling in uh they didn't call in this is information they put directly into the call all right how do they do that they have their computers um it's a laptop I believe in their cars that they're able to provide information that way too and so on this line it references the status of the AP do you recognize the abbreviation AP yeah okay okay you don't know what that refers to yeah okay and so this is really a timeline of what happened during these calls correct correct so during this call you know why we're here today of course because of this incident correct correct you have since learned the identities of the officers involved correct on May 25th of 2020 did you personally know any of those officers no and during this time of this call did you have some opportunities to look at Street video from this location I did can you describe for the jurors and how you came to to see that while working at my position we have two cameras or two TVs on our walls uh one on both sides of the wall so either side of the room can see while I was dispatching calls because this call was not the only call that I had to dispatch to officers in different precincts I noticed that the cameras were up at 38th in Chicago and that we were able to see what was going on and did you recognize what was depicted in the video for the most to the best of my knowledge and it was Cup Foods in the video yes did you recognize that as Cub Foods yes that seemed was that consistent with what you knew to be 38th in Chicago yes and so did you also when you observed that see some police officers yes and can you just describe when you first looked up there in general kind of what you saw when I first I just saw the squad car I didn't see the police officers and did you watch this video feed for a period of time I went in and out of the camera and and being able to pay attention to it I did not watch the whole video or as it was happening I did not watch the whole time and why not I still had calls to take care of and and things to give out to the police officers so we've marked a copy of that video do you have a chance to view that before coming into court today yes yes and you understand that we cropped it in the sense of on one side of the video there's a huge sign that kind of obscures that whole area but the rest of the video does it fairly and accurately depict what you are able to see correct and um so your honor we would offer what's been marked as exhibit 11. any objections at 11 is received all right so what I'm going to do is I'm going to start showing exhibit 11. and I'm going to let it run for about 15 seconds and then I'm going to pause it okay if you could do that please all right so I'm going to have to pause it right here now as I said other than cutting out the big sign on the right side does this fairly depict what you were able to see when you looked up at the at the screens in on May 25th of 2020 regarding this incident okay and you said when you first saw it there were no officers now we obviously have seen some officers walking into view were you still able to watch it at when they did walk into Butte I was in and out of this video so I do not remember them walking to the car all right and um what do you remember you know seeing the next time that you looked up I believe they were getting into the back of the squad car and um do you remember then the next time that you were able to see it generally what was depicted I believe they were still trying to get into the back of the squad car it was moving a little bit and then I went back to my screens and I think what I'd like to do is have this run and if you could just watch the video and tell the jurors you know when you were able to look up what parts that you remember seeing that day during your shift okay okay all right I believe this is close to where I started watching so obviously you can see some police officers here did you recognize them individuals individually and then I know I've only I didn't watch that much and then the next time I looked they were opening the door I do remember that which door do you mean the driver's side back seat this is what I remember seeing so for the record we see the officers now trying to put Mr Floyd into the back seat correct correct the time stamp on the top for the record reflects about 8 17 in 10 seconds when you said that approximately yes now the officers have opened a rear passenger door do you remember seeing this part of the video yes maybe I remember seeing the squad move and what do you mean by move so like now you can see the squat is moving back and forth it's not like being driven but moving back and forth right and for the record now the time stamp at the top is 8 17 50 approximately and I know I wasn't able to watch all of this so at some point here you had to turn away and do your job yeah okay and do you remember what uh was the next thing you remember seeing the next time I remember looking up is they had moved from the back of the squad to the ground so when you see that let me know and we'll just make a reference to it at that time okay okay I don't exactly know when they moved to the ground I just know that when I looked up right we were no longer in the back seat because you've told us that you remember seeing them on the ground with them I want you to point out the time in the video that looks familiar to what you remember seeing when you say that you saw them on the ground with him just so that we know okay okay I believe this is when I started watching again so for the record the time stamp at the top reflects 8 19 25. so this is what you mean by them having them on the ground correct do you recall uh how long you were able to watch um around this time no honestly I was in and out of looking at the cameras and then going back to my screens to make sure I wasn't missing anything added remarks getting out calls and then would go back to the screen again now and actually I think what I'll do is just pause it here um after seeing this at some point then did you look back to the screen to to basketball working no back to this video of the scene I was in and out of looking at this screen and then my my work and at some point then did you go back to this instead how did it appear at that time when when you went back to it it had not changed and what do you mean by that they were still on the ground the whole situation was still on the scene had there been other changes to the scene were there other people I didn't pay attention to the surroundings of what was going on I just know that they hadn't moved all right and but at some point did you see other like citizens in the video there I cannot remember seeing them I just remembered looking up and seeing that the situation hadn't changed do you recall approximately how long that was no it was long enough it was it was long enough that I could look back multiple times and so when you did look back still on the ground like depicted here essentially correct and what did you think about this when you look back and saw that it hadn't changed I first asked if the screen said Frozen why did you ask that because it hadn't changed okay did you find that it had Frozen no I was told that it was not frozen did you see the screen change yourself yes I saw the person is moving so what did you start thinking at that point something might be wrong why um we don't get these videos often or you know video at all unless it's looking at the bridge or just looking at people walking we very rarely get incidents where police are actively on us um and they had changed they had come from the back of the squad to the ground and my instincts were telling me that something's wrong something has not right I don't know what but something wasn't right in what ways was not were you thinking that something was not right it was an extended period of time again I can't tell you the exact amount of time uh and they hadn't told me if they needed any more resources it's um to multitude of different things that ran through my brain but I became concerned that something might be wrong wrong with with what what are you thinking it was a gut instinct of in the incident something's not going right whether it be they needed more assistance or if there were there just something wasn't right I don't know how to explain it it was a gut instinct to tell me that now we can be concerned and what did you decide to do I took that instinct and I called the sergeant and do you recall who the sergeant was that you talked to it was Sergeant Pfluger and um why did you call a sergeant the sergeant is the police officer supervisor um you're not a Minneapolis police officer no you haven't gone through like the use of force training no but in your experience you felt something was wrong here that a sergeant needed to know about correct um if this was a form of use of force I was calling to let them know why would you involve a sergeant in a call that might involve the use of force sergeants are are usually always notified for use of force and so did you in fact call Sergeant Luger I did if you ever in your career before called a sergeant for something like this multiple for an incident like this right to be exact no um where you had this Instinct and felt something was wrong and you needed to call a sergeant about if you ever had that incident or that situation before this incident if something was wrong with a call yes if and not I don't know how to say this not if I can call the sergeant for anything because they are of a resource and if I'm wrong then I'm I'm wrong um but I can call them regarding calls if something doesn't look right in a call if there's a caution note if there's something that they can do beyond the scope of the call I can call them and have you had a chance to listen to a recording of that call you actually made yes and that recording is made as part of the business of the call center records that traffic everything's recorded right and we played a recording of that for you previously yes and it was an accurate recording of your call yes we've now marked that as instead of 12. your honorary would offer exhibit 12. no objection 12 was received and at this time we'll play that call all right 30 44 May 25 2020. this is channel one hey what's up so um just wanted to let you know about the person with a knife at 2602 Bloomington and then I don't know you can call me a snitch if you want to but we have the cameras up for 320s call oh did they already put them in the they must have already started moving him um and 320 over at Cup Foods okay um I don't know if they had to use force or not they got something out of the back of the squad and all of them sat on this man so I don't know if they needed you or not but they haven't said anything to me yet yeah they haven't said anything unless they're just to take account which doesn't count but I'll find out no problem we don't get to ever see it so when we see it we're just well well it's a little different all right thank you 31 33 May 25 2020. so I'm going to walk through that just a little bit at the very beginning you spoke kind of fast and you identified yourself you just described for the jury what you were saying there I told him my name was Jenna and that I was channel one dispatch so meeting the dispatch first third precinct correct and then you talked about something involving a knife is that related to this case at all no that was from some other call correct and then you um you use the term snitch yes what did you mean by that um at that moment it was a word that just came out of my mouth but it's out of the scope of my duties to call a sergeant if Paul if if there was any use of words and so that's what the purpose well tell me what was the purpose of making that call to him and giving him that information voicing my concerns like I said we don't see incidents my job is mainly all listening and by the time you made that call you said something to Sergeant pleager about or did they take them already by the time you made that call were you still able to see the video from the street camera yes the video was still up and what did you see at the time you were making that call that nobody was there so you were wearing an ambulance had come to the scene yes but the ambulance was not in the video at that time correct so that is that the reason why you made a reference to them being gone yes so I was speaking to the rest of my team over there and asking a question to them while still on the phone with the sergeant so probably a better time for me to ask this question but have you ever prior to that date made a call like that to a sergeant no in your job yeah I have no further questions thank you there's nothing should we take our lunch break or would you like to do short cross-examination all right all right uh members of the jury we'll take our lunch break uh lunches should be delivered to your room soon so uh we'll see you at 1 30. hope you see all right you'll be seated Mr Nelson I'm noting for the record that with respect to the exhibit containing the Milestone cameras I have not previously seen the redacted or edited version of that and I think this may come up a few times during the course of this trial even uh the cad report is was redacted so I don't know how for cross-examination my copies of these exhibits are different from what's being admitted and so my concern is is I'm asking the court to either instruct the state to give them copies of these redacted things so I can control them or to utilize the state in terms of pulling some of these things up for cross-examination Frank Minster Slusher if I made your honor again exactly what all right all right anything else for the record before we take our lunch break recess until 1 30. thank you thank you foreign foreign everybody died foreign foreign oh right there thank you going out of here laughs a lot of things right there foreign foreign foreign foreign thank you foreign over here thank you thank you foreign foreign enough I don't know foreign foreign foreign foreign foreign all right thank you I don't know foreign thank you what are you waiting on man foreign all right thank you thank you foreign all right normally I'm used to seeing you guys all set up ready to go blocking the streets my family they're chilling at home right now oh no I'm saying it was a good thing security guy and they go home foreign stickers foreign I don't know like sit down I'll be here oh my God foreign get off again oh foreign foreign foreign it is shut the up every day yes I told him fishing with it let's go get out here people change the progressive ways again again that way bro I know gonna start hustling we're gonna shut the Sleep down I know that much I'm gonna count 20 cups foreign enough everybody got to get a pass you feel me it's like you gotta pay a fee they don't update questions foreign foreign hey there um that's all free thank you I'm free thank you thank you oh great hey bro foreign you whatever thank you one peppers oh yeah thank you yourself home for Justin Bieber oh that's myself um all right okay thank you thank you man declare war we declare war on this oppressive system oh yeah that's true look up we're here we're here foreign thank you thank you all right how do you spell racist how do you spell racist how do you spell racist foreign hookah thank you fair enough I think I might get my mom forget it baby good morning absolutely yeah oh God foreign oh my God foreign everything um out here foreign you have been a 911 dispatcher for approximately seven years at this point is that correct and I just kind of want to roughly go back over you've described sort of four areas that you do correct correct so as I understand that the first area is there are days or shifts where you have you may be the actual call taker is that correct correct and so as a call taker someone a citizen calls 9-1-1 you pick up the phone and respond to whatever that call for services is that correct correct and then you'll type it into a system that information will get sent over to a dispatcher correct correct and the dispatcher is the person who is in charge of communicating with and assigning officers to calls correct correct and there are days when you show up for work and you're assigned to be the dispatcher correct correct um you also described a third part of your job is to be the fire dispatcher which is separate from police correct now in preparation for trial I believe on March 2nd you met with members of the prosecution team correct correct and you made a statement uh apparently made a statement that police is more fluid than fire what did you mean by that correct so when fire calls come in they let's start over there are most generally not times where the fire department comes upon an issue it doesn't happen often but it does happen where we can assign a rig that's come across someone who might be down on the ground or anything like that but when a structure fire comes in it's not because they were out driving around it's because someone called Soft Flames or smoke whatever prompted them to call and then we send the Rings to where they need to go okay so basically whereas police they may be driving around and they may just see two people fighting on the corner stop and have to deal with it right correct and so um dispatching to police officers is a different process than dispatching to fire you are correct all right so we've got the call taker the dispatcher the fire dispatcher and what was the fourth aspect together we call it our channel seven it's an information channel uh we mainly use it for officers coming in for off duties okay or when someone reports a Lost Child we have dirt different um computers that we use to make sure we can log them appropriately in our National Database okay so um the channel 7 responsibilities may include when you say off duties those are police officers who are hired as security at local businesses things of that nature yes so even though the officer is not on duty as a Minneapolis Police Officer a business hires them and they still act as a police officer correct correct um now and then there are those other the Lost Children things of that nature yes right you also described that the City of Minneapolis is comprised of five precincts correct you are correct uh first precinct being downtown is that correct yes and downtown is broken into two sectors correct correct and then you have the second precinct which is the Northeast right correct the third precinct which is the southeast right the fourth precinct which is the North Minneapolis Northwest side of the city right correct and the fifth precinct which is the southwest side of the city all right and each of those five precincts like the first precinct has two sectors the fourth third precinct you said had four sectors right correct and um so essentially there would be two squad cars downtown Ford in Southeast Minneapolis and that's the totality of the police force and those two parts of the city I mean as far as Patrol Patrol at certain times it can be more it depends on the shifts and when they're on so there may be an event or a concert and they may bring in extra people or something's going on where they would need extra officers correct and oftentimes there are fewer officers than are assigned sectors correct there's usually always at least one Squad per sector okay um but those like officers call in sick or they go on training and so the the numbers of officers on the street at any time shifts from time to time correct and it's fair to say that as a dispatcher you you're not a police officer correct correct you have not been through the police academy through police training things of that nature correct um but you and you don't know all of the police officers in the City of Minneapolis right no okay um now in terms of uh your uh previous testimony you indicated that listening is a big part of your job yes you said that the majority of your job is done by listening can you explain what you mean by that we are in a room with no windows we we work off of a phone and a radio the majority of our time the other times will be only if we had some kind of video to show us anything like that then other other than that we are always on a phone or radio okay okay now um You said that there are six televisions you believe in the dispatch room is that right um throughout the whole Center there's six on the walls two large ones on the ends and then there's one in fire okay um so nine total nine total sorry I have to do some quick math um the I'm just trying to get this set back up here if I may have just a minute okay um those televisions don't have the City of Minneapolis cameras up all the time do they no they do not those televisions may have other information up they may be off I mean they're not constantly on all the time uh they're always on but you are correct they're not always on cameras we have other information that we put on those screens that we can have constantly running as reminders we also have other screens that we utilize throughout the day too all right and then in front of you you have four or five different computer screens itself it sounds like it's a very you know moving job right um now the how you testified that it's very rare that you actually see an incident that you've dispatched on these City cameras correct um like does it happen once a year like is this the first time you remember it ever happening how rare would you say it is um can't be specific but there might be in the whole time that I've been a dispatcher maybe three to four calls that I've seen on our TVs okay and usually correct me if I'm wrong the reason that may be brought up is because there's something that triggers someone to operate that camera and put it up right correct so you don't control the cameras you are correct you don't have access to the cameras through any of the screens in front of you is that right um someone else who may be like a manager or a supervisor has to do that correct all right um but this incident was specifically brought up on the cameras right yes all right um no no I got thistle you also um were previously interviewed in connection with this case by a special agent Brent Peterson is that correct yes and that was back on June 9th of 2020 at approximately one o'clock right yes and that was at the FBI field offices or where was that it was over the phone I was not in town okay so you had a phone interview with agent Peterson and I believe you um had your union lawyer or something with you as well right correct okay so you on May 25th you were channel one dispatch that covers both the second and third precinct correct correct and there again the four sectors of the third precinct Squad 310 Squad 320 Squad 330 and Squad 340 right and you didn't necessarily know who the officers were assigned to those cars correct have you subsequently learned who the officers were who were assigned to those squat cars yes so who was assigned to squat 320. King and Squad 330 was officer Chauvin and officer top correct that's correct and the other cars did not come right uh Squad 310 or 340 were not on scene right and ultimately um 8 30 did you identify who Squad 830 was for the Park Police I didn't now when this call initially came in you again were not the call taker this day you were the dispatcher right correct and so the call taker comes in takes the call you see the information that the call taker puts into the computer system correct correct and it's fair to say that that information is also being seen in the squad cars of a Minneapolis Squad card right correct so when the call taker types in this information it's visible to the officers in the squad car yes and it allows them to respond as well you can respond lots of people can respond to various calls right correct all right I am going to go back to the Court's permission I believe this was exhibit 151. which was the computer aided dispatch can you see that in front of you yes all right let's see if I can get rid of some of this stuff here all right okay so the call initially comes in at 802 and 13 seconds correct correct and as you described that uh the caller reported that outside a uh the reporting party that there's a mail provided a counterfeit Bill to the business suspect is a black male 600 plus I mean six foot or higher yes okay sitting on top of a blue Mercedes-Benz ML320 with the particular license plate and it also noted that it appears this person is under the influence right correct so at the time that the call came in you would have seen that this person was suspected to be under the influence by the call caller right as would the officers in their cars correct and so you indicated that you had initially radio did you say you radio dispatched Squad 330 to this call initially yes right and that was because and do you recall where they were at the time you dispatched them no um excuse me back in June 9th when you spoke with officer Peterson or agent Peterson with BCA would you dispute me if I said you told him that they were at the precinct at the time of the call I would not deceiving you okay and so it's at that time you you believe that Squad 320 which was the sector car was tied up but they had not cleared something from the computer is that right right they were still on uh call that they had been working on so let's talk about when an officer finishes a call is there something that an officer is supposed to do to say hey I'm done with this call I'm on to the next one it is they can either clear over the radio with us clear me whichever report advice send whatever there's a multitude of things or they can clear themselves on my screen I have a status screen that shows me when a car is clear when a car is in route when they're on scene and when they're code for okay and so on one of these screens that's right in front of you you have some sort of representation of each of the sector cars that you're responsible for dispatching so if for example you have a call in sector 310 and 310 is already occupied with some other call you can send 320 or 330 or 340 or even somebody from a different Precinct or sector correct um from a different Precinct it requires more conversations with a sergeant to pull response cars it's uh Paula's urge a policy of calling people and getting their permission to use their cars but yes if someone is busy and I don't have a 360 or whichever Precinct 60 car to use then I have to go to the closest available or if there's no one who's close and I only have one Squad available that's the person that has to go okay so when you are looking at your computer screen do you see all of the precincts cars at like and their availability or do you only see the second and the third precinct I only see the second and the third okay okay now so you indicated that um ultimately uh Squad 320 kind of took the call back right correct they said hey we're clear we're gonna go handle this call at the Cup Foods correct and you you're familiar with the uh you said you were familiar with the 38th and Chicago intersection correct and um does it get a fair number number of police calls to that area that I don't have the statistics for and I wouldn't be able to Rattle off of a yes or no okay in the last year yes before that I wouldn't be able to tell you okay um now squat so again Squad 30 was ultimately excuse me Squad 320 was ultimately backed up with Squad 830 the Park police and Squad 3 30 officer Sherman's right correct and again you do you recall why you backed these officers up initially I believe I heard a loud something in the background I couldn't I would have to be reminded of what exactly I heard but it was loud and so until they were code four I started a squad to back them okay so correct me if I'm wrong you can't just hear what an officer is doing at any given time listen in on their be on their no they have to radio us to let us know um what's going on all right so when an officer pushes his button on his radio or however they do it um it opens up the air or the microphone so to speak and and that's what you're talking about you're trained to listen right correct and when you spoke with agent Peterson do you recall telling him that you heard loud lots of yelling and things of that nature at one point when Squad 320 said they were taking one out I don't remember specifically if I believe I spoke told him that because that was the reason why I asked for assistance right Squad 320 didn't call in and say hey we need help you heard something that was concerning to you and you sent help correct and then when they said they were taking one out I had they said that first I would have also started it then right and so Squad 830 was the first to respond yes and I believe that they responded let's see at 8 10 and 38 seconds right these actions right here the one with my numbers where it says backed up with 320 or 320 with 330 and 3 30 with 8 30. that is me using my tools at dispatch to just back them up I don't have I don't see the arrival times on here okay um so this uh you see here 5 25 at 20 12 21. 320 C4 that's code four correct meaning all clear right to my understanding yes and then 8 30 out with 320 at 12 at 2012.55 so roughly 40 seconds or 34 seconds later Squad 320 or excuse me Squad 830 is out with 320. okay right and then you got a there was an inquiry to get some information right and ultimately then at 8 20 and 11 seconds there was a code 2 call for a mouth injury right correct meaning code two again meaning just come in the matter of due course and don't no need to rush 13 yes routine right and then at 20 21 35 so again about a minute and 24 seconds later Squad 330 EMS code 3. correct so someone assigned to squat 320 either officer Shogun or Tau called EMS and stepped them up to code three Squad 330. Squad 330. right right which one would be officer Chauvin or officer Tom correct all right and they um code three means get here as quickly as you possibly can right correct lights and sirens correct at now this particular uh this particular document exhibit 151 does not have the arrival times correct not printed on it no all right are you familiar with other documents uh or other printouts that would show various arrival times yes and it would show other people who are associated with the case like what time like who is assigned to which particular squad car yes um if I may have just a minute if we could take this down your honor Mr Frank I'd be referencing bait stamp 7438 for your information is uh would it would it refresh your recollection or would it help you to identify arrival times if you were to look at what's called an incident detail report yes I'll ask you if if you can show this screen to put the witness this hasn't been offered your owner I'm sorry thank you oh those screens but not available if I may have a minute all right now the incident detail report has a much more detailed time of like first key stroke of when somebody starts typing what time officers arrive every single time is documented very closely correct correct now would you disagree if I told you that the phone was picked up that from the 911 in 15 seconds I can't disagree with that okay and I know that you don't have this right in front of you because of some redactions I just have to walk you through this these times okay um would you agree or disagree or would you agree that the first unit was assigned at 804 and 28 seconds yes and that that would be Squad 330 was in route at 804 and 28 seconds correct and then 320 took the call at 805 and 11 seconds and indicated that they were enrollment so very short time right very short time would you agree that if I told you that Squad 320 arrived at Cup Foods at 808 and 10 seconds correct Squad 330 being assigned to Derek Chauvin to Tao Squad 830 being assigned to Peter Chang of the Minneapolis Park Police Squad 320 being assigned to officers King and Lane correct no in terms in terms of that another foreign foreign to your honor needs to play to them just to speed this process up anything else that's fine here all right so for purposes of stipulation EMS code 2 for a mouth injury was called at 8 20 and 11 seconds EMS code 3 from Squad 330 was called out at 8 21 and 35 seconds foreign the arrival time of EMS 8 28 and 36 seconds so 8 28 and 36 seconds EMS arrives correct correct and then EMS didn't stay on scene right no they left and they indicated that they went to 36th and park right and they didn't go to 36th and park did they emails that's that's where I believe they were okay okay um so to your your belief they went to 36th and park because that's what they called out correct correct um do you recall fire having trouble finding EMS at 36th and park yes okay because they didn't go to 36th and park they went to 36th in Chicago correct I don't I don't I actually don't know that's I after those comments I I did not know that's where they went okay so ultimately there was some confusion between fire and EMS about where EMS actually was and you heard that radio chatter I heard the I asked the questions on metcom which is reflected in there and then relayed the information that I had of 36th and Park which was also added into the call other than that I didn't know their locations okay now ultimately um you said that you were watching this video and you were still I mean you were still watching your rest of your work right correct I was actively still working so you're look up for a couple seconds look down do your work look up look down from time to time throughout the course of this incident you're correct and so it's fair to say that your attention wasn't necessarily focused directly on the cameras and what you were seeing correct and you but it was concerning enough to you what you did see that you called Sergeant Pfluger of the Minneapolis Police Department third precinct right I was concerned yes because of the time of the length of the incident had not changed okay okay so you called and we listened to your um video or the audio of your call with Sergeant Kruger and you called Sergeant Pfluger at 8 30 and 44 seconds is that the time of the call correct 20 30 44. yes and that's the first time we spoke so the first time you spoke was at 8 30 and 44 seconds and in fact during that phone call you were you must have looked back at the camera and saw that they were all gone at that point correct because you're like you said something to the effect of oh wait they're all gone right correct and um your time that you had uh called into the the metlink was at 8 31 and 12 seconds does that sound right to you for the metcalm hail right correct then ultimately Squad 330 indicated that they were going out to check on the status and it says AP of the AP that's something that Squad 330 typed into the system correct and that was at 855.08 right now again you were concerned because of the length of the time that you saw this incident on unfolding right correct and I think you said that at one point you thought maybe the camera had even Frozen correct right because it seemed to be kind of prolonged right you can't hear anything on that video could you no you had no idea what officers were talking about amongst each other or what they were talking about with others who were present right you are correct and again um you not being a Minneapolis Police Officer are not familiar with the use of force requirements correct they're correct all right but you are aware that when uses of force are made or used um sometimes you'll hear dispatch the officer call for a sergeant because they need someone to review a use of force right right and you at the time you called officer Pfluger or Sergeant pleuger you hadn't received any sort of a dispatch from Squad 320 Squad 330 or Squad 830 hey we need a sergeant to review the use of force you are correct now every single time the Minneapolis Police Department uses Force do they go through the dispatch process of over using the radio well to get to the sergeant to report the use of force as far as I know okay okay so you don't know whether someone called up Sergeant Pfluger on a cell phone and said hey we need you down here correct and so because at 8 30 when you called Sergeant Pfluger you had not yet heard that dispatch right correct and sometimes when a use of force a current incident occurs that call may be to the sergeant to review the use of force may be fairly quick and sometimes it may take a few minutes right that's true and it just depends on the circumstances and the situation right correct now you indicated that um there were these TVs there are more cameras within the City of Minneapolis than six or nine TVs Worth right yes are the televisions like are they split screen where you can see five or six cameras at one time where are they is it one big TV with one big camera uh it is split screens and then you can go into different camera views okay looking back through my notes when you watched um the video here in court all right you said that it was similar to the video that you had watched previously right yes um would you agree with me that the video that we just watched in court seemed to be moving very slowly in terms of kind of choppy Pace Pace um yes right um so an incident that you watched you watched it in real time subject to a few seconds of delay for the signal to get through right correct so I'm gonna see if it makes a difference if we look at it on my computer if we could uh this is exhibit 11. yep it should be plugged in can we put it up there we go it's day one your honor all right so now when you watch the same video seems to be moving a little faster time correct because these cameras actually transmit real-time occurrences correct and you said that you um first kind of took notice based on your estimate at 8 17. so I'm gonna just skip forward this is 8 17. and 38 seconds so this is 8 17 in about 30 seconds and this is when you first sort of took notice of these cameras on the squad car right at the call center now in terms of the pacing of this is this more consistent with real time yes and one of the things you ultimately told agent Peterson was how you noticed how the squad car was rocking back and forth during the struggle correct if you could just watch this and tell me when you start to see that happening well it's currently shaky and now currently shaking and by rocking back and forth the car is actually going forward a little backwards and it's happening over and over and over again right correct and it's happening happening pretty much consistently during the course of the interaction of the officers right correct and that that back door is opening and closing on the officers right correct now the other things that you notice when you look at this intersection this is a pretty busy intersection right correct lots of cars coming by lots of people wandering about this was May 25th pretty nice spring day in the middle of not long after being a cooped up inside here correct so now ultimately you observed and you saw these officers using Force right or what you believe to be forced what taking him out of the squad right or put or putting them in the squat yes and there was what you observed was a struggle between officers and the person they were arrested right correct and that the struggle ultimately resulted in that squat shaking back and forth correct and when you ultimately called Sergeant Pfluger you you said I don't know if this is a use of force or not right correct and Sergeant Pfluger told you that it could be just a takedown correct and a takedown wouldn't require a supervisor correct ultimately you know that Sergeant Pfluger responded to the scene right and that's is that yes sorry it's okay and that's confirmed in the computer need to dispatcher the incident detail report correct Henry I have no further questions at this time Frank can you redirect discourage just a few follow-up questions I'm going to put 151 back up on the screen for you because I think in the questioning the council to ask you about Matt Lake I think was the term I used I just want to clarify that two points so if we can put and I want to just clarify those times as well so if we go down to the time of 20 31-12 and if we could just expand that out so we could all see a little better please and Council asked you about this 2031-12 and that being the metcalm call um having looked at this you know what time was your metcom call so the information I added was at 2033 for the medcom that is our resource that we use radio or radio in the Metro so we can be quick and be able to get information back and forth so that 20 3302 um what is the purpose of that entry right there what are you reflecting I'm asking basically what is the reason why fire was added I got on there and asked what it what do you need fire for because there were no additional comments of saying why they were needed code three and so what you've typed in there via metcalm is and you're sent out yes yes is to tell what the information that I got uh via metcum was the EMS would like the fire department for patient condition at the requested location of Parkin 36. so that's the answer you've got is that firewant um that EMS wanted them to go there correct so that was information you received before 203 302 but you sent out at that time correct okay they said time of me typing and putting it in there when you have referred to your work duties that day you can take it down thank you thank you um as Channel One um how does that signify you from other dispatchers we have two other channels there's channel two which is in charge of the north side and then there's channel three who has downtown and the fifth Precinct and then we have a relief dispatcher who's there to help us when we take our breaks or when we need to get up for any given reason so when you Dispatch over channel one does that go city-wide or just Precinct wide just on those two precedes I have my own dedicated Channel having been questioned by opposing counsel about your call as you sit here today have you changed your mind about the reasons why you called Sergeant pleager when you did no you were asked about um the number of screens that you have up looking at all this and still being able to see what was going on in this call from the city camera that's been your work set up for about seven years correct correct something you do on a daily basis is keep track of all these moving parts yes and that video that's up there it's not sending out work messages can put up these City cameras correct correct but you don't control that correct do you know who or what office controls that it can change if sometimes the supervisors at our Center can pull up cameras like I said sometimes we put them on there just to see what the weather is um especially if we have inclement weather if there's storms coming through we can see actually how severe they are when people are calling in sometimes they put them up for incidences if we can see anything and those cameras can be taken away from us uh to the fact that the base which is the precinct desk has control over them and can move them to wherever they need to when they need to so what you're saying is that those cameras where they're pointed and when they're available to you can be controlled by members of the police department correct and in your six years by this date and seven years now it's rare it's a rare incident for somebody to to put that incident to put an incident up on the screen like that correct I have nothing further even step down Stephen Collins next Witness thank you your honor your honor the state calls Alicia Euler okay raise your right hand you swear or affirm like a peddling a perjury the testimony of God will be the truth and nothing but the truth have a seat and just to make sure that we can hear you we're going to have you take your mask off I'm going to leave mine on but and before you begin and so we can test out the microphone could you give us your full name spelling each of your names yep Alicia Marie Euler a-l-i-s-h-a-m-a-r-i-e-e-o-y-l-e-r yeah I think I'm going to be pulled up just a little closer to the microwave perfect thank you Mr Slusher thank you very much your honor and Miss Euler the the key I'm going to give you is that when you speak you should be able to hear your own voice over the speakers all right so just lean close enough to the microphone and be able to do that all right uh so first I'm going to ask you a few questions so we can get to know you a little better how old are you 23 23 and are you originally from Minnesota no where where did you grow up no I'm from Arizona I don't like this okay okay I'm good all right thank you thank you and you can even pretend you're yelling at me if you want you want to cure make your voice hit the back of the room all right okay so you said that you grew up in Arizona is that right yeah yep what part of Arizona um just Arizona the whole state yeah okay when did you make your way over to Minnesota I don't know a while ago were you still in high school yeah uh did you attend any schools when you moved to Minnesota yeah where did you go to school in in Red Wing Minnesota where else did you go hey Paul uh what's the last grade you completed through High School 11. okay can you uh tell the jury the different cities or towns that you've lived in since coming to Minnesota I guess Minneapolis Minneapolis and I sue Red Wing for one St Paul and St Paul are you currently employed no can you tell the jury a little bit about the types of jobs that you've that you've held um I used to work at Speedway and which uh Speedway do you recall the location in Chicago right what did you do at Speedway at 38th in Chicago on the ship lead shift lead what does that mean like a not like a regular employee but not a manager like kind of in the middle okay so uh not a lot of us have had the experience of working as a as a shift lead at Speedway so I'd like you to just tell the jury a little bit what what's your day-to-day job like when you when you have a job I work at a cash register I do paperwork if a customer has an issue I handle the issues okay um you also work as a cashier do you have to train other people or supervise other cashiers um sometimes how long did you have that job about a year did you start as a shift lead or did you have a different position started as a shift lead can you tell me uh tell the jury a little bit about the types of hours you would work there it was a full-time job yep I worked 40 hours a week well I did you did yeah okay when did you typically start your shift um two or three to closing ten o'clock ten o'clock was closing was it a pretty busy store um it has its moments okay well I'd like to uh see if you recognize the area first I'd like to show just the witness what's been marked for identification is exhibit one oh farmer okay all right assistant thank zoiler we're ready for you now I'm going to show you the first I'm going to offer exhibit one okay and then I'm going to show you exhibit one if you can take a look at the screen it just this the one in front of you oh all right do you recognize what's shown in exhibit one yeah okay do you see the speedway where you used to work yeah all right so um do you have uh something that looks like this in front of you what I'd like you to do is just take this and see if you can draw a circle around the speedway we're used to work thank you right in the name of the store directly across the street were you familiar with that yeah yes did you ever go in that store were you a customer there not really not really just a place across the street where you worked yeah and then do you see what's uh directly across the street if you cross 38th Street um from Cub Foods yeah do you recognize that building uh yeah I didn't know that's what it was though I never really paid attention to it well do you recall whether or not you were working on May 25 2020 Memorial Day yeah and where were you working at Speedway at Speedway right all right and do you recall when you began your shift about three o'clock and do you recall specifically what you were doing uh at the speedway that day bringing up customers and at the cash register yeah can you just uh again using your stylus point to take it maybe put a little X around the area in front of the store where the cash register would be right right here okay are you able to see the outside across the street from the cash register yes and you said you began working at three I'd like to draw your attention to a little after eight o'clock in the evening that day do you recall something that caught your attention outside of the speedway yeah you tell the jury what uh caught your attention um the police like in that area is always police when did you first notice or where did you first notice the police um I would say like on the corner I diagonal like across the street like right here oops okay and so for the record that's across from Cup Foods across 38th Street in what is labeled on exhibit one as Dragon walk is that right please tell the jury in your own words uh what it is you saw that caught your attention and when you say messing with someone yeah and thank you for not cussing but when you see say messing with someone could you please describe what you mean by that um I don't really know how to explain it just like disturbing somebody before I found out who it was okay now did you eventually find out who the person the police were uh disturbing in your mind who's that yeah had you ever met this person before to your knowledge you've never been a customer in the speedway no okay please describe for the jury what you saw after you first noticed the police having this interaction with the person you've you now know to be Mr Floyd okay say that again can you just describe you know after you first notice the police having this interaction with Mr Floyd what what did you see happen in my handcuffs so where was Mr Floyd when you saw him in handcuffs over here across the street okay in the area where you first indicated by the dragon I believe so yeah and then what did you see happen after Mr Floyd was in handcuffs I don't remember what's the next thing you do remember oh God are you a little nervous today yeah well that's okay just take your time and we have plenty of time to get through this okay um and so just you know backing up you'd indicated that Mr Floyd was in handcuffs and just think to yourself um what you next remember seeing after you noticed he was in handcuffs I think they um ended up putting him in the um the police car thing and which police car where was the police car that saw um the one right across from Club Foods no before you saw that did you see police take Mr Floyd across the street so after you saw him in handcuffs you saw him being taken across the street and then placed in the car right outside of Cub Foods is that right yeah yes yes and uh you own a cell phone correct yeah you owned a cell phone at the time uh yes yes and did you do anything with your cell phone as you began to notice um this incident involving Mr Floyd and The Police was you guys seen that um on the security thing that I had my phone right you had your phone did you do anything with your phone like recording it yes yeah okay um so what I'd like you to do first before we get to the point where you start recording just to explain to the jury what you saw after you noticed the police officers putting Mr Floyd in the car um I don't I don't remember okay I can't think right now well um you indicated that you began recording with your cell phone is that right and uh during the time that you've been uh preparing speaking to the police about this you've provided your cell phone recordings to law enforcement is that right yes yes yes all right and there were a total of seven cell phone recordings that you personally took is that correct yes you've reviewed each of those uh cell phone recordings correct yeah and those cell phone recordings do they fairly and accurately depict what you saw on the street that day yeah and you know two of those cell phone recordings were actually made from inside the store correct yes and then the rest were outside of the store yeah now those uh cell phone recordings individual Clips have been marked and disclosed to council as exhibits to 2 through 8. you wouldn't know that but they have and at this time I'm going to offer exhibits two through eight any objections two through eight I received and then um Miss Oiler you also had an opportunity to review a surveillance video is that right yes and the surveillance video for the record is exhibit 11 uh having reviewed that video did that video sorry fairly and accurately capture things that you observed when you were working at Speedway on the 25th yes and then you were able to review that surveillance video in in a format in which all of your cell phone videos or I guess I should say six of the seven cell phone videos had been spliced into or put next to the surveillance video correct yes and that kind of gives a perspective of when those individual videos were shot is that correct yes and then the combination of the six videos that we've just received in exhibit 11 which has been offered and received would that composition uh better help you and assist you in explaining your testimony of the jury yes all right that for the record is exhibit nine I offer exhibit nine and at this time I'm going to go ahead and publish exhibit nine to take uh exhibit one down and when I when I say publish I mean I'm going to play it and at times I'm going to stop and pause and have you explain some things all right again publishing exhibit 9 foreign I believe we're paused at seven seconds at this point you can see and I'm going to place a circle around some the officers you see them there and are those the people that you saw interacting with the person you now know to be Mr Floyd yeah foreign your first interaction that you noticed was actually across the street like Dragon walk is that right now uh as Mr Floyd's being taken over the car I think that we will soon hear uh your first recording so if we can resume play s after you made that short recording and that was you uh I suppose narrating yes okay after you were narrating that portion you continue to watch yes you know at this time Ms Oiler did you notice any bystanders anybody in the street no we're going to be approaching 8 minute or 8 16 and 30 seconds Ms Euler were you continuing to watch the events as you were working the cash register at Speedway at this time I believe so yes all right now we've paused yet about 8 17. and at some point did you notice some other police officers arrive on a scene Let's uh resume play here okay and let's pause now at this time showing you two other individuals who are joining the first two officers that you saw you notice those yeah and what did you see those two officers do after they arrived let's continue from your Vantage Point inside the speedway were you able to hear anything outside no thank you all right let's pause here for a moment and we're at 8 18 and 10 seconds now as best you can describe for the jury what you recall seeing the officers do with Mr Floyd prior to getting to this point before this point before this point for example did you see uh Mr Floyd get into a vehicle like off of what we just watched what do you recall what do you recall seeing with Mr Floyd and the squad car before just before we get to this point right when I drag him out all right let's uh resume now we're positive about eight almost eight nineteen uh I asked you previously about bystanders and noticing bystanders at some point as you made these observations did you see a crowd of bystanders gather um not to like after after what like after they did the like the yeah okay so at this point you're not seeing a crowd either in the immediate area or across the street at the speedway I'm trying to remember I don't remember okay let's resume play no you keep going all right I'm going to pause here and this is at 8 20 and 20 seconds may ask you some questions about some people again some bystanders uh in the area do you know who this person in the lower left corner wearing sandals and shorts and a black shirt yes no don't recognize them never seen him before do you know the person in the dark shirt a hooded sweatshirt and the blue pants before either thing or how about the child behind her in the green shirt no not familiar with her either no okay if you please resume I'm gonna pause for a moment here uh do you recognize that person that officer do you recall do you recall seeing an officer interacting with a group of bystanders who would later gather I think so can you physically describe that person as best you can remember I don't really know it's been so long do you recall previously talking about a bald police officer I think in one of my videos I was talking to a person officer do you recall as you sit here today when yelling at people like before or after this do you also recall describing a tall officer yeah what did the tall officer do I think you would like I don't remember there's so much let's resume play there's always some going on pause for a moment now what we heard there that was imposed at the same time as the surveillance video was your second recording is that right yes and again that was your voice when you said you said always some yeah right okay uh had you continue to watch these events out the window that entire time yeah watch it out like outside from inside um I think I went outside to smoke a cigarette all right I'm going to ask the play to resume ask you to pay particular attention to your video on the right okay freeze yeah go a little bit further stop all right now I'm just showing you what appears to be a reflection recognize that yeah who's that that's me okay so that's you recording the events uh reflected in the window correct yeah so based on that would you agree that you were inside the speedway at the time this particular recordings yes resume please foreign now can you please explain to the jury why did you continue to record what you were seeing um because I just I always say the police they're always messing with people and it's wrong and it's not right I'm gonna then direct your attention to the right side of the the screen as well you say that you briefly you see that you briefly turned your camera away from the officers in the in the squad car towards the area that's right by the dragon walk is that right and can you tell the jury what you see here um I see people standing there but that's not why I shipped the camera can you explain why you shifted the camera because that's where it started from Okay so we say that's where it started from I think your description initially was that there were some officers who were to use your words messing with Mr Floyd yeah okay and this is the area in which they were messing with Mr Floyd yeah when it started I'd like to resume play again please right let's pause for a moment and you can see that you're uh that had been your second recording has stopped and at this point we're continuing to watch the surveillance video please resume with a good freeze here I've Let It Go just a little further stop so again asking I've already asked you about some of the people in the crowd and you said you didn't know them I want to add some of folks there's a person in a white T-shirt do you recognize that person I don't know that person I've never seen that uh young woman before not before like this um and then I think walking by I don't know if you noticed there was a couple with a child did you had you ever seen them before no and then there's a gentleman here in a dark hooded sweatshirt have you ever seen that person before you know please resume now at some point you indicated that you uh gun outside of the store to smoke a cigarette is that right yeah continue to watch these events unfold as you were outside of the store as you were watching from outside the store did you see any of the bystanders interact with the police officers um I think they were like yelling at each other I don't really know what they said I was kind of too far away couldn't make out any specific words no do you recall seeing a woman with a black shirt and a white headband no because it was like really it's like a year ago yeah go ahead and resume all right if you can pause all right it asked you about seeing a woman with a black shirt and a white headband I'm wondering if now looking if this refreshes your memory at all about this person no from outside then your Vantage Point outside of the speedway you began what is now your fourth recording and I think for the record that starts at about uh was it 825 26 please resume what happened I don't know I know that that the tall dude that's leaning on his feet they had him on the other side of the car and then he pulled him out on the ground his voice was that that was mine okay and were you describing to someone who was standing next to you what you just witnessed earlier yeah okay thank you if you could resume please foreign watching this encounter yeah and you were continuing to occasionally record if you could resume please over here you can pause did you hear that ambulance in the background some point do you recall an ambulance actually arriving I believe so yeah okay it's best you can remember can you describe what you saw after the ambulance got there um I think um the person uh was going on a stretcher if we could Resort the world stop and at this point you can see that the ambulance has arrived and there's a ambulance worker coming out of the passenger side of the vehicle is that right yeah in the time that you've been watching up to this point did you see this individual ever get up from his the first position he was in when he first uh went down um I I don't remember please resume stop all right so so you see that the street camera has now changed positions is that right yeah yes do you recognize that person that's me that's you okay so that's you and you're holding your cell phone yep and that's uh you recording so we can give the jury a good idea of where you were at the time you were taking that and that's when the ambulance arrived you continued to observe uh please resume thank you do you ever see personally observe officers get up off of George Floyd back up about two seconds I think I was more so like I was recording it but I was also like trying not to get hit by the cars coming in a gas station you can resume that please foreign you can see the stretcher is fully out here is that right yeah and then I want to draw your attention again to the last officer closest to the to the head of the individual on the ground uh you see him change position at this point no please resume and then you made your final recording as Mr Floyd was taken from the ground loaded onto the stretcher and placed in the back of the ambulance if you could pause please and then you see that at approximately 8 29 and 29 seconds p.m Mr Floyd is fully placed into the back of the ambulance is that right yeah please resume and at that point if you would pause please at 8 29 and about 52 seconds I believe 52 53 seconds you stopped uh recording is that right yeah yes okay um and you can take that down now but what did you see after the ambulance pulled away um there was just a bunch of people yelling and fighting and I didn't really understand why but now obviously we know why what did you do after you stopped stop after you stopped watching outside went back to work and that would have been around 8 30 I don't remember do you remember when your shift ended uh 10 o'clock so you worked up until 10 o'clock um do you recall what you saw after you left work that day um there was a bunch of tape everywhere and they made me like instead of going down Chicago to go on they made me like go around and like down the street like all the way down I think like 35th because the uh the the scene Ed crime scene tape around it and you weren't able to access it did you make another uh recording of that crime scene tape I think I did and at this time we've already received exhibit seven and I'd like to publish exhibit seven please um yeah that would be good well you know what um I'm almost finished here go ahead yeah if we could just publish exhibit seven oh no I'm sorry that's exhibit eight if you could pause please and uh Ms Oiler you described the scene being taped up with crime scene tape and you weren't able to access it does it show the area where the crime scene tape was yes all right if you could resume play please um what did you do then uh after you made that recording I went home and at some point you were contacted by police officers is that right yeah they talked to you about what happened took a statement from you yeah and you voluntarily provided the videos to them is that right yeah well uh thank you very much uh council is going to have some questions for you but I think we're going to take a break first here let's take our 20-minute break because reconvene at 3 25. foreign thank you okay it wasn't enough excited okay foreign foreign become communities now again foreign foreign good afternoon ma'am I don't know if that's you or me yeah so I'd like to ask you a few follow-up questions if that's okay okay um if the court would uh I'm going to show you exhibit one as we have before and I think that you indicated that you were about right there right when you first observed everything yep all right now can you just describe for me generally like the inside of the speedway like was was you would you have been facing customers looking out the window to your right would you have been standing forward and looking out the window um it would be like to my side okay so if you were in the subway area or excuse me the speedway area right here in this area that you talk about like your back would have been facing that way no yes yes yes and so when you observed what happened over in this area you would have been looking back over your right shoulder yes okay and that's when you first observed that's when you first observed the police interacting with Mr Floyd right yes and you observed uh him get handcuffed or put in he was in handcuffs at that point right yes and You observe them walk him back across the street towards the area here where the squat car was yes correct now again you said that you were working you were taking care of customers things of that nature right yep and obviously we know that you didn't film the entirety of the incident from the beginning to the end right right and that's because you were working right yeah in in part at least and I think as we saw from your video there were cars coming in to get gas there were people coming into the store that type of thing was happening right yeah all right and you ultimately you remember that you gave a statement to a agent with the Minnesota Bureau of Criminal apprehension his name was Brent Peterson would you disagree if I told you that that was on May 28th of 2020. I I don't remember that sure yeah we have no reason it was within a couple of days of this incident right yeah and do you recall telling uh agent Peterson one of the things that you didn't understand was why they took him back out of the car yeah because based on what you observed you observed Mr Floyd get into the car both doors were shot correct and then all of a sudden according to your video the taller officer just pulled him out of the back of this corner yeah all right now you also do you recall testify or telling agent Peterson that the people in this area here there was a female cop I don't remember oh all right yeah sorry um do you remember a female police officer being there I don't remember this was so long ago okay um would it refresh your recollection to review well did you ever have an opportunity to review a transcript or a audio recording of your interview with agent Peterson um we're prior to coming in and testifying were you ever given a copy of your transcript um I've seen it did you read it um no okay would it help refresh your recollection to look at a copy of your transcript not really okay so you don't remember ever telling uh agent Peterson that there was a female officer on scene it could have been there's a lot of officers all right now you testified that you took a first couple of the first two videos from inside the speedway yeah and then at some point you went out into kind of in the middle of the parking lot area right yeah or the entrance where cars would be coming in to get to the gas pumps yeah you were out there on your break right yep and I think we saw base in your video that what you did is you sort of zoomed in so you could get a closer camera view right and you zoomed it to the maximum that your camera would allow you to zoom in yep and from where you were standing ultimately when you were outside you had the opportunity to make observations about what the officers are doing with Mr Floyd right okay would you agree with that yeah and you have the opportunity to make observations about kind of what else was going on right yeah in fact I one of the videos you actually had a conversation with someone else right yeah so if you were standing across the street from where Mr Floyd and the police officers were interacting would have one view but you would agree that when we look at a camera that's just kind of one perspective right I mean I guess but there's multiple cameras though under I understand I guess what I'm saying is that when you're recording your camera is only going to capture what's out in front right yeah but when you're recording you said you were you know looking making sure you didn't get hit by a car right so you have the ability to turn your head from left to right you could look up you can look down you can talk to people and you can look around right okay but your camera is still in that one fixed position yeah all right so you were able to make observations as this incident progressed would you agree that more and more people started stopping and watching what was going on yes there were some people standing in front of you there were some people standing to your right you call that yeah and then obviously there were the people that were closer over by where the officers were as well right yeah and then even on the like kitty corner from where you were right there were people standing there watching yeah and if you went to your right on the other side there were people standing there watching right I think so cars were driving by and buses were driving by right and sometimes cars according even we see in your video they would stop for quite some period of time and then drive off right and would you also agree that as you as this incident progressed proud of people started becoming more and more vocal like what do you mean well they started yelling more I think so so like that first video when you step outside and there's fewer people there's not as many people yelling right yeah but by the end when the ambulance takes Mr Floyd away there's a fairly large crowd out there right right and there's a lot of people yelling would you agree with that yeah and those people some of those people who could tell were upset right right yeah I think you you you said that a lot of people were yelling and fighting right yeah so you get a sense you can get a sense that people were angry okay would you agree with that yeah and that feeling of anger is different when you're there and watching it than when it is when you're here talking about it in the courtroom I don't think so you don't think I think if you're still upset about the situation you're still going to be upset about it understood but in that moment you would you would agree when there's people yelling and there's people driving by and there's people honking right that's a different feeling than you may still be upset here today in court but it's a much different feeling now is that okay would you agree with that yeah all right and ultimately again you took these various cell phone videos you provided them to law enforcement voluntarily right yep and then you went back inside you finished your shift and then when you left the scene was taped off because it was a crime yep no further questions any redirect yeah sure thank you so when you saw the officers bring Mr Floyd across the street did you see Mr Floyd struggle with or resist the officer and when the officers first brought Mr Floyd to the ground and you saw the three officers on top of him there wasn't a large crowd at that time was there I don't think so no in fact that didn't happen until much later correct yeah and you never saw the officers get up off of Mr Floyd until after the ambulance arrived after the stretcher was pulled out is that right uh yep that's what I said in the video we'll show up in the video oh all right thank you you may step down Mr Frank you know the state would call Donald Williams to the stand Ard raise your right hand do you swear or affirm on the penalty perjury that the testimony of oxygen will be the truth and nothing but the truth yes I do sir thank you just to test out the microphone if you give us your full name spelling each of your names our full name is Don Wayne Williams the second uh d-o-n-a-l-d-w-y-n-n-i or w-y-n-n last name w-i-l-l-i-a-m-s the second thank you Mr Frank Mr Williams can you uh tell the jurors roughly how old are you uh 33 okay and what do you do for a living I'm an entrepreneur um professional fighter and a father and what in a father and that takes up probably as much time as all the others yes he does um so you by entrepreneur you have some of your own companies that you run that is correct various businesses correct and um tell us the jury a few words or where you live not your address but the city your town where you live uh I'm in a unique situation but uh I do have a place in Roseville in South Minneapolis and your place in South Minneapolis well are you familiar with Cup Foods that is great and how far is your place from Cup Foods roughly uh not too far from Cubs so like literally yeah like on the next Black too much not too far down so how long have you lived in the Twin Cities area the Minneapolis area Minneapolis 26th everywhere for 33 years pretty much my whole life I'm a city kid okay and Mr Williams well before I forget to ask you you've done some work in the security field that is correct uh been working in security for over 10 years and what does that mean what do you do to work security private security uh worked at the clubs at Pizza Luce um different clubs downtown Minneapolis I worked at Allied security for a year before this situation as well and I've done private security pretty mystically kids as well um so I've been working security for uh quite a few years and so that means everything from I suppose being what we might think of as a bouncer to get and so from being a bouncer to a private security like I said I've been a door guy uh to like uh escorting someone to you know a high profile athletes as well too so many comedians that he came into Minnesota um and like I said some of the high profile kids from Mystic Lake that families on Mystic Lake I have done multiple private Securities for them as well on different events uh throughout Minnesota so for for doing that job do you have to learn some use of force correct uh well my uniqueness is uh I I'm a wrestler from high school that developed into a martial artists so that's what uh helped gave me more of the opportunity to be able to do the private security and things like that and just started connections from the mixed martial arts World from my previous manager to different friends inside of my circle and um when you're doing security do you sometimes have the opportunity to work with Minneapolis police officers that is correct I have worked side by side with Minneapolis police departments and I mean police since I was 21 21 years old uh and then again I'm 33 years old right now I work downtown like Pizza Luce brought me in a couple years ago with one of the top guys Antonio left to go to Vegas and work out in Vegas reached out to me and put me at the door and I was able to control my City because I have a relationship with both sides of the city I don't matter if it's business streets uh friends you know different areas my connection is pretty broad to the Twin Cities so I'm able to talk certain people out of certain situations downtown from there so yeah that's fine yeah okay so um so working security you sometimes work with Minneapolis police officers officers who are also working security that is correct off duty and sometimes when they're called in as police officers to an incident that is correct and since you mentioned the Mixed Martial Arts let's talk about that a little bit um you mentioned also wrestling that is correct and when did you start in the sport of wrestling I started in seventh grade young or seventh grade yeah I haven't heard that yet all right hey soon somebody might be upset if you start calling me um but uh so you've started wrestling at a very young age correct and wrestling is a sport what kind of things you got to learn if you want to be a good wrestler that's great what kind of things do you need to learn uh you need to learn one uh the mentality of being a wrestler you know it's a it's a hard Pace uh different grind it's not really a sports or lifestyle you got to really learn the technique of wrestling you know and then it's different you got to learn the different atmospheres of wrestling as well uh you could be the top guy wrestling in Arena where everyone hates you and you're wrestling against someone everybody wants you to win so you got to be able to absorb all that and be able to move forward and you know perform so those things three things you know and how about the physical aspects of it what kind of things do you need to do to be a good wrestler physically yeah to beat your opponent yeah you have to be able to position yourself your body uh you have to be able to do different circuits different workouts running um yeah just conditioning your body to be able to be elite wrestler is there a lot of using your weight uh to control the other person that is right correct uh you when you first start wrestling you don't really understand the weight shifting you're kind of like falling on over the place but then eventually you learn how to control your weight off of someone else's movement and body movement and things like that so you know the different pressures and you know different um just movement you know and it's called flow wrestling you eventually learn how to flow wrestle um when it comes to that and it's just like not being so resistant to everything you know so you're saying flow f-l-o-w not I could light flow f-l-o yeah flow W I wasn't sure if you said Float or flow so would you tell the Jersey about your wrestling career yeah I wrestled uh Minneapolis Edison High School again I started in seventh grade so I had a fast track and catch up to all the kids that was already better than me because most kids wrestled started at four years old so coming into Edison I uh they were a really good program at the time probably the best one since 2006. I was able to transfer in crack the line up at Edison and I was a multiple State Insurance corporate concept sections Champs and I went on and wrestled in college as well at uh DCTC I wrestled there for one year and then went over and wrestled at rctc which is another junior college so um and from there I just been growing into wrestling learning different wrestling I coach youth programs since I got out of high school and I currently coaching my kids right now they currently wrestling different friends uh kids as well and helped them develop their skills and to do different private lessons and things like that with them so this all started from you know me even a seventh grader playing in the backyard with some friends and they uh that's fine he asked him to explain uh yeah but we're gonna shorten it up a little bit deeper yes sir it also helps a corner Parker who is taking everything down a stenographic machine that way she could get a break between yes yes you're on it thank you so I'm gonna back you up a little bit yes sir just to ask you a couple specific questions you mentioned DCTC correct can you describe for us what that is what that Dakota County Technical College okay so it's a like a junior college senior college correct and the other was rctc Rochester Community College and so you wrestled at the college level correct and at some point did you take up mixed martial arts yes uh well sophomore year at Rochester I'm in a unique situation um Kate with me so uh we kind of uh shipped it towards uh getting our grades together and trying to create a plan to finish be able to wrestle in college eligibility wise um and um I ended up get finding martial arts from different friends like Marcus investors Jack juiceella Jafari veneer and Carrie and things like that that were my coaches at Russell and they wrestling coaching they end up jumping into martial arts and I came back to visit and kind of fell into the martial arts world with him so I mean just yeah yeah so you've done a lot in mixed martial arts yeah yeah so I'm gonna try and you know um walk you through it a little bit but what year was it that you started seriously training in mixed martial arts about uh let's see 22 like 09 ish like 09 you've been involved in it ever since I've been involved in ever since correct continue to be involved in yeah continue to be involved in it as of the last nine months I have not been training okay and ever uh Russell I'm sorry done the Mixed Martial Arts what we call it a fight professionally correct amateur I got 10 amateur fights in about close to 20 professional fights so about 2009 you start correct um through 2020. correct correct how often during that time period are you in the gym training that's uh Monday through Friday like I devoted my my life to uh Miss martial arts and my kids live to me smart shards uh so it was a it's a 40 hours or more a week job at the mini Minnesota martial arts academy I was in there some majority in the mornings from 10 a.m to sometime three in the afternoon training for uh hopefully fight so the Mixed Martial Arts Academy that's the business where you train that is the gym I train it correct and when you were training there did you ever have the well did you ever train with Minneapolis police officers who were there great uh describe that for the jury please um not everybody uh let every they don't always let you know if they're coppers yeah Asian or FBI agent but we all kind of linked together because they're trying to learn how to be able to defend uh different chokes or be able to detain different people so um Greg Nelson which is the head Professor there he's a unique guy he's been able to work close with the military in the Army and the combative team so we get a lot of army Cabello people coming in and training with us just so they can learn how to you know defend yourself in in war and take it and um yeah so I've been training the next some of them for like I said a decade and you know some of them are Minneapolis Police Officers Training them yeah that is Craig and they're not all Minneapolis Police Department here from all different precincts all different backgrounds of uh the law enforcement so when you're training in mixed martial arts uh is part of the ultimate goal to get the other person to submit yeah that's the goal of it of it you know uh everybody gets into martial arts for different reasons you know um as you're rolling and understanding it yes your whole thing is to be able to get the person submit um when you do put a choke or a different submission on them so let me talk to you about that so you're trained on what are called choke holds correct and what kind of training do you receive to do a Chokehold uh you first you go into a basic class they teach you the basic techniques of Jiu Jitsu how to be able to defend yourself on the back how to be able to depend off of a choke and how to be able to put someone in a choke as well and those are some of the basics that we learn from them so if we talk about specifically choke holds involving The Knack correct did you also have to learn about the structures in the neck that can lead to a chokeholder there's air chokes and there's blood chokes and there's limb chokes so explain the first two of them uh air choke is more of um like choking someone they still have air to breathe in there you know and they're able to you know absorb it and feel it you know and then you also have a choke where it's a blood choke where um it's specifically attacks the side of the neck and it particularly cuts off the circulation of your arteries and stops the difference of blood flowing from body to from top of your head to the bottom of your head and sometimes you could getting a blood choke and not know you're in a blood choke until you're unconscious in your training have there been times when you've been rendered unconscious through a Chokehold correct I have been submitted on a professional level in in live matches uh and I have over 30 probably 30s of Jiu Jitsu submission matches where I have got caught in a submission before on a green naked choke and a front choke I only have two it only choked out twice in the Jitsu side but in my martial arts on the fighting side I've in a fight I've been submitted maybe three times on a sideshow so in that training do they have to teach you what that's like so you know to avoid it yes correct so it's a uniqueness you have to kind of like be acceptable to being choked you know you can't just like be you can uh not normal people can just really get choked you got to relax you gotta be able to breathe you got to be able to let the choke happen and you got to be able to know when to actually tap out on the choke because you're you're in practice you're not trying to put this person to sleep but you're trying to get them to understand how it feels to be choked so we do go back and forth choking each other sometimes you'll see why it starts when you get choked and my way helps you understand you know when you went too far you know and some people choke tolerance is higher than normal you know some are really low where when you do put a little choke they're tapping right away and some people will be able to absorb it and actually meditate there because they want to be able to be comfortable in the choke to be able to get out of it in the live action so you use the term tap out and what does that mean so Tapout will be for instance uh so if I have you in submission and I feel like it's getting to a certain point where it's not comfortable for me I just tap my show my opponent and my opponent releases his show and then we're back to crackling again and you know I catch him in a submission if he's not comfortable he Taps and this goes for the neck Limbs and all that so you don't harm each other doing practice what what can happen have you learned through your training and experience if you don't tap out if a joke goes too far uh if you don't have all you can lose Consciousness and you can develop different uh I'm not a doctor but some of these from your brain to your body because of lack of oxygen and things like that so we talked about that a lot but I appreciate you sharing that with us correct we'll come back to that in a little bit I want to take your attention back to May 25th of 2020. you remember that day correct and on that day at some point did you go to Cup Foods great and prior to going to Cup Foods that day had you done any activities with for instance your son correct yeah so earlier today I just went finished fishing with uh some wrestling friends for wrestling family uh me and my son and uh it became uh caught maybe three bass uh throughout their whole day of fishing it's a beautiful day during the day so everybody was on the lake so we went fishing and I caught three bass after we got them fishing rode around a little bit had them fishing a little Bowl on the side you know the boat swimming around the water uncomfortableness um and once we got done fishing we had to you know drain the water take our fish and find somewhere to actually transport our fish back home when you know safe way I guess to their death um so we put them in a bag and tied them up and we pretty much suffocated them on our way home for our ride so that you could enjoy them later yeah so we can actually cut them up eat them and freeze them but you're still in the freezer and um so at some point then you decided to go to Cup Foods why did you decide to go there that day um so I went to Cub Foods because I haven't cut a fish up in about like since I was about like 23 you were gonna butcher at solo grocery store uh so me and the fish had like we were like going through some things and watching this fish actually die and watching him lose his air and watching his eyes actually roll back in the back of his head um so after he got done cutting him up me and my son was actually watching a YouTube channel and trying to figure out how to actually cut the fish the proper way and make sure that we're doing it right cutting the fans off chopping the side of the head off you know laying the fish so I thought I got done done doing that I just needed air for myself so I would went to the store to go get something to drink at the time and I kind of just snuck out from the family one time I got on cutting fish so did you drive there that is correct I did drive okay I'm gonna show you something we've already received as exhibit one on the screen do you recognize what's depicted in that photograph correct all right and this is the intersection of 38th and Chicago where Cup Foods is correct correct and you will notice on the bench in front of you one of these little styluses hopefully correct and you can draw on this and I'd ask you just to show the jurors where you drove up and where you parked is it showing up on there or no I don't see it now I don't see it either oh there it goes came from that angle so about our parked somewhere in here all right so for the record you drove um down 38th Street towards Cup Foods and parked on 38th Mexico foods that is correct all right and I'm going to show you uh some photographs to sort of help illustrate what you did that day all right and I'm going to first here on our offer exhibit 18. no objection 18 is received okay can you put a damp please no do you recognize this photograph this is something we had shown to you before that is correct and who is that in the photograph uh that is Donald Wayne Williams II which is me okay and is that uh you parked the area where you parked on 38th that is correct and that's you walking up that's great and uh can you describe for us what you're wearing the sweatshirt that you're wearing uh North Side Boxing Club so that's not the academy where you're trained that's just another club no there's not as the youth uh gym and so when you decide to go to Cup Foods did you you know get all dressed up and get ready for going out no not at all okay this is just an outfit you threw on that is correct all right when you were um on your way to Cup Foods did you grab your cell phone and take it with you that is great you got it with you yeah that is great all right and um so after you get out of your cars you walked up towards Cup Foods did you notice any police cars in the area that is correct video okay describe for the jurors and kind of what you saw as you're walking up as you can tell by my face is friction um I was kind of like oh police is here and I noticed that there was a two police squad cars out there and I just had a look on my face like oh we're in the city something else is going on uh should I get back to my car or not and what did you decide to do uh my energy just kept pushing me forward and I kept walking and so you kept walking towards the store that is correct I started working towards the Cub Foods entrance and did you end up going into Cub Foods uh no I did not make it into Cub Foods why not what stopped y'all my energy stopped me uh the surroundings saw the the energy of the air just me as a person and people know me personally uh it's just the energy was off I couldn't like get in the door for some reason and then once I realize why so when you came around so cup food sits on the corner correct that's correct so 18 shows you walking up on the 38th Street side correct when you get around the corner what is it that starts to you know affect your energy and your decision to go into the store or not yeah so um was you sitting at the door just like man there's so much going over here do I involve myself because I'm used to I'm usually you know I pay attention to my city so I was contemplated with myself do I involve myself or do I go inside the store um I started hearing different um voices from people that they know you know telling someone that they just calm down everything's gonna be okay and then I heard you know some people say that you know I'm looking for some point for their mother and I heard another voice just saying that you know you should let them up and now you're not resisting arresting there's just certain things that just kept hating me while I was standing here like should I go in the door or not and and did you go into the store then I did not go into the store all right so now I'm going to show you uh well first I will offer exhibit 19. any objection no no please and do you recognize what's depicted in this photograph that is correct and is that you then walking um along Chicago that is great walking on Chicago all right so when you get into this area is this well what are you experiencing right here where you're walking along well again like I said I was just hearing different motions different comments and at this point I just was kind of like deserving so I kind of like slowly tried it over there and we can see in exhibit 19 there's a couple other people on the sidewalk here did you know any of those people as you walked up no I did not know no one out there at all um the first people that you see while you're there um well you stayed at that area for quite a while correct that's great so the people that you first see as you're walking up uh can you kind of describe how they looked or how they appeared to you what who they were correct uh again um I didn't uh I don't know none of them um I just remember off of certain visualization that it was three people outside it was an older guy a younger lady and uh maybe one more other gentleman out there and yeah and then this Photograph also shows in front of you a person with a green shirt do you remember seeing that person no no like she wasn't like him you know she was there but I didn't hear you okay and so you um well from where you are in this Photograph where did you go what did you end up doing well I believe I end up probably standing next to this little spot right here where she's standing at a point I probably was standing somewhere in here after I came from this way and I just sat there and chilled right in this area for a second observing like security officers do observe the scene first before I spoke and as you observed it um what are you seeing and hearing uh well once I get there I hear older guy saying it's going to be okay quizzes and arrest uh they're gonna get you up and put you in the car and uh just hear people different people actually vocalizing their concerns to the officer and um here in George on the ground pretty much pleading for his life Cindy sorry I can't breathe I want my mom just please let me up and things like that so you know while we still have exam 19 now can you show the jury after you got done observing where did you go from there my prayer me episode ended up somewhere in this vicinity throughout the whole time okay and so when you went over by the curb area there what did you see happening on the ground behind the squad carve well before I walked up I I noticed it was an officer standing right here kind of um pretty much dictating the crowd from only standing on this curb right here where they're at notice that part right away and then I finally noticed uh it's gonna be on the opposite side but I noticed uh George's head was kind of sticking out from the side of the car and then I noticed the officer Chavez right here with his his knee circulated on um George's neck but this is all happening on this side of the car all right we'll get to that in just a second while we're still on this Photograph correct um when you went over there initially did you leave the curb and go onto the street uh there is a possibility that I was battling with myself to stay on the curb and throughout the time correct we know later you went under the street area but when you first got there did you stay on the curb yeah when I first got there I stayed right here I didn't move too much right there I stayed here and I might have stepped down once or twice back and forth but I can 100 remember and you saw an officer standing in that area you showed us before did you learn later that officer's name yeah I raised badge his uh um uh radius badge can I say his name right now no but at the time I think that I caught him by his name from his bad he's from visualization to reaching his batch was it officer Tao correct all right and you were able to read that from his badge on his uniform yes how much respect I try to give him and so you saw him there correct and um what did you understand his role to be when you were observing he was a dictator you know if you dictate what went on on a curb he controlled the people he controlled me and he uh he was the guy that Let It Go on why it went on now um you mentioned Mr Floyd where was this individual you referred to as Mr Floyd can you please repeat that sure where was this individual that you you have referred to as Mr Floyd uh Mr Floyd again was on this side of the car angled down at by the tire area in this area but on this side of the car and at this time well prior to coming into court did we show you a photograph of the officer with Mr Floyd on the ground can you please repeat that prior to court today did we show you a photograph of that officer with Mr Floyd on the ground that is great and that that photographed and it fairly depict what you saw when you got there first that is correct okay your honor to the next thing I would offer exhibit 17. any objections now I'm going to show exhibit 17 on the screen and I okay and um so this is what you saw when you came to that area on the curb there yeah this is what I saw and the only reason why he's looking at me right now is because uh I told him it was a blood choke okay we will come back to that in a in a little bit um when you um were there was Mr Floyd able to speak that is correctly um he was speaking in a distress way and what kinds of things ledger to believe he was distressed uh he was vocalizing it to the officer he said my stomach hurt I can't breathe my head hurts I want my mom and um yeah those are the things that he repeatedly said he want to get out the car he said he's sorry for what he did he pleaded with my mans and told him like I'm sorry I shouldn't pretty much have to die and so did you feel like you could have walked closer from this vantage point on the curb I could have I felt that way in in a way but it was a Fear Factor as well and at this time so you would see an officer Tao and you had seen this officer in exhibit 17. correct on Mr Floyd did you see any any other officers at the scene at that time no I did not and so this in exhibit 17 shows the vantage point you had the view you had from where you were standing correct I only had that side view of the two officers in the shoulder length of George Floyd and um when you were in this location can you describe for the jurors what you saw about Mr Floyd how he appeared well let me back up just for a second you've used Mr Floyd's name you did you know him at the time I did not know Mr Floyd at all so you're using his name because you've learned since then who he is correct uh can't go to many places without not knowing his name or seeing his face so when you're in this location you first come up and you're seeing him he's able to speak correct can you describe what you saw of Mr Floyd's condition as time progressed here um as time progressed so when I first like I said when I first arrived in the scene Mr Floyd was vocally live in his uh his sorryness and his pain and his uh distress that he was going through the more that his the knee was blockly on his neck uh and shimmies that were going on the more you seen Floyd fade away slowly fade away and like the fish in the bag you've seen his eyes slowly you know pale out and again slowly rolled of his eyes and he so this is what I've seen this is what I heard and that's how you know what it was like he was going through the stress because of the knee and he vocalized it that I can't breathe I need to get up and I'm sorry and his eyes slowly rolled to the back of his head he seen the blood coming out his nose you heard him tell me tell him before he stopped speaking that my stomach hurts and those most of the times the last bowel movement of your life so from there on he was lifeless he didn't move he didn't speak he didn't have no life in him no more on his body movements during that time period did you notice anything about his breathing that was significant to you yeah so just like in MMA you could tell when someone gets tired or you could tell when someone's getting choked out or things like that his breathing was getting tremendously heavy and tremendously harder for him to breathe and you actually can hear him you could see him struggling to actually gasp for air while he was trying to breathe and I mean he barely could move while he was trying to get here as you were standing there um did others gather around correct at the moment I was the most vocalist person out there pleading for Floyd's life because I felt like it was definitely in a room and um there was at one point in time a medic came unseen and she spoke on checking pulse what made me even go even more harder because I heard it and then I registered in it like oh you do need to check his pulse oh he is not moving like oh you just killed this man you know and so her expertise was like look he's fading away you need to check his pulse she's asking him multiple times I'm asking them multiple times no one checked his pulse do you remember officer Tao saying anything during this time period yeah he um he did what American does and he blamed it on drugs for being a black man on the ground let me just tell you about that yeah what what did he say about drugs he said this is what drugs do to you I replied this is not what drugs do to you so so officer Tao saying that helped the situation no it didn't I I if I'll be honest with you pissed me off more because that wasn't the case you know what I mean so um when you were there um seeing this did you draw on your training and experience in wrestling and mixed martial arts to draw some conclusion about what this officer in exhibit 17 was doing can you go ahead and repeat that yep it's kind of a long question yes it was as you're standing there seeing what you've described to the jury did you draw on your training and experience in wrestling and mixed martial arts to get an idea of what this officer was doing physically there great yeah so like guys I'm standing here and observing everything before I even spoke have you seen a video um I watched what was going on and as he's positioned here before I've been spoke to the officer I watched the position he won of where the position of the net or the knee was on the neck you know to what body movements was going on while he while the knee was on the neck and then three what was the condition of George Floyd while he was going through the the Chris through this torture one was that the neck was diagonal across the throat which on a blood choke you would attack the side of the neck you know and which you're in a Kimura or um or side chokes or things like that you want to attack the side of the neck to cut the circulation of the breathing from your person and then to get the choke tighter you hit different shimmies which I felt the officer on top with shimmying to actually get the final choke in while he was on top to get the kill joke because a side choker a blood choke can ultimately turn into death and that's what we've seen here and so sure is to disregard the last uh statement by the witness and just for the record the last statement about lead the last statement and so did you think you know based on your training experience if this looked like a blood choke that is correct and did you say that to the officer that's correct and how did he respond when you said that to him uh he looked at me right here it's the only time he looked at me when I said it was a blood choke it's the only time he looked up we looked each other dead in our eyes yeah and when I said it he acknowledged it and um like we're looking at each other right here last statement is uh sustain is non-responsive and so when and um Mr Williams from the advantage point depicted in exhibit 17 that officer do you see that person present in the courtroom today that's correct he's standing right there you already asked the record to reflect he's identified the defendant foreign did you at one point tell the officers that you were trained at the Academy that is correct and what did you mean by academy uh assorted for the Miss Martial Arts Academy now as this was happening did you or I'm sorry did other people eventually come to the scene okay that's great and I'm going to show you what's been marked as exhibit 184 before we put that up uh you and I would offer exhibit 184. it's not we'll come back to that later um when this crowd was there do you recall roughly how many people were there no I do not do that um it's uh anytime did you hear anybody threatened to harm the officers yeah um I'm with the alarm I mean some kid came the kid at my called the police I'm not sure exactly when I talked to him after the situation but he did come out once he realized it was going on and he tried he almost like tried to Route the crowd back up and I just kind of like nah chill out it's too late you can't do that just go back inside the inside so that was the only incident I recall of and when you did that to him did he go back inside yeah he went back inside crying he was a younger kid now earlier you mentioned the term shimmy correct time just been spelling s h i m m y good enough yeah I never never gave it a spelling of it and so that's a move that you learn in your training for mixed martial arts holds that's great and what's the purpose of doing a shimmy they choke tighter they close the gap of the air between your arm and the neck and were there times that you saw things that you thought you recognized as a shimmy by this officer I'm Mr Floyd that is definitely correct your honor just for the record we are going to show a portion of a video uh that I think Council will stipulate to its admissibility will lay full foundation for it tomorrow and I'm only going to show a portion of it for this witness today that's exhibit 15. any any objection to the partial exhibit 15 and we'll be received subject to later foundations now Mr Williams you did not take any video at the scene yourself that is correct no video um and uh we had an opportunity to show you a video earlier and did that video fairly and accurately depict what you were seeing there from a live angle yes from myself yes what I'm going to do is play a portion of exhibit 15. and it's the time period roughly when you are there and while we play it I would just ask that you explain to the jury the things that you saw you would consider a shimmy and just sort of explain how what it is that you're seeing to make you think that correct all right yes all right so we'll do exhibit 15 starting at 44 seconds you see his foot is under his toe is pointed down and you will see a small gesture in his back foot like this and that's just the pressure you push more down between his knee George head and the concrete and cutting off circulation all right and we'll continue on that please not relaxed ready to do it again we saw that movement there you just put this down this foot came up off the ground so nobody underground so all the pressure is on his neck and you're talking about the same the foot on the same leg as the knee yep so correct so the same foot underneath so it's like this is a choke here so this is for instance my neck here and then for me to close this I'll show you I'm shooting assuming shimmy and now I close the joke from the side of me and just for the record sorry yeah just for the record you're demonstrating with your arms yeah let me show you with my arms so uh yeah that's choke you know from neck here and for instance my neck would be from here so I would have this across from here and then I'm closing it off here pretty much the angle of this is his knee and then every time I'm shimming I'm getting this right here to close the cap closer within my neck and it's the same way that you can do without having the neck across here so we'll continue on with the video then yeah come on what do you want I can read we just did it again did it again it did it here so what we'll do is we'll wait we've stopped the video at this portion and if you could just explain what you're seeing here correct that uh leads you to believe this is a shimmy Type move so explain now correct Okay cool so um the adjusters and the movements is from his shoulders and the top and this is he's doing it with his knees not you know it's not an actual token with a hand so he's actually putting the same pressure as you would with your neck and you see every time his shoulder is moving pushing that pressure down on his neck from the shoulders to the to the knees all the way from this ankle and you will see his shoulder shift and you'll see the bottom of his knee shift and his foot come off the one time he took his foot off the ground and put multiple pressure now his foot's not on the ground he's driving off his far foot and you know as you're seeing this are you also seeing things on Mr Floyd's face that you testified to earlier correct so let's continue with the video then you can't win my man you can't imagine dude my stomach hurts my everything

Channel: Atlanta Journal-Constitution

Views: 172,060

Keywords: ajc, atlanta, georgia

Id: 98NVpeNH6mQ

Length: 534min 11sec (32051 seconds)

Published: Mon Mar 29 2021