call he is now facing charges including 2nd degree murder after he hung cuffed floyd face down in the knelt on his neck for nearly 9 and a half minutes in may last year that sparked widespread protests not only in minneapolis but around the while this is now the 2nd week of the proceedings in the city of minneapolis and there has been a real emphasis by the prosecution so far on just how mr sharon's actions were very much in contravention of his training and policy so far this week we've also been hearing from the emergency room doctor who treated george floyd when he was taken to hospital as well as the minneapolis police chief chief who really really emphasize that what took place in terms of that detention was completely not in line with police policy now this could go on for some time and there have been a number of these taking place throughout the course of this trial and they will be will return then to cross-examination of sergeant yang there has been

a very long discussion that's been ongoing this week around just what is acceptable for police officers to do in their line of duty and that sidebar now appears to be ending and and testimony is resuming that's listen as part of your. your role in the minneapolis police department do you train both deaths reprove as well as. veteran officers. yes i do and you can you describe the difference between the training that that would receive versus a real veteran officer something like this will be given to the recruits and officers that have gone through. this associations training on crisis deescalation we will get damage progression trainee we will introduce all the topics all the topics like office them to them and go through different type of tropic is part of

crisis 20 so it's a little bit different it's different from what we cruise and the regular also will get now the information in the it that is presented to recruits versus veteran officers is it generally the same type of broad categories of information is possible the same yes similar you want to be consistent is similar yes right and so the information that a veteran officer would receive in a 40 hour training would be inclusive of what to look for in terms of crisis would it not. yes right you're trained you would train officers on the policy about crisis intervention correct yes you would train them what to look for when a person is in crisis right yes but you talk about training all the better an officer veteran officer the better officers. i use and we bring to the $40.00 tree

on us 40 always 20 i have not only do it up or down 20 people about an officer that's me me is the 80 officers association ok so you don't know any information that the veteran training officer the veteran officers would receive i do know some of it but not the entire crew ok. you've trained veteran officers yourself i do but not in the video we understood but in the refresher type committees much of my course yes right and in the refresher type courses do you discuss with officers. the policy of crisis intervention yes do you discuss with officers the. signs to look for both in terms of suspects as well as individuals observe. especially the suspects especially the suspect yes and ultimately you would agree that that training also includes the critical decision

making model right gives and the critical decision making model is not limited to or focused on simply the suspect dragged. back into a topic where he could leave no cracked i'm sorry. in certain objects in the room please in answer ok and we sure. if you remember my question. the critical decision making policy that you train veteran officers on would be inclusive of people other than just the suspect as acar act there is no policy on a critical decision making model only on the crisis policy of the critical decision making pop model i keep calling it a policy that's just my fault but the critical decision making model is not limited to interpret ing or responding to the suspect exclusively as that's correct an

officer is trained in the critical decision making model to go out and review the entirety of the situation but tat totality of the circumstances correct there is ground 0 and the totality of the circumstances is more than just how you interact with the subject with whom you are arresting right it's good that would include citizen bystanders it what to do when a citizen bystander starts filming the it's going to be as are. how to try to interpret whether citizens pose a threat or a risk right or how to consider you would consider your own interactions also with the suspect themselves for act as it were and you describe this critical decision making model as being a very dynamic ever changing thing based upon information that comes to the officer

in real time right there is going to isn't and so an officer may consider who has used force may move backwards in the policy but may have to jump somewhere else in the policy because new information or the model s. are and so it is a constantly evolving process where an officer isn't trusted to make decisions based on all of the information that he or she perceives correct those words are yes or right and that also would include training right there training. and other things that may not be apparent to a citizen deserted a tactical decision making for example deserve knowing that medical help was on the way right these are. making decisions about officer safety

yes or so all of these it's not just one small thing that you're focused only on the subject that you're arresting you're taking in a lot of information and processing it all kind of simultaneously through this critical decision making model or grade those agree yes there are and so in terms of and i'll take this down for now but in terms of the. information that you. advise or talk to officers veteran officers about how to recognize the signs of someone in crisis or it is or and the minneapolis police department policy on crisis intervention has a pretty safe bets if it definition of what constitutes a crisis it is or it does not it's not limited to someone who may have

a mental health problem is or it's it in it could include people who are using controlled substances it is or it could include people who are simply experiencing some event that is overwhelming that is are and that may be losing a job or getting a divorce but it could be what that person is observing at the time agreed is or and so the crisis intervention policy actually defines crisis as having a trajectory correct it is there and that that trajectory can increase in its severity over time the answer and that's why it becomes important for an officer to create time and distance right gives or and creating time and distance for an officer is an important part of the deescalation process as

a user and would you agree that you train police officers that as that intensity of crisis increases the risk or threat to the officer grows greater. i don't believe a specific like that because at the intensity of my training is that as the entity increases a you have the decision and you let you set the time you try to bring it down not increase the intensity of it i'm what i'm talking about is not the the officer trying to increase the intensity of it my question is this as a person is in crisis and the intensity of their own personal crisis grows you train officers that as they kind of get more intense the risk to the officer or others is greater yes or and in

fact. officers are trained to respond to that in a variety of words yes are. some of the some of the techniques that the minneapolis police department trains both veterans and recruits would be to to have a confidence about them. confidence about them right yes or an officer should try to appear confident and his or her actions yes or they should also try to stay calm right it's or they should try to maintain space right yes they should speak slowly and softly as are they should avoid staring or eye

contact there's or. and alternately when a police officer is dealing with any situation they could be dealing with any number of people who are in crisis. yes very. the subject the arrestee may be in crisis yes or. people who are watching may be in crisis as are another officer could be in crisis gives or right and an officer has to take all of that in and do this assessment and make a determination as to what his or her next steps will be or gets or. and the observations of the officer in that situation i think you describe done direct examination you describe that an officer will also take into and apply to

the crews and the critical decision making model his own sensory his or her own sensory perception yes or so the touch of having a feeling i suspect the tense is are or loose yes or what they may hear comes into play yes or so if they hear. people frightening them or if attention threatening violence that goes into that critical decision making model as well gives or and oftentimes the scene of an arrested individual is very tense right there is a. i have no further questions. and you redirect it.

we could publish exhibit 276 again please. thank you so i'm just playing again the critical decision making model that you been testifying about in the thrust of your direct testimony was using this in terms of assessing a person in crisis for the purpose of determining whether or not they needed medical interventions that right yes or. no in discussing this and i guess relating it to some of the broader force concepts that the defense counsel was questioning

about again all of these things must be taken into account when deciding the next step is that right yes or no and the officer always has to keep in mind their authority to act that's one of the parts of the model is that right yes or no defense counsel asked you if the officer should just focus on one small thing and i would like you to make some sort of comment on differentiating between a small thing and a big thing because you would agree that something that is a big thing would probably be more important than a small thing right. it depends on what the big thing is and what the small venues well for example if we're looking at assessing somebodies medical condition for the purpose of rendering emergency aid would that be a big thing or a small thing that we. if then that is contrasted with say.

a 17 year old filming you with a camera would that be a big thing the filming or a small thing there will be a small thing. and so then if you're taking all of the situations all the circumstances into account you have a big thing you have a small thing you're going looking at your authority to act and that's policy right it's there and policy would include. the policy governing the use of force and that it must be reasonable correct if they're in a would also include for authority to act the duty to render medical aid is that right yes or as the policy is practice or which includes not only contacting the ambulance but performing emergency aid like chest compressions or c.p.r. gives or. nothing further and they were there.

were who. sergeant yang in terms of the critical decision making model again you're analyzing all of these things medical aid threats. from citizens or observers whether people are recording what you're seeing what you're feeling it all is premised on whether it is safe and feasible to do something correct yes or nothing for. you know you're right. the 1st thing you know under. well that was sergeant kyle yang a crisis intervention training coordinator with the minneapolis police department they're just wrapping up his testimony now he's appeared as a witness for the prosecution has also been cross-examined about the training that's given to officers especially when it comes to dealing with a situation with someone in crisis another witness is now coming in we are into the

2nd week of the trial of former minneapolis police officer derek schreibman his facing charges including 2nd degree murder after the death of unarmed black man george floyd last year. our 2nd witness of the day is being sworn in that cessna. this. is where or for the penalty for this lawyer but he will be the truth that if he were to guess that those people that. know that if you had to spit when i was going to ask you to do it if we could have you state your full waves bill you tube it was johnny mercer. and white merciless n.p.r. c.e.o. this is the issue thank you your honor sir how do you employ the city minneapolis police department and what do you do for the city of this i'm currently a medical leave but i'm a lieutenant with the embassies department. how long have you been with m.p.t.

since 1906 i'd like you to tell the jury a little bit about yourself 1st could you share your educational background this year i got a 4 year degree from the university or the court of criminal justice studies what year i graduate $95.00. and after you graduated from the university did you get a job in one force right away or did you go elsewhere no sir i got hired for many of the slaves department in 1906. and joining the minneapolis police academy. describe your cata experience as a get out so we did a combination of a police academy along with college courses to qualify for the minnesota post test did you take and pass the tests your lists are licensed peace officer. will that we don't talk over each other that they get yes or right after you completed your coursework with you cademy did you go into field training program yes or how long

were you in that program i believe was about 4 months at that time and then you received your 1st assignment as a police officer so right yes or can you please tell the jury what your 1st assignment was where were you and what were your duties as a patrol officer signed to the precinct which is saw at least annapolis. duties or are patrolling the streets answer no one calls. how long did you serve as a patrol officer in the thirty's. initially for a couple of years and then i went to the community response team which is a plainclothes unit one of the it's also referred the community response team effort called the c r t yes service or asserted search team what is that. they respond to the local communities concerns about crime. prostitution drug dealing game typically how long were you with a certain i did that for about 3 years and then what was your assignment afterwards

in there i went to the mount to show you didn't and that was technically downtown you know at the time was a mounted patrol unit do we patrol on horseback how i mean the crowd control for busy times in minneapolis we focused on barnacles in downtown minneapolis. god wanted to do that full time for a year and a half and then i went to patrol in downtown little watch priest how long were you in downtown to watch side. i was on downtown middle watch until 2006 i'm going to get promoted to sergeant. in order to be promoted for sergeant to take an exam and pass it. yes or it's a. civil service exam along with assessment center and after you were selected a sergeant you received your 1st sign yes or what was that went to the robbery unit

in downtown your city hall and then from there i went to the juvenile unit. and then i ventured up back down town on patrol as a supervisor. and how long did that take what year we have to now oh i think we're at about $270008.00 and after that i was there for a couple of years i end up going back to model patrol full time as a sergeant in charge of the unit that went through 2009 i went back to the street for a body year and a half and then i went to the minneapolis police department's gang enforcement team as a sergeant. and then we from there investigated again crimes gun crimes and then after that assignment and up on the north side on patrol for about a year year and a half and then i went back downtown as a sergeant on the community response team the search team down town. and then in 2017 i took the exam for the tenant and passed and was

a lieutenant in 2017 and where were you assign as a lieutenant after i got promoted i was transferred to the training division in charge of use of force. i'd like you to talk to the jury a little bit about your own background in the use of force you familiar with the minneapolis police department policy regarding the use of force yes or training for some years about that was a part of your academy training. partially you know you get to be familiar with the use of force in the academy and then after you left the academy did you have to take refresher courses which would have included use of force training every year yes sir in order to maintain your post license and stripes or have you had training beyond that beyond what was presented at the academy on your yearly certification

yes sir could you please describe it as i became a a part time use of force instructor in about 2010 and i maintain that part time status of the use of force instructor up until i was promoted to lieutenant or i went to the training unit full time what did you have to do to become qualified to be a use of force structure went through different courses designed to train us up on use of force. i also started. training brazilian jiu-jitsu for the department as part of a ground defense initiative. several other classes in and different academies that went through to. and i'd like to maybe qualify a few terms we may we talk about use of force and use of force training we also hear the term defensive tactics can you differentiate between the 2 i think they're interchangeable i think use of force is probably more appropriate term but i think

the fence of tactics has been more of a term that's been used longer so people can refer to use of force instructors as defensive tactic instructors would have defensive tactics it in terms of defense defensive tactics instruction include more hands on type instruction you'd much brazilian jiu-jitsu for itself yes or. were you interested in brazilian jiu-jitsu before becoming a police officer how did that no sir i was a martial arts or college and then i got interested in it from some of the other use of force instructors kind of recruited me to do that and really if fell in love with the art form and and really what its implications and uses are for law enforcement specifically. would you please just provide a very high level overview of what brazilian jiu-jitsu has some of its basic principles its or its it's a form of martial art that really focuses on leverage and body control deemphasize

the strikes in true brazilian jiu-jitsu there aren't strikes there's no punching or kicking it's using your body weight kind of like wrestling and joint lock manipulation the neck restraints things. things that you know pain compliance as well as. physical body control and to get people to comply so use it for is a pain compliance what what is that take appliances. using a technique that causes the person using it against to have pain so they comply the or whatever it is you're asking them to do so if we're using example maybe from childhood you're familiar with a game or see yes or right where you lock fingers. twist down and somebody has to submit is it similar to that this or all right.

although brazilian jiu-jitsu is not the only defensive tactic that officers at mt are trained on is a no sir it's just one of the variety of different tools that can be employed. to deploy force is that right that's correct for the purpose of enforcing the law. as you heard. then. use of force instructor if you became certified did you have to become knowledgeable in all the relevant departmental policies and procedures regarding the use of force the 5 dash 300 series yes or as well as state law governing the use of force which is largely integrated into minneapolis departmental policy is that right yes or no and you indicated that you were lieutenant you were a lieutenant over in the training center right training divisions or training division and please describe your role as

a lieutenant in the training as far as in charge of the use of force i was also in charge of our patrol operations section of training as well as the police range and i was in charge of all of our continuing education to make sure that our officers are fulfilling their post mandates to maintain their license to be a police officer and it is part of that to make sure that you're properly reporting to the post board you keep records sign in sheets and whatnot that. particular officers having completed training is that right that's her and those training hours are collected and reported to the workforce director program. yes or so you have an accurate record of who's been trained in what is a right this shouldn't end. isn't. it when you're the lieutenant of the of the train division in you with use of force you coordinating both pre-service and in-service training yes or in the pre-service side would be use of force on the range and patrol operations the in-service side is what we consider to be the pulse

the pulse mandaean so we have to keep up with that's the post service site in service in as a lieutenant obviously you're in charge of you know you're in a position of rank over the sergeants is that right that's right and those are usually the level maybe the trainers that largely be at the sergeant level there are maybe officers who have some sergeants overseeing as the lieutenant in the person in charge of the of of this training are you familiar with the curriculum that is imparted upon both pre-service and in service train yes or you help develop the curriculum yes sir and you approve the curriculum yes or the curriculum could include will does include just a general booklet that's put together by the a defensive tactics instructors is that right yes or that booklet contains says the general concepts for use of force are imparted on pre-service trainees and

in-service training is that right that's correct if i could show exhibit 126 just so the witness. i'm showing you it's been marked for jennifer kishan as exhibit 126 it's labeled minneapolis police department use of force manual academics and techniques produced by the m.p.t. defensive tactics team are you familiar with this document and its predecessor documents yes or. does this document contains sort of the general curriculum and knowledge that's imparted upon impede the pre-service and in-service training yes to offer exhibit 126 and. one does exist receive. and we won't publish that at this point. india will also. participate in and approve various classroom powerpoint training sessions that are in part of

the pine pre-service in service tree yes sir. and at this time of the witness i would like to show it's been hard for jennifer cation as exhibit 1000. exhibit 119 is a slide deck that's labeled 2800 defensive tactics in service is that right there if you could show the witness the 2nd page and do you see your name on the flight deck listed at the top of the instructors. are you familiar with the contents of this particular powerpoint presentation or slide deck. yes. did you did you help create a yes or an you approved its use during the training is that right that's correct and it's listed as

a fall of 2018 so this was what would have been provided for in service training so . experienced performing officers during this 2800 section correct that's correct and is the training that's provided you know you have quite a few minneapolis police officers who have to go through the training right yes so they're not all taking it at the same time that's occurred but if someone is has completed the fall of $2800.00 in service defensive tactics training does that mean that they saw a slight yes or. a law for exhibit 119. or 118 is received. and we talked about. training records as well inside and shoots and so i'd like to show the witness exhibit 124. exhibit 124 is labeled 2018 annual in-service training program group b.

. yes sir and i see your name at the top as one of the instructors is that right as current and this is a sign in sheet that would show different officers who sign and having taken the training that's correct you turn to page 2. do you see the name derek shaaban on this sort of training roster yes sir. are you familiar with that name derek shaaban yes or showman sorry derek children do you would you recognize the mr showman if you saw him in the court today yesterday do you see him today would you please point to him to describe what he's wearing. lately shirt and a gray jacket with the record reflect the witness is identified the defendant and.

it will. go back to peach one. and at this time i will offer exhibit 124. 24. received permission to publish 124. right if you could highlight the instructor walk in title. all right again you see that this is the 2018 training was provided and on october 1 2800 separate yes and again you are listed as one of the trainers correct. and if you could go to page 2. highly please. in there you can see

that the training was attended by the defendant is that correct yes or. you can too. how many times you think you've provided training like what we saw you exhibit to various officers over the years hundreds of times or did is this slide deck that you identified as being the 2018 version fairly consistent with prior versions of the use of force training you provided. the documentations or yes yes so when you do use of force training and there are generally 2 components right there's classroom component and then there would be no more of the tactical component you know practical exercises is that right that's right and what we saw in the exhibit

was there was a classroom of all i believe so ok. well what i'd like to do now is publish exhibit $119.00. and just like you've done hundreds of times before i would have you explain some of the selected slides to the jury all right yes or. no. please turn to peach 2 or 19 and again you can see your name listed on this in-service training as one of the instructors as i write yesterday and turned the page for. page 4 of the slide deck contains policy references that right yes are those and you testified that you're familiar with the policies the use of force policies when the objectives of training is to impart the policies teach those policies to the

attending officers yes or. and so this is from the minnesota sorry the minneapolis policy manual 5 dash 301 would you please describe to the jury what this slide is intended to convey. yes or there's looks like there's 3 bullet points the 1st one to sanctity of life in the protection of the public. that is the cornerstone of our use of force policies is the secular life of the production the public. also a clear and consistent force policies we like are policies to be easily understood and then they use of force standards do fall under the 4th amendment reasonableness tendered. and says we're talking about use of force and like to turn to page 7 of the exhibit $1000.00. when we talk about use of force you explain to the jury what what is force. it's

less than the slight or intentional please contact involving any weapon substance vehicle equipment to a device or animal that inflicts pain or injury to another physical straight to the body physical contact to the by inflicts pain or injury or restraint applied to man or expense or circumstance likely to produce injury so you train officers that restraint is a form of force is that right yes or and when applying force applying restraint the restraint has to be reasonable correct correct and it has to be reasonable at the time it starts and the time it stops threatening. are you familiar with the concept of proportionality yes or if you could turn to exhibit peach 8. and you discuss of proportionality to

training you use this exhibit is that right yes or no in general without using a slide for a moment just explain to the jury as you would a group of trained. what is proportional force or you want to use the least amount of force necessary to to meet your objectives to control and if those lower use of force do not work. would not work or too unsafe to try then you can increase your level of force against that person. see do not work would not work or unsafe to try it sounds like you may be of use that phrase attacked yes or is that a phrase that you used it pretty much every training that you've given use of force when there is a power point or we talk about use of force we discussed proportionality regularly . and you said that you want to use the least amount of force is necessary yet

yes why is that because if you can use the least amount of a lower level of force major objectives it's safer and better for everybody involved. and we talk about proportionality is proportional to what. i'd say the level of resistance you're getting and the level of resistance would be dependent on who. the subject that you're using force on the specific subject yes. at this time are asked to publish exhibit $110.00 and this is the item it's already been received into evidence. do you recognize what's in exhibit one town yes or what is that was. technically called the defensive controllers response training but a lot of people were for this is a use of force continuum. in we were discussing the concept of proportionality and you talked about subject b.

heat is that right yes subject behaviors over here on the left hand side correct that's correct and the subject behavior can vary from i guess nothing passive resistance all the way to act of aggression correct yes or and then in terms of proportionality there's various tools that are available to a law enforcement officer based on the subject behavior that's correct and some of these tools if we can take an example with the active in gresham one response could be what up to and including deadly force but gun for lower levels of subject activity such as passive resistance right that could include things like presence of verbalisation that's occurred. and is this something that you use with law enforcement officers are trained to graphically represent. the concept of

proportionality. i'm not sure previews a specific proportionality of force but we have used this in the past to describe that as levels of resistance increase that series of response and also increases. in similarly as a levels of resistance decrease which of the officers. use of force is all in that's actually listed on this response and control guide is correct. if you would clear that your honor. and you'd indicated that you train officers that they should use the least amount of force that is available and that's reasonable under the circumstances that right to meet the objectives yes and explain that so you want to use the least amount of force to if you try to control somebody. might be

a low level force and if you try to get them in handcuffs and are fighting so you want to use a last level of force possible in order to meet those objectives. in lower levels of force fair to say when you're using force people can get hurt yes or the subject can get hurt the officer get hurt yes or is that one of the reasons why it's better to use a lesser amount of force yes or no in another reason is that it's require that right yes or if you could go back to exhibit 1000 and publish the 12. and you you train this to officers is back to your training materials is that right yes the minnesota statutes provided this is integrated into the m p t policy. the concept of minimum restraint is that right now it's current and i'd ask you if you can please highlight the 1st section i'm sorry the 2nd

section. right what is the policy in the statute provide regarding the amount of restraint that can be used on the rest subject on the 1st line talks about the officer making the arrest not subject the person arrested to any more street than is necessary for the rest in detention what does that mean. means the minimum amount of force that you need to accomplish the objective of arresting and detain somebody is what you should use. well you're. familiar with the circumstances that bring you here today is that right yes or and i need to show you

a photo that's been received into evidence and exhibit 17 to publish that. you see exhibit 17 and you see the defendant on top of a subject that you know to be george floyd is that right yes or. is this a use of force yes or if you can take that qualities. and i want you to discuss in terms of using force and using it safely what you teach your trainees about sort of the frailty of the human body. it's important to be careful with people is that right oh yes it's very very careful there's some parts of the body that are more prone to injury than others correct a skirt and you train on that is that right yes or if we could display the exhibit

119 peach 49. now this is from strength training all right that's hard but it does it generally helpful in describing what some of the more sensitive parts human body are as you train and the atlas police officers. related to strace yes going to be wrist related to other types of restraint as well. i think you can stretch that song. you know exactly what's the question exactly going to start is it fair to say that the areas that are marked in red the red zones are more prone to injury than other parts of the body that could be serious yes so for example the back yes and the head current on the stern of the chest is that right yes or.

in this wouldn't just pertain to strikes it could also pertain to pressure could not. yes. that's something you probably knew before you even did a use of force training yes or. no i'd like you to then discuss with the jury the concept of neck restraints and if we could publish it page 52 of the exhibit. looking at the time period. that you were doing this training neck restraints were authorized by m.p. policy correct yes or can you please describe the training that you provided to minneapolis police officer regarding the use of neck restraints yes or we we go over the techniques definitions up to a neck restraints then we'd go through different reps of the neck restraint to get

comfortable in doing it if you just give the jury an overview of what a neck restraint is yes or so all neck restraint is constricting the sides of the person's neck and they refer to as a vascular neck restraint so you're slowing the blood flow to and from the brain with the intent to be in control of the subject. and there are 2 different types of neck restraint in the m.p.t. policy is that correct yes or in those are what the 2 levels are conscious neck restraint so that means you grab somebody up and they're still conscious and you can gain compliance with many people with that and then there's unconscious and that's applying pressure until the person when they're not complying you put in a pressure that they become unconscious and then therefore comply how does one actually apply a neck restraint. we teach a couple of different techniques but the basic idea is use your elbows a landmark and you place your arm across your bicep would be on one side of the

neck and you're already on the form you know side of that and then there's a couple of different hand placements but then you apply pressure with head pressure on both sides of the neck. to gain compliance and you are demonstrating we're using you're using your arms that's correct and also be done with the leg it can be done the leg does m.p.t. traina how to do it with the way we may show the younger officers and the cabbie what that looks like but we don't train neck restraints with the opposite in service even as far as my knowledge we never know how trained or street work. i'm sorry how trained leg neck restraint are people that watch anime is so professional fighters they call it the triangle choke and i use that term choke loosely that's just what it's called but that's when you place your your leg over somebodies back across your side of their neck and then you trap there are men so

the person ends up having one arm in and their arm causes pressure on one side and the leg causes pressure on the psych and and you can actually run or somebody conscious if you hold that long enough the what part of the way you see is the inner thigh inner thighs so in this scenario using a leg to do a neck restraint would be nice sort of replace the elbow in terms of placement or how would you describe it i would i would say that need doesn't really replace the elbow your 5 would be across the side of somebodies neck your leg across their back and you protect the airway or really with the space that's created with their arm being pinned in there. if you could do please just next page ph 53. use of neck restraints you describe in using the service concepts of proportionality when it's authorize

it's use a neck restraint of 2 different rights yes or a on subjects or actively aggressive which means assault of their actively resisting in other techniques haven't worked you can use it then. and then on the bottom it says no that he can't use it and subjects were passively resistant. and if you could go to the next slide a peach 54. it in after neck restraint is applied to are certain guidelines that you train that have to be followed is that right that's true for the care of the individual upon whom the neck restraint was applied yes or. if we could publish. exhibit 110 again and bringing this specific topic back to the concept of proportionality could you mars those. one of those stylus up there. oh yes i do you

can you can touch the screen and make a mark here. unconscious neck restraint and unconscious neck restraint as when the person actually be rendered unconscious cracked that's hurt and intentionally so yes or if you please underline unconscious neck restraint as you see it in this response and control this or and what subject. activity what level of subject activity would be required to use an unconscious neck restraint well according to this chart it's in the red areas so would be act of aggression. and you agree with that. if they have the last line we talked about activate resistance of other techniques didn't work but definitely in the aggression is where it's placed if we look you can also find a conscious neck restraint and that's the neck restraint that's used for the

purpose of control correct could you underline where that is this force continuum exhibit one tell. and so the conscious neck restraint is authorized in circumstances where others in fact active resistance are right yes or . so then if the air was something like passive resistance or the conscious needed the conscious neck restraint nor the unconscious neck restraint would be authorized as that right would not be on the rise not the officer and an unconscious neck restraint would not even be authorized for some forms of active resistance where it. is correct. if the subject is offering no resistance obviously no neck restraint would be authorized that's her or any restraining order or any more or any restraint if there is no yes generally no acquittal.

in addition to the. classroom training you actually teach officer children physically how to do these sort of neck restraint yes or. at this time i'd like to republish exhibit 17. sir is this an m.p. d trained neck restraint notice or. has it ever been not to my neck restraint holster. is this an m.p.v. authorized restraint technique knee on the neck or would be something that does happen you support that isn't an authorized and under what circumstances would that be authorized how long can you do that i don't know there is a time frame that would depend on the circumstance of the time which would include what the terror is that you're getting from the subject that you're getting and so

if there was say for example the subject was under control and handcuffed would this be authorized i would say no. you can take that no. continuing in this defensive tactics presentation if you could go back to exhibit 1000 page 56. you also teach officers the proper handcuffing. techniques is that right yes or in corning to the handcuffing techniques to handcuff their to be handcuffed behind the back and the handcuff has to be double locked.

well we've just been hearing there from new tenant johnny mesler from the minneapolis police department he was part of the training team for the use of force by officers including derek 7 back in 2018 now he's been testifying about proportionality just how officers should use the minimal amount of force necessary for arresting someone also taking into account the sensitive parts of the human and anatomy now right now both sides the defense and prosecution are having a side bar they're having a bit of a discussion around some kind of an issue and we will resume with that questioning strongly well in the meantime lieutenant mesereau had described the training that he was given about nick restraints pointing out that officers on actually practically to the use of legs in that chris trains we are now into the 2nd week of the trial of former minneapolis police officer derek shaven he's facing charges including 2nd degree murder after he knelt on george for its neck for nearly 9 and

a half minutes last may well they've just taken a little bit of a break we are now currently in recess in terms of the trial would be coming back to that as soon as it resumes but for now let's bring in alexis heard she's a law or lecturer at columbia law school and a former senior counsel at the end legal defense and educational fund she joins us now from new york alexis you yourself used to be a criminal defense lawyer what do you make of the line of questioning that we've been seeing so far here. thank you for having me and good evening good morning in new york what we're seeing here is not a question of officer former officer shoguns intent rather the focus of the state and the defense is whether his conduct was reasonable and his conduct caused george floyd's death and so as a defense attorney as offense counsel we see mr nelson continually questioning cross-examining the state's witness witnesses on whether or not show them is

conduct was reasonable and the point that he's able to make are brief and small relative to the weight of the state's case i want to remind our viewers how rare it is to see and hear police officer is testifying against her and with this officer we have now the 7th employee of the minnesota police department testifying against a former officer and what we have had in most of these cases is if a case like this goes to trial if there are charges we have a blue who was all of silence which is this unofficial no i'm legal term that officers protect each other even when facing charges so this is such an exception and when i see here is this narrative of this sort of bad apple that we have the minnesota police department these are policies this is the way we operate and what officers show and former officer showed and it is an exception he's one that apple

and what i want to make clear to the viewers is regardless of the outcome of this trial we need a major fundamental reassessment in the united states of how police officers operate it is much larger than one potential conviction a former officer sherman when we had a little bit of that yesterday when we had from minneapolis police chief and the di am now i'm i'm curious given the weight of what he said yesterday more. hearing now in terms of the level of detail from the people who actually trained and when it came to the policy and even practical hands on training really what can the defense do here in terms of trying to come back and say oh no no wait actually he wasn't not he wasn't violating his his duties as an officer. yes so what we're seeing from the state now is a parade of witnesses including the police chief as you mentioned detailing the

written explicit instructions and policies of the minneapolis police department and what's key here is that reasonable this is determined by what an objective officer faced with actual facts no facts and circumstances of the time at that instance when they were experiencing and was their conduct reasonable so the only thing the defense can do right now is to highlight moments in instances which you may have characterized could characterize for officer shoguns conduct as reasonable so that's what we hear on cross-examination of this attempt to portray the crowd as the rennie as angry and they were distracting from an officer show and so these are small moments but i think for most lay people this is not really moving the needle we heard from parade of all a witnesses that they were not angry there was physical distance between where the

by standard stood and where the action was happening behind the vehicle with the officer it's including from us a show in physically on physically restraining george floyd and the state is building a very strong case each witness has made clear that even the use of force is allowable is acceptable under the policy that officers must stop using force when the suspect. stops resisting and we've seen now from several vantage points the videos where george floyd is no longer resisting in fact his motionless and even before that point his hands are behind his back his or prone position which we hear repeatedly is not the way that suspects can remain. when our series are using force they must truly be on their side we hear that from all tipple oxers from the department and there's also been

a discussion about the provision of of health care and medical services to that alexis hogan law electra and columbia law school great to get your thoughts with us here on out.