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tv   Inside Story  Al Jazeera  April 19, 2021 8:30pm-9:00pm +03

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ground defense tactics getting people on the ground to control the control the head control the body different types of moves that a perk that the police use to create in a live in a space escape versus control rooms are 2 different things. these are the tactics that have been of employed by the minneapolis police department for 15 years why because it's safer for the officers and it's safer for the suspects it keeps people contained controlled and confinement until they no longer are resist a reasonable police officer would also consider his department's policy. including the use of non-deadly force policy force that does not have the
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reasonable likelihood of causing or creating a substantial risk of death or great bodily harm this includes but is not limited to physically subduing controlling capturing restraining or physically managing the person this is the policy 5 dash 302 of the minneapolis police department that non deadly force can be used to physically manage a person. and again every single person has agreed that the use of force up to this point is reasonable lawful and meets the reasonable officer standard. and so we get into the 9 minutes and 29 seconds at this point the state has really focused on the 9 minutes and 29 seconds 9 minutes 29000. 9 minutes 29 seconds it's not the proper analysis because
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the 9 minutes and 29 seconds ignore the previous 16 minutes and 59 seconds it completely disregards it it says in that moment at that point nothing else that happened before should be taken into consideration by reason it's it tries to reframe the issue of what reasonable police officer would do. a reasonable police officer would in fact take into consideration the previous 60 minutes and 59 seconds the experience with the subject the struggle that they had the comparison of the words to actions it all comes into play why because human behavior is unpredictable human behavior is unpredictable and nobody knows it better than
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a police officer someone can be compliant one second and fighting the next someone can be fighting and then comply and nobody knows it better. but reasonable police officers continue to assess and re-evaluate. this is the critical decision making pot policy right remarked to gather information you assess the threat versus the risk and we have an authority to act on our goals and actions review and assess start over because this is not a singular cycle. this is a cycle that humans as humans we literally make millions of decisions in a day right do i go this way to go that way do i go up to right now and we're constantly doing this this is just human behavior but in the policing contacts you
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have to gather the information assess the risk assess the threat do i have authority to act one of my goals and actions review and assess and it's constantly rotated at the price precise moment that mr floyd was laid on the ground reasonable police officer would know about those previous 17 minutes a reasonable police officer would know about the struggle he would can reasonable police officers there would consider the suspects reactions to the previous use of force a reasonable police officer would continue this process of reassessment and a reasonable police officer would consider whether to use an additional force to over come the suspects level of resistance so 9 minutes and 29 seconds.
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rather than if you're on. the road. almost never. own her. just cross the route of your. own that moment or. continuing to assess the risk and the fact the 1st 29 seconds 20 seconds continued resistance what a reasonable police officer would interpret that to be jesus christ the kicking. the reasonable police officer would continue consider should we elevate the use of
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force as we'd meet this threat and that's precisely what these officers did he discussed using the m r t the hobble. there are. up a lot of her. mama. that's not the guy who has the power tal 000000000000000 or a 1000000 are these i'm standing up no no you met him right up to discussing should we use the how should we elevate our use of force a reasonable officer would continue to evaluate whether the suspect is under the influence precisely what these officers did in 9 minutes in this 9 minutes and 29 seconds. the words of the murderer who were fighting may have
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a lot of your heart you not at all in your own hands i believe all right my heart. on the heart even has no preference over you know how one is really at the ready. i don't mean by donna but my whole mind you know all. that are probably. all moving one more right way over who. it's reasonable police officers discussed the scene 1st that you're talking about the 2 other people that are over at the car right what's going on here what are we dealing with is this person under the influence of a controlled substance these are the actions of a reasonable police officer. a reasonable police officer would rely on his training and experience call in
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a mass possibility that a suspect who was struggling with us would begin the struggle again you've heard this testimony from multiple police officers the risk that the suspect would present to himself if he's not continued to be controlled and the risk that the suspect presents to other officers or citizens if not continue to be controlled if he's not continued to be controlled these are things that all of the police officers have testified about these are what a reasonable police officer should do. a reasonable police officer in this situation would call e.m.'s 2020. 820. within a minute of the struggle e.m.'s code 2 for a mouth injury right because they are not observing life threatening
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a reasonable officer is not observing life threatening injuries at this point they just bought with the man from him he continued to kick at them when they got him on the ground they see he's got a mouth injury we need e.m.'s sort of reasonable police officer would evaluate the injuries of this suspect compare words and actions and respond by calling him s. non-emergency but again reasonable police officers revaluing reevaluated 20218211 minute and 24 seconds later we need e.m.'s you're faster code 33 3rd we need him here faster.
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a reasonable police officer would take into consideration the anticipated time of a emergent response you heard from genevieve hanson there's a firehouse a few blocks away and she would have expected a mass to be there within 2 minutes 3 minutes is what she said. a reasonable police officer based on his training experience is going to have and take that into consideration i put this person in a prone position on the ground i'm holding them for my safety and their safety i'm expecting someone to be here within 3 minutes to help this person i have called for about oh. a reasonable police officer will take into consideration again his training his experience right lieutenant merson talked about and many people talked about many
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of the officers talked about how it is not uncommon for suspects to feign or pretend to have a medical emergency to avoid being arrest unfortunately that is the reality nobody likes to get arrested and reasonable police officers know that how many times to someone predict my heart hurts or i'm having a medical emergency insert whatever emergency. simply because they don't want to go to jail a reasonable police officer will take his training into its into experience and you heard lieutenant merciless specifically say. that when someone says that they can't breathe but they are talking if they're talking it means they're breathing and if they're talking it means they're breathing and again compare that to the
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testimony of dr toby who told you that same thing that is true if you are talking you are breathing doesn't mean effectively and dr tobin described how even medical doctors have problems sometimes assessing the the legitimacy of a patient's needs relevant to their respiratory processes because they are saying i can't breathe and some doctors confuse it for just anxiety or this or that sort of medical doctors make these mistakes dr thompson told you it provides a false sense of security right lieutenant mosul told you that that is what is said among police officers he is the training so how many times do we hear an officer say based on his training and experience if you can brief you can talk you can talk you can brief. i counted 7. 0 i'm sorry.
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i can't tell. you're talking. to our right i know him or her top of a law was haha ha ha ha i've said. oh. 000000. oh oh. oh oh oh what have my. bottom 5. home rule. we're going to be long. around the clock but not when you know we. were here.
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half. bottle right around. the bar. and have. reasonable police officers again trained and take into consideration person's actions relevant to their words their training your experience takes a lot of oxygen to talk takes a lot of knocks your breathing fine if you can talk. to. well our. doctor who is our record on car we tried that for 10 minutes ra. 0 to 0. 00. robert on the start ok last. reasonable police officers will take into consideration your training and experience on excited delirium and they will
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analyze it within the context of this case. the end of this. or not or. as for the. last time. i worry about the excited or delirium or whatever that's why we have e.m.'s coming it's not just leave him here it's we have the e.m.'s coming and this is why we have e.m.'s coming. reasonable police officers throughout the course of a control technique will continue to assess the level of resistance remember what sergeant utena johnny mercer said simply because a person isn't kicking rich or punching at you or biting at you it does not mean
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that you can't control them physically with your body. the body cannot. want to say that a 24. 00. 000 . 0. 0. 0. 1. this is the point where dr toben testified mr floyd had an anoxic seizure. but it's not we're not analyzing the use of force from if the perspective of the doctor with 46 years of medical experience who had 150 hours of time to watch an event for multiple perspectives over and over and over and over again it's
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a reasonable police officer still how would a reasonable police officer interpret this does a reasonable police officer even know what in a not succeed here is. a reasonable police officer will interpret this as at least some form of minimal resistance. reasonable police officers again are continuing to monitor expecting in mass to arrive. with her over the body to the room in a. row row row. row row row row row row your the mall for live for. more than. one. hour. a. movie.
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not deadly force is included in includes but it is not limited to physically subduing controlling capturing restraining or physically managing a person these are the policies of the minneapolis police department reasonable police officers again continued to monitor see if he's breathing. around right. now because i meet her there. are a fellow there on our own and our. her father. on the harmonium ideals.
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he was passing out and he's breathing right. this is not succeeded or. reasonable police officers are building and basing their decisions based on all of these factors coming in at multiple times including the bystanders. call in the crowd on lookers call them bystanders it doesn't matter what term you use for the people that gather to watch what police do reasonable police officers are cognizant of and all where of their surroundings. and before i really kind of start talking about the crown in some good limited detail. i have thought a lot during the course of this trial about the difference between perspective and
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perception perspective and perception are 2 distinct concepts perspective is the angle at which you see so it's your perspective perception is how you interpret what it is that yes i've thought about this a lot during the course of this trial because this situation here in the courtroom is incredibly unique right it's not the normal set up for a jury trial so my purse pectin through the course of this trial sitting in this chair is that i cannot see 4 of the jurors very limited opportunity to observe the jurors they probably can't see me either several of the jurors have a very good view of the jurors i don't and obstructed views of others my perspective sitting in this chair witness is there is a camera blocking the head so in order for me to see the witness i have to roll
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all the way over to the other side then i have to look through the plexiglas that has these large reflecting lights. things block your perspective things can affect your perspective but your perception is how you interpret what it is use and what it is you experience and that is our life right this is our experiences these are the things that make us who we are 3 people in this trial went to the same high school. i mean how frazier and chief era don. we all went to the same high school obviously different times my experience chief erred on those experience darnell a frazier's experience all based on went to that we had the same perspective sat in
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the same classrooms saw the same chalkboards or white. the same perspective but our perception of our experiences there is going to be much different. ultimately at the end of the case more done with these arguments the court will instruct you on how to deal with these biases and the perception issues the court's final instructions will guide you to try to recognize your biases recognize them what we bring to the table and analyze the evidence from the perspective of the evidence itself. so let's look at this incident on may 25th perspectives and perceptions of simply just 4 of the bystanders. charles mcmillan 61 years old 3rd grade an education group in the south he described himself as
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a curious guy he likes to know what's going on in his neighborhood so he stops me check things out. his purse spect if he's the 1st one was dealing with these guys he has more information because he sees the entirety of the situation but his perception of the event is affected by his life's experiences. at the end of the night ultimately what he sent to officer chauvinist i hope you get home safe because that's what he says to police officers every night. there. are many but i'm. her. time are. refined our friends.
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are all. right now i'm afraid. she's a 17 year old high school student who paan seeing the restraint of george what her response was to pluck and cellphone and start recording and then subsequently uploaded to. facebook. her perception of the event and her perspective of if she's looking she didn't even know that officers laning king were there because her perspective was blocked by the squad car but her perception or response to the situation was to record it and that's perfectly fine but she began her recording at 20 and 51 said donald williams he's
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a 33 year old professional mixed martial artist who arrived at 822 and 39 he'd spent the day fishing with his son stopping for a drink when he became aware of the instant he described his view of this based upon his perception as a mixed martial artist that he has a set of experiences that caused him to react in a different way what he perceived was happening was that mr floyd was being choked with a blood choke i think we're past this this. it's the pack paramedic reached in touch the carotid artery to have a person rendered unconscious through a choke requires the blockage of both carotid arteries this was not a neck restraint this was not a choke hold he was upset and that
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again is ok because his perception affected what he was seeing. genevieve hanson. 27 year old female firefighter for the city of minneapolis she testified that when she walked into the scene she described the crowd as upset she said i walked into an upset crown she said that the other voices distracted me from getting the officers attention and she testified again based on her perspective and officer show than appeared to have his hand in his pocket she observed what she believed to be blood on the. from mr floyd's face being pressed into the pavement. she observed fluid coming from mr floyd's body that she presumed to be urine she testified that nobody ever told her that e.m.'s were an
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ambulance was on where she asked about when i asked her about the response time she would have expected 3 minutes when i told her that paramedics had been called about 5 minutes prior to her arriving on scene no way this or perception is 3 minutes. but when you look at the things that miss hanson sought whether it be from her perspective or her perception there can always be more to the story the blood coming from mr floyd's no one else. was why they called e.m.'s in the 1st place you've seen the pictures injured his nose during the struggle for his face during the struggle in the swat to. the fluid that she described as potentially being. we know that that's fluid coming from the other side carriage of
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a squad car. here where. officers show vince specifically told her an ambulance was coming when she 1st came on seem . right now on her own who does not walk out when you have anything to harm you. yet you've got an ambulance coming. to computer aided dispatch reports clearly show what time e.m.'s was caught so genevieve hanson has a perspective and the perception and what she observed was not consistent with the actual evidence but remember we don't look at this incident from the perspective of a bystander we do not look at this incident from the perspective of the people who are upset by it we look at it from the perspective of
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a reasonable police officer a reasonable police officer when confronted with these bystanders would know everything that had occurred up to that point 20 minutes 25 minutes 30 minutes they know all of that information the bystanders do not. a reasonable police officer would understand that his actions were actually being recorded take the bystanders out of it officers wear cameras for a very specific reason to record their actions so they know they're being recorded officers are aware of the placement of city cameras. you're in a high retail you've got gas stations restaurants convenience store hi surveillance . reasonable police officers know this
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they would know if citizens take out their cell phones and start from this is the point at 820 and 49 seconds miss frazier starts recording. reasonable police officers are aware when they're using force and sometimes what they are doing to not look good to the general public the reasonable police officer will hear the frustration growing. your reasonable police officer will hear the increase in the volume of the voices a reasonable police officer will hear the name calling right. whatever whatever names are being called the hear the curse and there that they'll hear this and they'll take that into their consideration be reasonable police officer will rely on his.

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