during the officer perceives that someone is approaching them with a weapon like a like a bat and so then they would reflect on that and determine whether or not this is a risk it's about maybe the person is at a baseball game or a threat that is being brandished correct then after that under authority to act if they've determined that this in fact is a risk and that they're being threatened they would look at the authority back to the policy and procedure that is a right yes under what is the use of force policy what tools are available to me to respond here is. the next step then after considering the authority to act to goals and actions which is that. the goals of. the officer is making an assessment so with the authority act will result this situation. will separating the 2 parties be enough. is taking

a report will that be enough of a goal or an action. it may mean a combination of things it may mean that i'm going to have to earn the officer is going to have to make an arrest but we may need additional resources here because the situation is still could have the potential to not be stabilized and sell so all of that is part of that goals of action and then to review in reassess assuming that means exactly what it says exactly yes and that information is going to flow as dynamics can change and so it can be a constant just really want to stress reassess the situation to make sure that we're trying to get to the best possible outcome in this peacefully and safely because circumstances can change the situation can change correct yes and for some that may be appropriate one moment might not be appropriate at a different moment or more fighting force might be needed of the yet another point as i write gives. this particular critical thinking model exhibit

276. we see examples of this throughout training materials that are provided by the trainers of the facility is that right yes and why is the. institute to really embed that knowledge that. you know we don't want to. faucet sceptical to kind of check the box straighten this train it is important for all of our officers to have a knowledge and understanding of. and that our community members can expect this to be consistent as is the encounters org agents with their officers. all right. if we continue down please and i want to shift a little bit talk about you talked about use of force in the policy does minneapolis the police department train its officers in specific defensive tactics

to get in where does that training occur training occurs that are a special operations center. and visit to apartment provide training for officers handling uncooperative individuals is does departed provide training for handcuffing a reluctant suspects it is in when you provide the training you're taking someone into custody do you also teach officers their responsibilities their personal responsibility with respect to the person they've just taken into custody is we do in what responsibility does an officer have to a person they've taken into custody or restraint. so the american policing profession. which i believe is the best in the world and i will tell you why and it's really 2 reasons i'll rephrase your question yes you are

. sir you have a responsibility to get in that's imparted throughout officers in various forms of training as to what one someone is in their custody oh yes. we have we have a duty of care and so when someone is in our custody. regardless if they're a suspect we have the obligation to make sure that we provide for their care does that include people to whom the defensive tactics are being applied yes why is. there still in our they're still in our custody and they have rights and. the humanity of this profession we need to take sure that we're taking care of them. so how often are so how often are officers required to participate in defensive tactics train. is usually yearly annual

training. do you know do you know when we're talking about the training and policies in effect on may 25 2020 were neck restraints and chokeholds taught and authorized by the policy at the time at the time yes and they were taught pursuant to the defensive tactics training as well yes at this time of way to. polish exhibit 224. exhibits 24 showing in the policy 5 dash 311 use of restraints. neck restraints and chokeholds you see a chokehold is considered a deadly force option is that right. if you could go to the next few days.

neck restraint if you can highlight that portion from that down to unconscious neck restraint. there are various types of neck restraints that were authorized at the time separate yes. neck restraint was defined as compressing one or both sides of the neck person's neck with an arm or a leg is that right yes but without applying any direct pressure in the trachea airway that needs to be protected. and there were 2 types of neck restraints that were authorized conscious neck restraint and unconscious restraint is the objective of the unconscious neck restraint the 2nd one would be to have a person actually pass out. under certain circumstances in which. the officer was in fear of bodily harm or death that would be authorized as a right. and conscious neck restraint more with the neck restraint with the intent

to control but not to render the subject unconscious as it really is by applying light to moderate pressure. and if you can go to rome and to the same policy. highly. conscious neck restraint can be used for someone who is actively resisting correct yes and it unconscious neck restraint could be used for a person who is using exhibit the act of aggression or to save a person's life separate yes. or to subject to is exhibiting active resistance of lesser and trout temps would have or would likely to be an effect is that right but not no or not nec restraints were not to be used against

persons who are merely passively resist arrest as. for. now i'd like to draw your attention to me 252020. can you tell the jury when you 1st learned of the incident involving the defendant. officers how lane king and george. on monday. evening around 9 pm back on may 25th 2020 i received a call i was at my residence and i received a call from one of my. 3 was a deputy chief who had informed me that minneapolis police officers

have responded to 38 in chicago. and while attempting to take someone into custody. that. which i learned now to be mr floyd. they believed that he would not make it or survive and so he was being transported via ambulance to at that time hip in qana medical center. and while. it least the information i had that evening at 9 pm. if that time at least was i was told was still alive i decided to. contact the minnesota bureau of criminal apprehension and they are a state agency that conducts our critical incidents i deem that this would be a critical incident and it has been our protocol to alert them and they would conduct that investigation so i made that call to the b.c.

a to have them start to conduct this critical incident. did you then proceed to city hall. i should also say that i right after that call way notified minneapolis mayor jake upright to say that this is the situation we have at least right now and that i would brief him as a receive more information i've been proceeded to leave my residence and i. went directly to my office in city hall. when you arrived at city hall do you recall seeing any video images or footage of the. the 1st time that i saw a video of the event. was after i was notified that mr floyd at now been disclosed now deceased and so i had asked my deputy chief to pull up

what i knowing the area really well and knowing that there's usually a camera a city on camera at that location i asked him to locate that the so that i could review it and that's what we would refer to as the milestone camera milestone footage that is grim did you watch the footage from the milestone camera that evening i did once and can you just ran for the jury what you saw when you watched the footage. when i 1st viewed this milestone video. what i was able to see and i should just know that. it was from a distance from where the officers were with mr floyd and so all i could really see were the bad sides of the officers there was also no audio. to this milestone video and so i viewed that video in its

entirety and. quite frankly there was really nothing in terms of the actions of of at least again this non audio video that really jumped out at me. after a few minutes if it seemed. a paramedics vehicle pulled up to the scene and it was at that time for the 1st time that i saw a glimpse of mr floyd when paramedics placed him place his body on the gurney and. transported him away from the scene but that was really my 1st observation of that incident from the from that night. at some point did you become aware of another video that had been tikkun by a bystander. yes. probably close to midnight

a community member it contacted me and said. chief. almost forbade him but said chief have you seen the video of your officer choking and killing that that man at 38th chicago and so once i heard. that statement. i just knew it wasn't the same milestone camera video that i had saw and eventually within minutes after that i saw for the 1st time what is now known as the bystander video . fair to say that this was a much closer video and it had on you know yes i was able to see the occurrence see. the officers involved i was able to actually see mr floyd i was actually able to hear. what was occurring and

i was also able to get a better understanding of the length of time the duration of the call the incident . you know prior to testifying today have you reviewed the bystander video video in its entirety. you've also reviewed and review reviewed milestone footage. and have you reviewed the body worn camera footage worn by officers tao king lane and the fact is i. know. first show you what's been received as exhibits here. do you recognize exhibit 17 to be an image taken from the bystanders or video that you

review. is that you. know sir based upon your review of all of the information that you just mentioned. do you believe that the defendant followed deponent departmental policy 5 dash 3 or 4 regarding deescalation i absolutely don't agree. how so. that action. is not the escalation and when we talk about the framework of our sanctity of life and we talk about the principles and values that we have that that action goes contrary to what we're taught. as you reflect on exhibit 17 and must ask you is the c. trained minneapolis police department defensive tactics technique it is not. the

departure mental policy neck restraint. the conscious neck restraint by policy mentions light to moderate pressure when i look at exhibit 17. and when i look at the. facial expression of mr floyd that does not appear in any way shape or form that is light to moderate pressure. so is it your belief then the this particular form of restraint if that's what you will call it. in fact violates departmental policy i absolutely agree that violates our policy are you aware now that the defendant maintain this position on george floyd for 9 minutes and 29 seconds i am aware that i believe you testified that force has to be reasonable when it's applied at the beginning and through the entire encounters

a right that. is what you see in exhibit 17 in your opinion within minneapolis police department policy 5 dash 300 authorizing the use of reasonable force it is not and why not that is that is. that's the object of the reasonable we have to take into account circumstances information the threat to the officer the threat to others. and we. the severity of that so that is not a policy that is not what we teach and that should be condoned. when do you believe or do you have a belief as to when this restraint restraint on the ground that you should have stopped. once mr floyd in this is based on my viewing of the

videos. once mr floyd had stopped resisting and certainly once he was. in distress and trying to verbalize that. that that should have stopped. very there's an initial reasonable this in trying to just get him under control over there in the 1st few seconds but but once there was no longer any resistance and clearly when mr floyd was no longer responsive and even motionless to continue to apply that level of force to aim person. handcuffed behind their back. that that is in no way shape or form is

anything that. is by policy is not part of our training and it is certainly not part of our ethics are about. sir based on your review of the video and based on your own experience and training as m.p.t. officer did you see signs during the encounter that mr floyd was exhibiting. in disha being in medical distress. yes yes. one point i think you just testified that mr floyd was unresponsive. and you know that officers you know where the officers couldn't find of holes could you repeat that survey were you aware that officers at the time of the restraint were unable to find a pulse yes i was aware of that and so stated. i was aware that the officers were not able to find a pulse yes did you see the defendant. or any of the officers attempt to

provide 1st aid to mr foy i did not see any of the defendants try to attempt to provide 1st aid to mr flu and then it did not try c.p.r. he did not start just compressions. leading refreeze. did you see them provide. you see them provide any medical attention i didn't. be's dudley's observations do you have an opinion as to whether the defendant violated n.p.t. departmental policy 7 dash 350 by feeling to render aid to mr floyd agreed that the defendant violated our policy in terms of rendering aid. thank you i have no further questions at this time your honor if he. is innocent.

all right so this is live coverage now of the trial of former police officer derek show than over the killing of george floyd of course now entering its 2nd week a case that is really being seen as very significant for police accountability potentially in the united states so we've just been hearing testimony from minneapolis police chief meant daria. who was testifying for the prosecution we understand he'll now be questioned by the defense he was are specifically about the policy of providing medical assistance to someone who is experiencing some sort of medical crisis or emergency while they are in the care of

the minneapolis police department and also you asked about what constitutes the reasonable use of force by police officer but now the questioning continues. mr torrens action violating the department from its current. now as the police chief i assume that you're not out on the street day to day arresting people. can you just give me a general sense when's the last time that you've actually i don't mean to be dismissive but actually arrested a suspect many years or. your your role as a mini up was police chief is sort of grander in scope right i mean it's. the. largest context in the operations of the department yes and part of that job is to be sort of aware of issues in policing policy changes use of force changes all of these things under fall under the umbrella of your role as the chief agreed

. in sort of the general in a sense formulating the plan for your police department. and delegating some of those subject matter experts yes correct. when you talk about training of a police officer you would also include the training that the minneapolis police department goes through you may go to other trainings outs out of state listen to speakers talk about issues that confront police. as well as maybe a homicide detective will get permission to travel to and interviewing a suspect type of training in some other state or location. and so there's there is a variability within the training depending upon your role as in the police department yes some of the you've got sort of your rank and file basic patrol

officers and they go through all of the trainings that you describe the defensive tactics medical assistance or basic medical training. crisis intervention things that we've been talking about here today right and then the investigative type officers they might may go to some additional have to go through that training but they may go through some additional training in terms of how to interview suspects or how to properly collect evidence etc you need to their role and then you as the police chief or those who are in the more management or administrative side of the police department you go to the kind of the big picture training sometimes that there are. so i want to review with you a few of the policies that we've already talked about. we can turn for the.

first of all like to show you what has been introduced as exhibit 216216 which is the use of force policy for the city of minneapolis police department yes we've discussed this and i know that kind of what we did a little earlier as we kind of jumped around from part to part and i'd like to walk through some of these issues in

a little bit more linear fashion africa so you've described under policy 5 dash $301.00 that the 4th amendment's reasonable this standard applies to the use of force in minneapolis of the minneapolis police are great yes and that goes on to say that m p d employees only use the amount of force that is objectively reasonable and it continues in light of the facts and circumstances known to that employee at the time the force is used correct yes so the reasonableness standard or the objectively reasonable standard applies to the facts and circumstances that are known by the officer at the time the force is being used correct yes now 5 dash 30 to give some definitions in terms of. the use of force and the

differentiates between act of aggression and active resistance can you describe the difference between active resistance excuse me act of aggression an act of resistance. act of aggression behavior initiated by the subject that may or may not be in response to police efforts to bring the person to test your control the act of aggression when presented behaviors that constitute an assault or the circumstances recently indicate that an assault or an injury to any person is likely to a moment as an act of aggression you know let me just stop you there that's act of aggression so that's where a suspect is essentially fighting with a police officer or doing something that is aggressive behavior only speak agreed it is and that is aggressive in its nature now can you read active resistance active resistance as a response to police efforts to bring a person in the custody or control for detainment to or arrest subject engages in

active resistance when engaging in physical actions or verbal behavior reflecting in attention to make it more difficult for officers to achieve actual physical control so essentially what we're talking about here is behavior that may or may not be physical in its nature that simply makes it harder for an officer to take a person into custody. and sometimes that is maybe not trying to punch the officer but pulling away or hiding his arms or doing something that just makes it more difficult physically right is and sometimes it's you're not going to take me alive you dirty cop you know like they're saying something. to to prevent the officer from arrest. so they're using their words they're using their behaviors is it common based upon your experience for people to enjoy being taken into custody. do people like to be arrest. record and

in your experience is it common practice for people for people who are being arrested to say things in an effort to try to get the officer to not arrest. my mom is home sick i need to get home to my kids there may be words that they used to try to convince an officer to not arrest. now you would also agree that there is a difference between being arrested and being detained a great. runs so an officer in certain circumstances is permitted to expand the scope of the original intervention would you agree with that. state let me let me try. when an officer approaches

a situation and if let's assume it's a relatively minor offense is it possible that that minor offense can grow in its scope of investigation. and it's actually quite common for that to happen act as an officer makes a traffic stop for speeding or something like that smells drugs in the car searches the car finds a large amount of drugs finds guns etc. so what starts out as a relatively minor incident a traffic ticket can turn into a felony arrest. and that again happens quite regularly. so when an officer would be back up a certain you would agree that being a police officer's pretty dangerous profession. there are inherent dangers with.