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Crime In George Floyd Trial, Use-of-Force Expert Calls It 'Accidental Death', Justified Response

01:15  14 april  2021
01:15  14 april  2021 Source:   newsweek.com

Police chief: Fired cop broke policy in pinning Floyd

  Police chief: Fired cop broke policy in pinning Floyd MINNEAPOLIS (AP) — The Minneapolis police chief who called George Floyd's death “murder” soon after it happened testified that Officer Derek Chauvin had clearly violated department policy when he pinned Floyd's neck beneath his knee for more than 9 minutes. Continuing to kneel on Floyd's neck once he was handcuffed behind his back and lying on his stomach was “in no way, shape or form” part of department policy or training, "and it is certainlyContinuing to kneel on Floyd's neck once he was handcuffed behind his back and lying on his stomach was “in no way, shape or form” part of department policy or training, "and it is certainly not part of our ethics or our values,” Police Chief Medaria Arradondo said Monday on D

In the trial for George Floyd's death, a use-of-force expert said on Tuesday that it was an "accidental death," and that former Minneapolis police officer Derek Chauvin's actions in Floyd's death were justified.

a store sign on the side of a road: Flowers, signs and balloons are left near a makeshift memorial to George Floyd near the spot where he died while in custody of the Minneapolis police, on May 29, 2020 in Minneapolis, Minnesota. © Kerem Yucel/Getty Flowers, signs and balloons are left near a makeshift memorial to George Floyd near the spot where he died while in custody of the Minneapolis police, on May 29, 2020 in Minneapolis, Minnesota.

While taking the stand in the murder trial against Chauvin, a former Santa Rosa, California, police officer, Barry Brodd said, "That isn't an incident of deadly force. That's an incident of an accidental death."

Key takeaways from Day 8 of the Derek Chauvin trial

  Key takeaways from Day 8 of the Derek Chauvin trial Key takeaways from Day 8 of the Derek Chauvin trial in George Floyd's death Los Angeles Police Department Sgt. Jody Stiger -- a veteran use-of-force trainer, who is testifying as a paid expert witness for the prosecution -- said his review of video evidence in Floyd's arrested indicated that Chauvin was also using a "pain compliance technique" on Floyd's handcuffed left hand.

"It's easy to sit and judge…an officer's conduct. It's more of a challenge to, again, put yourself in the officer's shoes to try to make an evaluation through what they're feeling, what they're sensing, the fear they have, and then make a determination," Brodd added.

According to the Associated Press, Brodd also stated that he did not believe Chauvin and the other officers who held Floyd down for more than nine minutes used deadly force.

"I felt that Officer Chauvin's interactions with Mr. Floyd were following his training, following current practices in policing and were objectively reasonable," Brodd said.

Floyd died in police custody in May of last year after Chauvin knelt on his neck for several minutes. In a video of the arrest, Floyd can be heard repeatedly saying that he cannot breathe and numerous officials with the Minneapolis Police Department, including the chief, have testified that Chauvin did use excessive force in the arrest.

Medical witnesses clash with defense over George Floyd's death

  Medical witnesses clash with defense over George Floyd's death Medical personnel from various backgrounds have testified in Derek Chauvin's trial, painting a grave picture of George Floyd's last moments. Paramedics found Floyd had no pulse upon arriving at the scene, and a respiratory expert said even a healthy person would have died under the restraints Chauvin used on Floyd.

For more reporting from the Associated Press, see below.

Brodd also testified that the bystanders yelling at the officers to get off Floyd complicated the situation for Chauvin and the others.

"The crowds started to grow in size, start to become more vocal. So now officers are always trained to deal with right, so what threat is the biggest threat?" he said.

"Is it the suspect on the ground in front of me in handcuffs that we have relatively controlled? Or is it the unknown threat posed by the crowd that could go from verbal to trying to interfere with my arrest process in a matter of seconds?"

Brodd also appeared to endorse what prosecution witnesses have said is a common misconception: that if someone can talk, he or she can breathe.

"I certainly don't have medical degrees, but I was always trained and feel it's a reasonable assumption that if somebody's, 'I'm choking, I'm choking,' well, you're not choking because you can breathe," he said.

Key takeaways from 2nd week of Derek Chauvin trial in the death of George Floyd

  Key takeaways from 2nd week of Derek Chauvin trial in the death of George Floyd The second week of Derek Chauvin's high-profile trial wrapped up on Friday with testimony from the medical examiner who conducted George Floyd's autopsy. Officials said the former Minneapolis officer violated police policies in how he arrested and detained the 46-year-old Floyd in Minneapolis on May 25.

Chauvin, a 45-year-old white man, is on trial on charges of murder and manslaughter in Floyd's death last May after his arrest of suspicion of passing a counterfeit $20 at a neighborhood market.

Chauvin attorney Eric Nelson has argued that the 19-year Minneapolis police veteran did what he was trained to do and and that Floyd died because of his illegal drug use and underlying health problems, including high blood pressure and heart disease. Fentanyl and methamphetamine were discovered in his system.

As the defense began presenting its case on Tuesday after the prosecution rested following 11 days of testimony and a mountain of video evidence, Nelson sought to plant doubt in jurors' minds.

He brought up a 2019 arrest in which Floyd suffered from dangerously high blood pressure and confessed to heavy use of opioids, and he suggested that the Black man may have suffered from "excited delirium"—what a witness described as a potentially lethal state of agitation and even superhuman strength that can be triggered by drug use, heart disease or mental problems.

Derek Chauvin's defense is using these 3 arguments to try to get an acquittal in George Floyd's death

  Derek Chauvin's defense is using these 3 arguments to try to get an acquittal in George Floyd's death In opening statements and cross-examinations, Chauvin's defense has focused on three main arguments: the "other causes" theory, the "force Is unattractive" theory and the "hostile crowd" theory.A doctor and members of Floyd's family are still expected to testify for the prosecution before they give the defense an opportunity to call witnesses, which could come early this week. Chauvin, 45, has pleaded not guilty to second-degree murder, third-degree murder and second-degree manslaughter charges.

Nelson also elicited testimony from another witness that Floyd panicked and cried over and over, "Please, please, don't kill me!" when officers first approached his SUV at gunpoint on the day of his death.

Nelson called to the stand Nicole Mackenzie, a Minneapolis police training officer, to expound on excited delirium. While Floyd was pinned to the ground, a relatively new officer at the scene had mentioned that the 46-year-old Black man might be suffering from such a condition.

Mackenzie testified that incoming officers are told how to recognize the signs of excited delirium: Suspects may be incoherent, exhibit extraordinary strength, be sweaty or suffering from abnormally low body temperature, or seem like they suddenly snapped.

She said officers are also trained to call paramedics, because a person in that state can rapidly go into cardiac arrest.

Mackenzie testified that she provides training on excited delirium only to new recruits. And Judge Peter Cahill cautioned jurors that there is no evidence Chauvin had the training.

On cross-examination by prosecutors, Mackenzie said she would defer to an emergency room doctor in diagnosing excited delirium.

An expert in forensic medicine previously dismissed Nelson's excited-delirium suggestion during the prosecution's case. Dr. Bill Smock, a police surgeon for the Louisville, Kentucky, department, said Floyd met none of the 10 criteria developed by the American College of Emergency Physicians.

EXPLAINER: Prosecution explores Floyd's 'spark of life'

  EXPLAINER: Prosecution explores Floyd's 'spark of life' MINNEAPOLIS (AP) — Prosecutors trying a white former Minneapolis police officer in George Floyd’s death put one of Floyd’s brothers on the witness stand Monday in a further effort to humanize him for the jury and counter the defense narrative that Floyd was at least partially responsible for his own death due to his use of illegal drugs. Philonise Floyd, who has frequently occupied the Floyd family's sole seat in the socially distanced courtroom, was allowed to testify under a legal doctrine called “spark of life.

Nelson's first witnesses, a now-retired Minneapolis police officer and paramedic, testified about a May 6, 2019, incident in which Floyd was arrested. That was a year before his fatal encounter with Chauvin.

Former Officer Scott Creighton said he drew his gun and pulled Floyd from a car after Floyd did not comply with orders to show his hands. Nelson twice asked questions aimed at getting the jury thinking about Floyd swallowing drugs, but Creighton said he did not see Floyd take anything.

Another witness who responded to that call, now-retired paramedic Michelle Moseng, testified that Floyd told her he had been taking multiple opioids about every 20 minutes.

"I asked him why and he said it was because he was addicted," said Moseng, who described Floyd's behavior as "elevated and agitated" before the judge struck that remark from the record.

Moseng also said she recommended taking Floyd to the hospital based on his high blood pressure, which she measured at 216 over 160.

On cross-examination, prosecutor Erin Eldridge got Moseng to testify that Floyd's respiratory output, pulse, heart rate, EKG and heart rhythms were normal. Eldridge said Floyd was taken to the hospital and released two hours later.

The prosecution's expert witnesses rejected the notion that Floyd's drug use or underlying health problems caused his death. In fact, a cardiology expert on Monday said that Floyd appeared to have "an exceptionally strong heart."

Another defense witness Tuesday was Shawanda Hill, who was in the SUV with Floyd before his ill-fated encounter with Chauvin. She said that Floyd fell asleep at some point and seemed startled when he realized police were there.

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

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

When he saw an officer at the window with a gun, Floyd "instantly grabbed the wheel and he was like, 'Please, please, don't kill me. Please, please, don't shoot me. Don't shoot me. What did I do? Just tell me what I did. Please, don't kill. Please, don't shoot me,'" Hill testified.

Also testifying was Minneapolis Park Police Officer Peter Chang, who helped at the scene that day. He said he saw a "crowd" growing across the street that "was becoming more loud and aggressive, a lot of yelling across the street."

"Did that cause you any concern?" Nelson asked.

Concern for the officers' safety, yes," Chang replied.

Nelson hasn't said whether Chauvin will take the stand. Testifying could open him up to devastating cross-examination but could also give the jury the opportunity to see any remorse or sympathy on the officer's part.

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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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