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US Police and bystander accounts bolster Chauvin prosecution

13:40  12 april  2021
13:40  12 april  2021 Source:   reuters.com

Duty sergeant: Officers could have ended Floyd restraint

  Duty sergeant: Officers could have ended Floyd restraint MINNEAPOLIS (AP) — A Minneapolis police supervisory sergeant who was on duty the night George Floyd died testified that he believes the officers who restrained Floyd could have ended it after he stopped resisting. David Pleoger testified Thursday at the trial of since-fired officer Derek Chauvin, who is charged with murder and manslaughter in Floyd's death. He noted that officers are trained to roll people on their side to help with their breathing after they have been restrained in the prone position.

By Tom Hals

a close up of a person: FILE PHOTO: Murder trial of former Minneapolis police officer Derek Chauvin © Reuters/JANE ROSENBERG FILE PHOTO: Murder trial of former Minneapolis police officer Derek Chauvin

(Reuters) -Prosecutors will rest their case this week against former Minneapolis police officer Derek Chauvin in the death of George Floyd, bolstered by police testimony and emotional eyewitness descriptions of Floyd dying under Chauvin's knee.

So far, prosecutors have called eight members of the Minneapolis Police Department, including the chief. Much of the testimony described Chauvin as using excessive force when he pinned a handcuffed Floyd for more than nine minutes, which Loyola Law School professor Jessica Levinson described as "devastating" for the defense.

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

“It’s not part of our training, and it is certainly not part of our ethics and our values,” Chief Medaria Arradondo told the jury last week, referring to how Chauvin held his knee on Floyd's neck.

According to experts who track police prosecutions, it is highly unusual for a city’s senior police official to testify that one of his former subordinates used excessive force.

"The fact they broke the 'thin blue line' - that officers are trying to distance themselves from Chauvin - that's really remarkable," Levinson said.

Chauvin, 45, who is white, has pleaded not guilty to murder and manslaughter charges in the May 2020 death of the 46-year-old Floyd, who was Black, arguing that he was following the training he had received during his 19 years on the force.

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.

A bystander video of the incident was shared widely on social media, sparking protests in the United States and around the world over police brutality and racism.

Grand juries often do not indict police officers for killing someone in the line of duty, particularly when the victim is Black, according to legal experts. When charged, convictions occur at a lower rate than most murder cases.

Since 2005, about 140 non-federal police officers in the United States have been charged with murder or manslaughter resulting from an on-duty shooting, according to data compiled by Philip Stinson, a criminologist at Bowling Green State University. The conviction rate in those cases is about 46%, although some of those convictions were for lesser offenses.

Accused police officers frequently blame a victim's resistance, concerns about gathering crowds or drugs in someone's system to justify the use of force.

Prosecution case nears end in ex-cop's trial in Floyd death

  Prosecution case nears end in ex-cop's trial in Floyd death MINNEAPOLIS (AP) — The trial of a former Minneapolis police officer charged in George Floyd 's death enters its third week Monday, with the state nearing the end of a case built on searing witness accounts, official rejections of the neck restraint and expert testimony attributing Floyd's death to a lack of oxygen. Derek Chauvin, 45, who is white, is charged with murder and manslaughter in Floyd’s May 25 death. Police were called to a neighborhood market where Floyd, who was Black, was accused of trying to pass a counterfeit bill.

Chauvin's lawyer, Eric Nelson, has argued that Floyd's death was caused by a heart malfunction that was the result of a drug overdose and other underlying conditions. He also said Chauvin encountered a suspect who was resisting officers as people in a crowd yelled insults at them, posing a “potential threat."

But testimony from fellow officers that Chauvin violated protocol and videos of the incident undercut the defense's narrative, experts said.

"The prosecution can say: 'You don't have to take my word for it. You can trust yourself. You can trust your eyes,'" said Levinson.

DRUG ISSUE 'OFF THE TABLE'

Tearful witnesses reliving the trauma of watching Floyd die while being detained reduced the risk that jurors would become numb to repeated viewing of the video that is central to the case.

"What they have done beautifully is infected the trial with emotion," said Joseph Friedberg, a criminal defense attorney in Minnesota.

Experts said the prosecution also had presented strong expert testimony to counter the defense's claim that Floyd's opioid use caused his death.

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.

A prosecution witness who took the stand on Thursday, Dr. Martin Tobin, said "any healthy person" would have died in a similar restraint, which he compared to a vise.

Tobin spoke directly to jurors who scribbled notes. Under his guidance, many of them touched their necks as he described the impact on Floyd from Chauvin's knee.

"The way the prosecution is doing it is taking the drug issue off the table," said Jeffrey Frederick, a trial consultant.

Chauvin only needs to persuade one juror to acquit, which would create a hung jury, although prosecutors in that situation could try him again.

In the coming days, Chauvin's legal team is expected to call witnesses who will focus on medical evidence about Floyd's underlying heart condition and drug use, which experts said could help create doubt among jurors about the cause of death.

That could be enough to encourage a juror skeptical of the state's case to hold out against a conviction.

"They can say: 'Oh it’s not because I didn’t watch the video or understand it or I have biases, it's because of the drug use," said Roy Futterman, a director at the trial consulting firm DOAR.

(Reporting by Tom Hals in Wilmington, Delaware; Aditional reporting by Jonathan Allen in Minneapolis and Jan Wolfe in Washington; Editing by Noeleen Walder and Peter Cooney)

EXPLAINER: Chauvin jurors must disregard defendant's silence .
MINNEAPOLIS (AP) — Jurors at the murder trial of the former Minneapolis police officer accused in George Floyd’s death were told Monday that his choice to remain silent cannot affect their decision. Derek Chauvin on Thursday said he would not to testify in his own defense, invoking his right to remain silent and leave the burden of proof on the state. It was a high-stakes decision. Taking the stand could have helped humanize Chauvin to jurors who didn't heard from him directly at trial, but it could also have opened him up to a devastating cross-examination.

usr: 3
This is interesting!