George Floyd trial updates LIVE – Derek Chauvin DIDN'T use deadly force, defence witness tells murder trial – latest

THE third week of testimonies in the trial of former Minneapolis police officer Derek Chauvin will continue today.

The 45-year-old has been charged with second-degree unintentional murder, third-degree murder and second-degree manslaughter in the death of George Floyd.

Floyd died last May following an arrest during which Chauvin placed a knee on his neck for 9 minutes, 29 seconds while Floyd pleaded, “I can’t breathe.”

Caught on video, those tragic final moments led to widespread protests and riots across the US against police brutality and racism.

Chauvin, along with three other police officers present during the fatal arrest, was fired from the Minneapolis Police Department the day after the death.

Almost 40 witnesses have been called to the stand in recent weeks, including the Minneapolis police chief and other officers who have openly condemned Chauvin’s actions.

The defence for Derek Chauvin yesterday called upon a use-of-force expert, who testified that the former police officer was justified in pinning Floyd to the ground.

Taking the stand, Barry Brodd, a former Santa Rosa police officer, stoutly defended Chauvin's actions, NBC Connecticut reported.

“It’s easy to sit and judge … an officer’s conduct," Brodd testified. “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 said it might have gone easier if the Black man had been “resting comfortably” on the pavement.

Read our Derek Chauvin trial live blog for the latest on George Floyd's killing…

  • Alice Peacock

    WHAT DID FLOYD'S AUTOPSY RESULTS SHOW?

    George Floyd's cause of death was classified as a homicide by a medical examiner who ran an independent autopsy on June 1, 2020.

    He said his heart stopped while police restrained him and compressed his neck for almost nine minutes.

    The cause of death was listed as “cardiopulmonary arrest complicating law enforcement subdual, restraint and neck compression,” according to the official information from the Hennepin County Medical Examiner’s Office.

    It determined: "[Floyd] experienced a cardiopulmonary arrest while being restrained by law enforcement officer(s).”

    The office also listed heart disease and hypertension under Floyd's “other significant conditions”.

  • Alice Peacock

    NEW FOCUS PUT ON USE-OF-FORCE TRAINING

    As the murder trial of former Minneapolis police officer Derek Chauvin continues, a spotlight is being put on law enforcement training.

    Chauvin’s defense attorney, Eric Nelson, opened the trial by telling jurors that the neck restraint he used on Floyd was “exactly what he had been trained to do over the course of his 19-year career," ABC news reported.

    However, a number of law enforcement officials from Chauvin's former department seemed to disagree.

    Retired Minneapolis Police Department Sgt. David Pleoger — Chauvin's supervisor at the time of Floyd's death — testified that “when Mr. Floyd was no longer offering up any resistance to the officers, they could have ended their restraint.”

  • Alice Peacock

    PROTESTORS CLASH FOR THIRD NIGHT

    Demonstrators protesting the fatal shooting of Daunte Wright gathered outside the police station in Brooklyn Center, Minnesota, on Tuesday – the third consecutive night of demonstrations.

    Wright, who was shot by a police officer who said she mistook her gun for a taser, was killed just a few miles from where George Floyd died last May.

    Protests during the day were mainly peaceful, but, according to local reports, chaos erupted after dark.

    Officers used pepper spray and fired flash bombs at protesters, while water bottles and other objects were thrown at officers in riot gear.

  • Alice Peacock

    FAMILY OF GEORGE FLOYD VOWS TO FIGHT ALONGSIDE DAUNTE WRIGHT'S FAMILY

    Philonise Floyd, the younger brother of George, has said he couldn't help but to be there for the family of Daunte Wright.

    Wright was shot in Brooklyn Centre, Minnesota, on Sunday; an area already on edge amid the trial of a police officer in Floyd's death, ABC 7 news reported.

    Officer Kim Potter, who has since resigned, is said to have mistakenly grabbed her gun when she was going for her Taser.

    Drawing a comparison between Wright's case and his brother's, Philonise said they were "both killed over misdemeanors".

    "My brother was tortured to death and the officer claims for Daunte … they thought they were tasing him. There was no need to tase him."

  • Alice Peacock

    WHEN WILL IT END?

    The witness testimony ix expected to continue until April 16.

    The prosecution has already called more than 20 witnesses with defense witnesses still to give testimony.

    Chauvin faces charges of unintentional second-degree murder, third-degree murder and manslaughter.

  • Alice Peacock

    EX-COP SAYS CHAUVIN JUSTIFIED IN PINNING FLOYD TO THE GROUND

    The defence for Derek Chauvin has called upon a use-of-force expert, who testified that the former police officer was justified in pinning Floyd to the ground.

    Taking the stand on Tuesday, Barry Brodd, a former Santa Rosa police officer, stoutly defended Chauvin's actions, NBC Connecticut reported.

    “It’s easy to sit and judge … an officer’s conduct," Brodd testified. “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 said it might have gone easier if the Black man had been “resting comfortably” on the pavement.

  • Alice Peacock

    NO AIR

    Tobin told the jurors that Floyd died “from a low level of oxygen” that was caused by “shallow breathing.”

    “He was taking shallow breaths that weren’t able to carry the air through his lungs, down to the essential areas in the lungs,” Tobin added.

    He said that this shallow breathing was caused by four forces on his body.

  • Alice Peacock

    WILL DEREK CHAUVIN TESTIFY?

    As the defense for Chauvin began on Tuesday, one question continues to loom over the proceedings: will the former Minneapolis police officer testify to explain his actions?

    Defense attorney Joe Tamburino, who is not affiliated with the trial, told CBS that Chauvin is the only person the defense can use to make key points in its case.

    “That jury is going to want to hear [Chauvin] say that he didn’t want to hurt Mr. Floyd, that he was just using regular procedures and moves that he’s been trained to do,” Tamburino said. “You have to humanize the defendant if you’re going to try to win….That’s really the only way to do it.”

    However, taking the stand would also pose a number of risks for Chauvin, including opening himself up to cross-examination.

    “He just might not come across well [to the jury],” Tamburino said of another potential downside.

    In court, Chauvin has shown little emotion or character. 

    While there is no word yet on whether he plans to take the stand, should he choose to do so, he could even take the stand as soon as tomorrow.

    Credit: AP:Associated Press
  • Alice Peacock

    WHAT HAPPENED IN WEEK 2 OF THE TRIAL?

    In week two of Chauvin’s trial, Minneapolis police chief Madaria Arradondo testified saying the former cop “absolutely” failed to follow department use-of-force, de-escalation and duty to render air policies.

    “I absolutely agree that violates our policy,” Chief Arrandondo said when asked about Chauvin’s tactics by the prosecutor.

    “That is not part of our policy; that is not what we teach,” he added.

  • Alice Peacock

    EX-COP: DRUG USE CAN AFFECT USE-OF-FORCE REQUIREMENTS

    Former police officer and use-of-force expert Barry Brodd was asked by Chauvin’s attorney, Eric Nelson, whether substance use can affect or influence a use-of-force requirement.

    “It has quite a large impact, in my opinion,” Brodd said, adding that somebody under the use of drugs might not “be hearing” what officers are telling them.

    “They may have erratic behavior. They don’t feel pain,” he continued. “They may have superhuman strength. They may have an ability to go from compliant to extreme non-compliance in a heartbeat.”

    Brodd also contested that keeping an arrestee like Floyd in a prone position might be “safer” because they can’t run off or injure themselves.

    He further claimed it may prevent an arrestee from choking on their own vomit, should they be intoxicated.

  • Alice Peacock

    MINNEAPOLIS COP WHO TESTIFIED FOR PROSECUTION IS RECALLED BY DEFENSE

    Officer Nicole MacKenzie, Minneapolis PD’s medical support trainer, testified that one of the officers at the scene, Thomas Lane, had been given training in how to detect “excited delirium” syndrome in a suspect.

    MacKenzie was previously called by the prosecution earlier in the trial.

    Under cross-examination, MacKenzie said that one of the things officers are told to do during training is roll suspects onto their sides, because excited delirium can hinder one’s ability to breathe.

    Asked by the prosecution if an officer would deter to an “emergency room doctor” on whether someone was suffering the syndrome, she said: “Absolutely. Not our place to diagnose that.”

    Credit: AP:Associated Press
  • Frances Mulraney

    ATTORNEY REPRESENTS COPS IN FLOYD AND WRIGHT CASES

    Attorney Earl Gray is representing both former officer Kim Potter and Thomas Lane.

    Ex-cop Lane was one of four officers involved in Floyd's arrest and he will stand trial later this year.

    Potter resigned on Tuesday over Wright's death and is expected to be charged on Wednesday.

  • Frances Mulraney

    FLOYD LAWYER COMPARES CASE TO DAUNTE WRIGHT

    Floyd family lawyer Ben Crump claimed on Tuesday that he and Daunte Wright should have been written citations for misdemeanors rather than dying on police custody.

    Wright, was shot on Sunday by a police officer who said she mistook her gun for a taser, was killed just a few miles from where George Floyd died last May.

    "Daunte was trying to get away, he was not a threat to (police)," Crump said.

    "Was it the best decision? No. But young people don't always make the best decisions. As his mother said, he was scared."

  • [email protected]

    PROTESTORS CLASH FOR THIRD NIGHT

    Demonstrators protesting the fatal shooting of Daunte Wright gathered outside the police station in Brooklyn Center, Minnesota, on Tuesday – the third consecutive night of demonstrations.

    Wright, who was shot by a police officer who said she mistook her gun for a taser, was killed just a few miles from where George Floyd died last May.

    Protests during the day were mainly peaceful, but, according to local reports, chaos erupted after dark.

    Officers used pepper spray and fired flash bombs at protesters, while water bottles and other objects were thrown at officers in riot gear.

  • [email protected]

    CITIES SET CURFEWS

    For the second night in a row, the cities of Minneapolis and St. Paul set overnight curfews.

    Law enforcement officials said they were anticipating a third night of protests following the death of Daunte Wright, 20, who was shot by police during a traffic stop on Sunday.

    In cities still reeling from the death of George Floyd last summer, officials said they would be restricting movement from 10 p.m. until 6 a.m.

    On Monday night, dozens of protestors defied a curfew that had been set at 7 p.m., leading to a number of arrests and confrontations with police.

  • Luke Kenton

    WILL DEREK CHAUVIN TESTIFY?

    As the defense for Chauvin began on Tuesday, one question continues to loom over the proceedings: will the former Minneapolis police officer testify to explain his actions?

    Defense attorney Joe Tamburino, who is not affiliated with the trial, told CBS that Chauvin is the only person the defense can use to make key points in its case.

    “That jury is going to want to hear [Chauvin] say that he didn’t want to hurt Mr. Floyd, that he was just using regular procedures and moves that he’s been trained to do,” Tamburino said. “You have to humanize the defendant if you’re going to try to win….That’s really the only way to do it.”

    However, taking the stand would also pose a number of risks for Chauvin, including opening himself up to cross-examination.

    “He just might not come across well [to the jury],” Tamburino said of another potential downside.

    In court, Chauvin has shown little emotion or character. 

    While there is no word yet on whether he plans to take the stand, should he choose to do so, he could even take the stand as soon as tomorrow.

    Credit: AP:Associated Press
  • Luke Kenton

    COURT HAS ADJOURNED

    The testimony of Barry Brodd, which took up the majority of Tuesday afternoon's proceedings, has come to close.

    Judge Peter Cahill has sent jurors home for the day.

    The trail will continue tomorrow, and is expect to last until at least April 16.

  • Luke Kenton

    PROSECUTION MOVES TO DISMANTLE USE-OF-FORCE EXPERT TESTIMONY

    On cross-examination of former cop Barry Brodd, the prosecution got the expert witness to agree to a number of points that directly contradicted his original testimony.

    Brodd conceded several points under questioning from prosecutor Steve Schleicher.

    One of the concessions came when discussing the "prone position", in which Brodd admitted the restraint control can cause pain, and that the actions of bystanders don't justify using force on another person.

    Brodd had earlier called Chauvin's actions against Floyd "justified" and "objectionably reasonable" because he was "resisting" and that he didn't consider a "prone control" to be a use of force.

    However, under duress, he conceded the prone position could cause pain and that if Floyd was in pain then that would constitute use of force.

    Brodd then agreed that use of force must be reasonable from the beginning of an encounter to its end and that use of force was not appropriate if a subject was compliant and no longer resisting.

    Barry BroddCredit: Reuters
  • Luke Kenton

    EX-COP: DRUG USE CAN AFFECT USE-OF-FORCE REQUIREMENTS

    Former police officer and use-of-force expert Barry Brodd was asked by Chauvin's attorney, Eric Nelson, whether substance use can affect or influence a use-of-force requirement.

    “It has quite a large impact, in my opinion,” Brodd said, adding that somebody under the use of drugs might not "be hearing" what officers are telling them.

    "They may have erratic behavior. They don’t feel pain," he continued. "They may have superhuman strength. They may have an ability to go from compliant to extreme non-compliance in a heartbeat."

    Brodd also contested that keeping an arrestee like Floyd in a prone position might be "safer" because they can't run off or injure themselves.

    He further claimed it may prevent an arrestee from choking on their own vomit, should they be intoxicated.

  • Luke Kenton

    EX-COP: 'DEREK CHAUVIN WAS JUSTIFIED'

    Barry Brodd, a former police officer and use of force expert, testified for the defense Tuesday that Derek Chauvin was following his police training when he knelt on George Floyd’s neck for over nine minutes.

    "I felt that Derek Chauvin was justified, and was acting with objective reasonableness, following Minneapolis police department policy and current standards of law enforcement, in his interactions with Mr. Floyd," he said.

    Adding that he didn't believe Chauvin's use-of-force was deadly, Brodd was asked to explain his opinion.

    "I'll give you an example that I used to teach my academy classes, so officers respond to a domestic violence situation, and the suspect is still there, and he fights with the suspect, he fights with the officers and the officers are justified and using a taser to overcome this person's noncompliance. 

    "They tase the individual and the individual falls to the ground, strikes their head and ice. That is not an incident of deadly force, that's an incident of an accidental death, and in my review, I would like to see whether the suspect resisted and was objectively reasonable."

    Barry BroddCredit: AP:Associated Press
  • Luke Kenton

    FLOYD'S FAMILY PLEDGE SUPPORT TO DAUNTE WRIGHT'S FAMILY

    In a press conference staged outside the courthouse where Chauvin is on trial, family members of George Floyd pledged their support to the family of Daunte Wright, who was shot dead by police during a traffic stop on Sunday.

    Philonise Floyd, the younger brother of George Floyd, extended his family’s condolences to Wright’s during a press conference on Tuesday.

    “We will stand in support with you all,” he said. “We will fight for justice for this family, just like we’re fighting for our brother. Please pray for this family.”

    He continued: “Another African American man being slayed, I never thought that this world could be in so much disorder.

    “Police officers are killing us and we are being killed at a rate I never thought we could imagine.

    “Minneapolis, you can’t sweep this under the rug anymore. To the protesters all around this nation, stand up. We need you all to come out.

    “This is a family that needs us to stand in solidarity with them. Please pray for this family. I don’t want to see another victim.”

    George Floyd’s nephew, Brandon, said: “We came to stand with this family. A so-called mistake? A handgun for a taser? It’s unacceptable.”

  • Luke Kenton

    NEW BODYCAM FOOTAGE SHOWS FLOYD HANDCUFFED ON THE STREET

    New body camera footage shown to jurors on Tuesday in the trial of Derek Chauvin depicted Floyd handcuffed and sitting on a street near a Chinese restaurant, giving his name and date of birth.

    Captured by park officer Peter Chang, who testified for the defense, the video was recorded before Chauvin arrived on scene.

    Chang described Floyd as being calm and responsive to officers at the time.

  • Luke Kenton

    MINNEAPOLIS COP WHO TESTIFIED FOR PROSECUTION IS RECALLED BY DEFENSE

    Officer Nicole MacKenzie, Minneapolis PD's medical support trainer, testified that one of the officers at the scene, Thomas Lane, had been given training in how to detect "excited delirium" syndrome in a suspect.

    MacKenzie was previously called by the prosecution earlier in the trial.

    Under cross-examination, MacKenzie said that one of the things officers are told to do during training is roll suspects onto their sides, because excited delirium can hinder one's ability to breathe.

    Asked by the prosecution if an officer would deter to an "emergency room doctor" on whether someone was suffering the syndrome, she said: "Absolutely. Not our place to diagnose that."

    Minneapolis Police Officer Nicole MackenzieCredit: AP:Associated Press
  • Luke Kenton

    'PLEASE DON'T KILL ME, PLEASE DON'T SHOOT ME'

    George Floyd's friend, Shawanda Hill, testified on Tuesday about Floyd's reaction when police approached his vehicle.

    Hill, who said Floyd had offered her a ride home, said he fell asleep while they were sitting in the car. Hill said she was able to wake him up, but he fell asleep again.

    She then woke him up a second time when police approached the vehicle.

    On cross, Hill said: "So when I tried to wake him up, he woke up the second time … I kept saying, 'baby, get up. The police is here.' So he looked, and we look to the right, and the police tapped on the window with the flashlight. And I said Floyd, he turned back again…and I said, 'Baby, that's the police, open the door, roll down the window', whatever. 

    "So he looked back, and he instantly knew, when you see the man had a gun at the window. He looked back to him. So he instantly grabbed the wheel, and he was like, 'please please, don't kill me! Don't shoot me! Don't shoot me!'"

    Shawanda Hill
  • Luke Kenton

    PARK POLICE OFFICER: CROWD WATCHING FLOYD'S ARREST WERE 'VERY AGGRESSIVE'

    Peter Chang, a Minneapolis Park Police officer, told the court on Tuesday morning that the crowd of bystanders watching on as Floyd's fatal arrest unfolded were 'very aggressive'.

    Chang, who responded to the scene at Cup Foods to assist officers in the arrest, said he was concerned for the other officers' safety because of the apparent hostility being directed at them from onlookers.

    The defense played body camera footage from Chang during his testimony.

    The video showed him around the corner from where Floyd was being taken into custody.

    While Chauvin and three other officers had Floyd in custody, Chang was stood by Floyd's car.

    The video did not show him standing near Floyd or the crowd.

    On cross-examination, prosecuting attorney Matthew Frank asked Chang if it was true that while at location he "can no longer see what was going on?"

    "Yes," Chang responded. 

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