and that is standard protocol standard police practice basically in every single department that your from our. that i'm familiar yes and you are trained yes. and there's the immediacy of the handcuffing correct correct and then there's the need to continue to control the suspect cracked if they're resisting yes and then there is simply holding someone or restraining them to decide what you're going to what your next steps are going to. yes in most cases however specially in the last 20 years of so that are trained once you handle the person even if they are still resisting is to want to try to put them in somewhat of a cyber coverage position or set them up even if there's no reserve yes and hold

them down in this i would probably position or you know as a hollow. you would agree that the minneapolis police department are trained that when a person is handcuffed and then rendered unconscious that officers need to use caution in an handcuffing them to revive them. not familiar with that did you as a part of your analysis review any training materials regarding the use of the lateral vascular neck restraint yes just looking in front of you. did you look at this training material is.

officers are trained that if c.p.r. is needed to use to remove handcuffs 1st right and to use caution because the subject may revive agitated and ready to fight credit you've had that training too yes you've had that experience where someone is rendered unconscious is revived and fights you more. not that they passed out and then they came to yes and then they fight you more. looking at what's already in it evidence on the 200-1000 use of force manual. slide 41. this is what we're talking about in

terms of the prop the prone arm control. and you see a photograph here officers knee appears to be across into the shoulder blades and between the shoulder blades across the had a neck area of the person. is attempting to enter the person. i have this is and. that's what i have. i don't. know. who doesn't i'm. sorry. to beat stan to one for 6 or 20. different tactics. which was.

your honor this is from exhibit 126 which is already in evidence and. for permission to publish it. again you see here this officers knee appears to be over the neck and head of the subject as he's attempting to handcuff him correct correct and so there are circumstances when the hand the knee is put in this

position cracked yes but also as are all always caution to try to stay away from the neck as much as possible are we can take. now you were shown a series of photographs that compare comparative photographs and i just don't have a copy of that right now i believe it was exhibit 274123. there was. one photo would it be possible that. the photo if we could publish this. exhibit in this upper right hand corner.

yes. mr shogun the right shoulder is down lower right than the left shoulder yes. and that would be consistent with more of his way being on his right side correct yes. we can take them. and again when we look at still photographs what we are what we miss is sort of the dynamics of what's happened yes so no weight can be shifting from side to side at times. and if an officer is generally speaking on his toes the jordie of the way is going to be in the feet that's what you're trained yes that's what was

a trick and so if his left leg is foot is off to the side he has no weight or he has less weight on that side of his body because his foot is off to the right yes and if his right for the toes are tucked under that would be consistent with having the majority of the way on the right side i guess. and again in uses of force that you've you would use yourself or in uses of force that you have reviewed. often times these things uses of force leave injuries on a suspect right yes and if the weight of a human being was placed in a particular area based on your training and experience reviewing police uses of

force you would expect there to be injury where the majority of the way exists right or. overruled you may. not necessarily know. but obviously medical doctors may be able to answer that better correct. you would agree that. may 25th 2020 minneapolis police department authorized the use of neck restraint. and that the conscious neck restraint was not considered a lethal use force quote. so

. i would like to show you. a series of photographs that were introduced yesterday starting with. exhibit 1045. so before we before we go there you would agree that the some of the problems with photographs are that again it doesn't capture a single photograph is going to capture the dynas the dynamics of what's happening . in some cases yes weight can shift right here in a video versus a still photograph. and positions can change right yes and those things can happen throughout the course of the time of use of force yes now like to show you and publish the exhibit 1045.

i don't know if you've seen these but these are still from the body one camera. it's a little difficult to see if you are the glare here but maybe you can see it better on your screen. or feel free. in this area here it appears that you can see officers. left. yes and that officer shoguns shin appears to be sort of parallel to or over mr floyd's left shoulder but. it's hard to tell it could be he is. neck or short shortly in this deprived in here. area between the 2 shoulder blades he's handcuffed right causes the shoulders to sort of come

back i'm sorry you're referring to his left knee correct the right you stated is left knee. yes of left knee appears to be based on the photograph i'm looking at near the neck area of mr ford in between the shoulder blade here will be the shoulder way behind his hair above it i would say it was in between it's more looks like it appears to be more above the shoulder blades than it does on that show the blades are below almost resting on the shoulder. above our now would you would say all the above you are but it appears to be angled in towards the kurds correct yes. sure knew. just where their gun. that being at $22332.00. is.

again you can see mr short mr lloyd stronger right here a little bit more pronounced yes it appears to be above the shoulder blade that mr shoguns. mr for a shorter way to slow more pronounced mr sherman's shinar appears to be her calf excuse me appears to be. correct angle in towards the squad car correct slightly gets. 1047 this is now at 2027 years to be a different angle right yes and you can get a much clearer view of the placement of mr rove and me. and again here you've got the shorter. mr show me sort of at the base of the neck.

looking finally exhibit 1048. you can see mr whitehead in this picture yes i think gives you again a deft perception of the placement of mr sharon's knee relative to mr for somewhat yes. we can take this down. to show you work has been introduced into evidence. which on the left hand side of your screen you see that appears to be the vice ganda video yes on the right hand side that's from mr king's body worn camera yes.

you'd agree that at this point based on everything that we've seen in the same photographs on the left hand side appears that mr shoguns knee is on mr ford's neck yes. more of the base of the neck. and from officer king's. body worn camera appears that it was more of the base of the neck in between the shoulder blades yes. and in fact as you review some of

the videos on mr ford it was. on. the prone position there are points in time in which mr ford picks up his head and moves a grid he attempted to really do and yes he stated he couldn't reach so you assume he was attempting to try to breathe better but he was able to lift up his head at some points turn. it and. i have no further questions. brederode. thank you your outer. circle to clarify

a little bit i'm. here. to clarify a little bit no risk if you testified to with respect to positional asphyxia yes is the risk related to the pressure on the neck or the pressure on the body is the break from the body any additional pressure on body of complicates breathing more so. if there was no pressure at all in so the placement of the knees even if there can be shifting between the neck the base of the neck the point is that both of the defendants knees were on mr floyd's body during the entirety of the restraint period so yes i. want to ask you some questions about what may have been apparent to the defendant when he 1st got on scene you were asked some questions about being dispatched

you know that the term code for correct correct and were you aware that prior to the defendant arriving on the scene that officer lane had called quote for. revealing some of the documentation things that each what is that. everything is ok that we have the suspect in custody so at least at the time the defendant arrived he would have been aware based on the totality that code for the call yes i'd like to direct your attention to the moment in time he would have a rise. in full. exhibit 43. for the record officer wayne's body work camera and i'd like you to. have times have

201720. i'm sorry i can't hear you. all right well we see that. you can leave it at 20 or where it was good all right so we see in the still frame now for the record the time stamp is 201720. this point in time we see officer tell. would be next to him the defendant

arrives. yes i'm leaving this is shouldering. charlotte. and i asked who began publishing to the jury. i'm not gonna. give you a good day i gave him all the you know and you know with. me it's your gal it's called. the folding and how you want to know you. have got the phone with my daughter my aunt over here i'm going to pull you. know you're not going to put up over volume of dark ok get me another baghdad man in the car i'm out of baghdad ah. well.

sir. in assessing an individual and in the tally of the circumstances that would have been. apparent at the scene really able to detect any indication that mr floyd was under some sort of distress. based on his comments and based on his actions yes it was a possibility is that something that would have apparently officer shot on the defendant would have seen that. yet is would a reasonable officer have taken that into account is. that the force that was used here during the restraint period. by the defendant was a fact excess set right yes you were asked us to distinguish between the

standard comment on the standard of of objective lee reasonable force is that your opinion to a degree of professional certainty that the force you have done a fight is applied by the defendant during the restraint period was it objectively reasonable or not objective with not objectively reasonable it is that the basis for saying it was excessive current. you were asked about. different techniques for deescalation and the telling of someone to relax and like you to comment on the context in which mr floyd was told to relax. in it appeared in the video that he was told to relax as he was stating that he was in a medical distress he couldn't breathe and that he was in pain. and so again the context

the words of the defendant versus the actions telling someone to relax when you're sitting on top of them is that ineffective deescalation technique in here opinion. or if you will not necessarily. as to an officer or reasonable officer reassessing and reevaluating the situation they also have to take in information related to subjects potential medical condition is that right do you agree with the statement in your custody in your care yes i does or does that mean that means once you take someone into custody then you're responsible for their care and can you as an officer simply opt not to believe them. no you have to consider the context correct correct when all the needed to most case i'm sorry i cut you off could you please repeat i'm sorry or

you're obligated to. part of your duty. in the context you saw here in which. the mr floyd was manifesting some distress do you believe the defendant have an obligation at least take that into consideration in the tally of circumstances when considering to continue the type of force he was apply absolutely as the time went on clearly in the video you could see that mr floyd's. medical his his health was deteriorating his breath was getting lower his tone of voice was getting lower his movements were were starting to cease so at that point as a officer on scene you have a responsibility to realize that ok something is not right something has changed drastically from what was occurring earlier so therefore you have

a responsibility to take some type of action so you were shown some training materials clued photographs of officers in positions in which they would have their legs on subjects' back at base of the neck is that right yes in a photograph you were shown that subject was not yet handcuffed was no he was not and the purpose of situating oneself subject is to gain control in order to handcuff you yes and what is the officer supposed to do after they handcuffed you immediately through the person or put him on the side recovery position. you were asked to comment our sort of notion that something he said on force do have to uses of force are not attractive to the public. record and in

fact are asked about a presentation. given relative to that. awful lawful yes'. to be lawful the force must be objectively reasonable correct correct. and if there if it is unlawful. what's left. with the whole premise of the presentation was that in certain situations based on a policy or particular law even though the situation may be deemed lawful in the communities eyes the the use of force is awful so it was stating that hey in these situations you can have a situation where by law it looks horrible to the common eye but

based on the state law it it's lawful but if it's not objective we reasonable and it's not lawful then it's just off correct nothing for. you were not personally their doctor correct the day of this incident correct and you would not have. knowing how people were feeling cracked crippled with not knowing how they felt terms of their perception cracked. you would not know. how mr floyd's body felt at that moment cracked only what he was verbalizing.

i'm talking about terms of the stiffness or tension of his spot correct. and again in terms of your use of force reviews in the past you said you're a peer reviewer how many reviewers look at the end of the incident in terms of a use of force. from start to finish. numerous in a sense lease department it starts with the sergeant who's doing the investigation then from there it will go to the watch commander who happens to be typically a lieutenant or another sergeant and the training corps nater then they make recommendations and then they send it to the captains of the division and that that point the captains with then send it to the bureau and that's where i was at one point as well in the bureau makes recommendations and then it gets sent up to

another unit and they make the final recommendation in that in regards to the more serious and serious ones where i was a peer member. it goes from the investigators to the use of force review board which is a 5 member board for command staff and appear and that peer review board the 5 people they make recommendations to move up the chain yes so they make recommendations i'm sorry no ours was to my face they make recommendations to the chief of police in the chief of police reviews it he makes recommendations to the police commission and the inspector general's office also reviews all the evidence as well and they make recommendations. most cases they concur with the chief in some cases they disagree and then finally a presentation is made to the police commission and the police commission at that point makes the final decision so there's layers of review right and ultimately in terms of just that 5 member review board right when you were describing. are those

decisions always unanimous you know as to whether or not it was a reasonable use of force you know and sometimes those 5 people they may disagree with each other yes we have a something what we call a minority report i've actually written a couple of those myself but yes if one person or a number of people on that board will disagree then that the ones that disagree the minority have to do a report basically tell them what their case what they disagree so even within that process there has 5 potential police officers who can disagree with the track record and for the. surgeon thank. you guys. thank you 2 or more witness early start.

so sergeant jodie's to get from the los angeles police department steps down from the witness stand. off to be examined and cross-examined as an expert on the use of force he simply said no force should be used once the person is handcuffed and prone on the ground about it that adding body weight would only increase the likelihood of death. the defense on cross-examination. tried to point to the fact that george ford was resisting arrest before he was on the ground. next witness on the stand. let's start with you giving your full name spelling each of your days james j m e.