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Crime Defense set to take turn in ex-cop's trial in Floyd death

07:05  13 april  2021
07:05  13 april  2021 Source:   msn.com

Derek Chauvin trial: A week of emotional and potentially devastating testimony surrounding George Floyd's death

  Derek Chauvin trial: A week of emotional and potentially devastating testimony surrounding George Floyd's death Pain, trauma and regret spilled out from a Minneapolis courtroom during a first week of critical testimony in the murder trial of Derek Chauvin, the former police officer who knelt on the neck of George Floyd. © Pool Minneapolis Police Lt. Richard Zimmerman said Chauvin's actions after Floyd was handcuffed and in a prone position were "uncalled for" and "totally unnecessary." The week concluded with potentially devastating testimony from the police department's most senior officer, who called Chauvin's actions on the day of Floyd's death "totally unnecessary.

MINNEAPOLIS (AP) — The defense for a former Minneapolis police officer charged in George Floyd's death was set to start presenting its case Tuesday, following 11 days of a prosecution narrative that combined wrenching video with clinical analysis by medical and use-of-force experts to condemn Derek Chauvin's actions.

In this image from video, Seth Stoughton, testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool) © Provided by Associated Press In this image from video, Seth Stoughton, testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool) In this image from video, defense attorney Eric Nelson, left, discusses motions before the court as defendant, former Minneapolis police officer Derek Chauvin, right, and Nelson's assistant Amy Voss, back, listen, Monday, April 12, 2021, as Hennepin County Judge Peter Cahill presides over the trial of Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV, via AP, Pool): George Floyd Officer Trial © Provided by Associated Press George Floyd Officer Trial

Prosecutors called their final witnesses Monday, leaving only some administrative matters before they were expected to rest Tuesday. Once the defense takes over, Chauvin attorney Eric Nelson is expected to have his own experts testify that it was Floyd's drug use and bad heart, not Chauvin's actions, that killed him.

Minneapolis officers line up to reject Chauvin's actions

  Minneapolis officers line up to reject Chauvin's actions MINNEAPOLIS (AP) — The parade of Minneapolis police officers rejecting a former officer’s actions in restraining George Floyd continued at his murder trial, including a use-of-force instructor who said officers were coached to “stay away from the neck when possible.” Lt. Johnny Mercil on Tuesday became the latest member of the Minneapolis force to take the stand as part of an effort by prosecutors to dismantle the argument that Derek Chauvin was doing what he was trained to do when he put his knee on George Floyd’s neck last May.

The defense hasn't said whether Chauvin will take the stand.

Prosecutors effectively wrapped up their case with George Floyd’s younger brother, alternately smiling and tearing up as he recalled Floyd, followed by another look at the harrowing video and testimony from a use-of-force expert who said Chauvin's actions were clearly unreasonable.

Seth Stoughton, a professor at the University of South Carolina School of Law, judged Chauvin's actions against what a reasonable police officer in the same situation would have done, and repeatedly found that Chauvin did not meet the test.

“No reasonable officer would have believed that that was an appropriate, acceptable or reasonable use of force,” Stoughton said of the way Floyd was held facedown with a knee across his neck for up to 9 minutes, 29 seconds.

Day 9 of Chauvin trial: Expert witness Tobin says Chauvin's knee cut off Floyd's air

  Day 9 of Chauvin trial: Expert witness Tobin says Chauvin's knee cut off Floyd's air Testimony from pulmonologist Martin Tobin dominated the ninth day of former Minneapolis Police officer Derek Chauvin's trial, as the doctor provided jurors comment about George Floyd's ability to breathe while under restraint. During his time at the stand, Tobin refuted the impact fentanyl had on Floyd's breathing just before he lost consciousness, and pushed back against claims that preexisting health conditions caused his death. The defenseDuring his time at the stand, Tobin refuted the impact fentanyl had on Floyd's breathing just before he lost consciousness, and pushed back against claims that preexisting health conditions caused his death.

He said, too, that the failure to roll Floyd over and render aid “as his increasing medical distress became obvious” was unreasonable.

In this image from video, Philonise Floyd, brother of George Floyd, becomes emotional as he testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool): George Floyd Officer Trial © Provided by Associated Press George Floyd Officer Trial

He said it was unreasonable as well to think that Floyd might harm officers or escape after he had been handcuffed to the ground. And in yet another blow to Chauvin's defense, Stoughton said a reasonable officer would not have viewed the yelling bystanders as a threat.

The matter of what is reasonable carries great weight: Police officers are allowed certain latitude to use deadly force when someone puts the officer or other people in danger. But legal experts say a key question for the jury will be whether Chauvin’s actions were reasonable in those specific circumstances.

On cross-examination, Nelson questioned Stoughton's opinion that putting Floyd on his stomach in the first place was itself unreasonable and excessive.

Expert: Lack of oxygen killed George Floyd, not drugs

  Expert: Lack of oxygen killed George Floyd, not drugs MINNEAPOLIS (AP) — George Floyd died of a lack of oxygen from the way he was held down by police, a retired forensic pathologist testified Friday at former Officer Derek Chauvin's murder trial. The testimony of Lindsey Thomas, who retired in 2017 from the Hennepin County Medical Examiner's office in Minneapolis, bolstered the findings of other experts on Thursday who rejected the defense theory that Floyd’s drug use and underlying health problems killed him.

“Reasonable minds can disagree, agreed?” Nelson asked.

“On this particular point, no,” the witness said.

Earlier Monday, Philonise Floyd, 39, took the witness stand and lovingly recalled how his older brother used to make the best banana mayonnaise sandwiches, how George drilled him in catching a football, and the way George used to mark his height on the wall as a boy because he wanted to grow taller.

In this image from video, defendant, former Minneapolis police officer Derek Chauvin, right, takes notes, Monday, April 12, 2021, as Hennepin County Judge Peter Cahill presides over court during Chauvin's trial at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool): George Floyd Officer Trial © Provided by Associated Press George Floyd Officer Trial

He shed tears as he was shown a picture of his late mother and a young George, saying, “I miss both of them.”

His testimony at Chauvin's murder trial was part of an effort by prosecutors to humanize George Floyd in front of the jury and make the 46-year-old Black man more than a crime statistic. Minnesota is a rarity in allowing “spark of life” testimony during the trial stage.

Philonise Floyd described growing up in a poor area of Houston with George and their other siblings.

He said Floyd played football and deliberately threw the ball at different angles so Philonise would have to practice diving for it. “I always thought my brother couldn’t throw. But he never intended to throw the ball to me,” he said, smiling.

Inside Cup Foods, where it seems George Floyd never left

  Inside Cup Foods, where it seems George Floyd never left Thanks to videos taken inside and outside the Cup Foods store in South Minneapolis, its aisles and customers are now known around the world. It's linked forever to the death of George Floyd and racial injustice in the United States. Yet Cup Foods is still open for business, selling batteries, a pack of gum or a bag of spinach.Once inside, you see the aisle where Floyd chatted with another customer and staff before asking to buy a pack of cigarettes. It's a scene that was replayed in court in the trial of the man accused of killing him, former Minneapolis Police Officer Derek Chauvin.

Earlier Monday, Judge Peter Cahill rejected a defense request to immediately sequester the jury, the morning after the killing of a Black man during a traffic stop triggered unrest in a suburb just outside Minneapolis.

Chauvin's attorney had argued that the jurors could be influenced by the prospect of what might happen as a result of their verdict.

In this image from video, Philonise Floyd, brother of George Floyd, testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool) © Provided by Associated Press In this image from video, Philonise Floyd, brother of George Floyd, testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin, in the May 25, 2020, death of George Floyd at the Hennepin County Courthouse in Minneapolis, Minn. (Court TV via AP, Pool)

But the judge said he will not sequester the jury until next Monday, when he expects closing arguments to begin. He also denied a defense request to question jurors about what they might have seen about Sunday’s police shooting of 20-year-old Daunte Wright in Brooklyn Center.

The Brooklyn Center police chief later called the shooting accidental, saying the officer who fired apparently meant to draw a Taser, not a handgun.

Stoughton, the use-of-force expert, said the officers who subdued Floyd should have known he was not trying to attack them when he struggled and frantically said he was claustrophobic as they tried to put him in a squad car.

EXPLAINER: Judge lets jury decide Floyd's remark about drugs

  EXPLAINER: Judge lets jury decide Floyd's remark about drugs MINNEAPOLIS (AP) — The judge overseeing the trial of a former Minneapolis police officer in the death of George Floyd said Monday that he'll leave it up to the jury to sort out whether Floyd yelled “I ate too many drugs” or “I ain’t do no drugs” as three officers pinned him to the ground. Hennepin County Judge Peter Cahill made the ruling as attorneys argued over whether to allow the testimony of a use-of-force expert for the prosecution, Seth Stoughton, a professor at the University of South Carolina Law School. Prosecutors wanted him to testify from an academic perspective on whether Chauvin used reasonable force and about national policing standards.

In this image from video, Hennepin County Judge Peter Cahill discusses motions before the court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd.  (Court TV via AP, Pool) © Provided by Associated Press In this image from video, Hennepin County Judge Peter Cahill discusses motions before the court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

“I don’t see him presenting a threat of anything,” Stoughton said, adding that no reasonable officer would conclude otherwise.

Stoughton also pointed to instances when Chauvin should have been aware of Floyd’s growing distress: After one officer suggested rolling Floyd onto his side, Chauvin said no. The 19-year police veteran ignored bystanders who were shouting that Floyd was not responsive. And when another officer said Floyd didn’t have a pulse, Stoughton said, Chauvin’s response was “Huh.”

Mike Brandt, a local defense attorney closely watching the case, said Philonise Floyd’s testimony was irrelevant to whether Chauvin caused Floyd’s death, “but it certainly plays on the sympathy of the jury.” He said Stoughton’s testimony gave prosecutors an opportunity to leave the jury “with one more image of the video” of Floyd pleading for his life.

In this image from video, Dr. Jonathan Rich, a cardiologist, testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool) © Provided by Associated Press In this image from video, Dr. Jonathan Rich, a cardiologist, testifies as Hennepin County Judge Peter Cahill presides over court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

“It was the parting shot by the state,” Brandt said.

The judge in the Derek Chauvin case is orchestrating one of the nation’s most widely watched murder trials. Meet Peter Cahill.

  The judge in the Derek Chauvin case is orchestrating one of the nation’s most widely watched murder trials. Meet Peter Cahill. While Judge Peter Cahill allowed cameras in the courtroom for the first time in Minnesota state history, he's also been strict on other matters.That is exactly where Hennepin County District Court Judge Peter Cahill finds himself in the murder trial of Derek Chauvin, entering its sixth week and bringing daily controversy and scrutiny to every step taken in the courtroom.

Earlier Monday, Dr. Jonathan Rich, a cardiology expert from Northwestern Memorial Hospital in Chicago, echoed previous witnesses in saying Floyd died of low oxygen levels from the way he was held down by police.

He rejected defense theories that Floyd died of a drug overdose or a heart condition. Floyd had fentanyl and methamphetamine in his system, high blood pressure and narrowing of the heart arteries, according to previous testimony.

“It was the truly the prone restraint and positional restraints that led to his asphyxiation,” Rich said.

In fact, the expert said, “Every indicator is that Mr. Floyd had actually an exceptionally strong heart.”

On cross-examination, Nelson tried to shift blame onto Floyd, asking if Floyd would have survived had he “simply gotten in the back seat of the squad car.”

But Rich rejected that line of argument: “Had he not been restrained in the way in which he was, I think he would have survived that day. I think he would have gone home, or wherever he was going to go.”

In this image from video, defense attorney Eric Nelson speaks as Hennepin County Judge Peter Cahill discusses motions before the court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool) © Provided by Associated Press In this image from video, defense attorney Eric Nelson speaks as Hennepin County Judge Peter Cahill discusses motions before the court Monday, April 12, 2021, in the trial of former Minneapolis police Officer Derek Chauvin at the Hennepin County Courthouse in Minneapolis. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

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Find AP’s full coverage of the death of George Floyd at: https://apnews.com/hub/death-of-george-floyd

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Webber reported from Fenton, Michigan.

Derek Chauvin takes the Fifth, testimony ends, closings next in trial of George Floyd's death .
When closing arguments are delivered Monday in the trial of Derek Chauvin in the death of George Floyd, jurors will have sat through the testimony of seven witnesses for the defense and 38 for the prosecution. But the jury did not hear from the former Minneapolis police officer.But the jury did not hear from the former Minneapolis police officer, who on Thursday removed his face covering to invoke his Fifth Amendment right not to testify.

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