it's notjust leave it's netjust leave him coming. it's notjust leave him here, it's we have ems coming, and this is why we have ems coming. reasonable police officers throughout the course of a controlled technique will continue to assess the level of resistance. remember what lietenant mercil said. just because a person is not kicking or punching at you it does not mean you can't control them physically with your body weight. this is at 824.

arguing. look at him! this is the point where doctor tobin — look at him! this is the point where doctor tobin testified _ look at him! this is the point where doctor tobin testified that - look at him! this is the point where doctor tobin testified that mr - look at him! this is the point where doctor tobin testified that mr floyd | doctor tobin testified that mr floyd had a seizure. but it's not, we are not analysing the use of force from the perspective of a doctor with 46 years of medical experience who had 150 hours of time to watch an event from multiple perspectives. 0ver, from multiple perspectives. over, and over, and over again. it's a reasonable police officer standard, how would a reasonable police officer interpret this. does a reasonable police officer even know what that kind of seizure is? a reasonable police officer will interpret this as at least some form of minimal resistance. reasonable police officers again are just

continuing to monitor this, expecting ems to arrive. if you would get him off the groundm _ if you would get him off the ground- - -— look at him! nondeadly force is included but 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 continue to monitor, see if he's breathing. i to monitor, see if he's breathing. i think he's passed out. you - to monitor, see if he's breathing. i think he's passed out. you think i think he's passed out. you think that's cool— think he's passed out. you think that's cool right _ think he's passed out. you think that's cool right now, _ think he's passed out. you think that's cool right now, bro? - think he's passed out. you think that's cool right now, bro? i'll. that's cool right now, bro? i'll survive. that's cool right now, bro? i'll survive- we — that's cool right now, bro? i'll survive. we think _ that's cool right now, bro? i'll survive. we think he's - that's cool right now, bro? i'll| survive. we think he's passing that's cool right now, bro? i'll- survive. we think he's passing out, but he's breathing, _ survive. we think he's passing out, but he's breathing, right? - bro. reasonable police officers are buildin: bro. reasonable police officers are building and _ bro. reasonable police officers are building and basing _ bro. reasonable police officers are building and basing their— bro. reasonable police officers are building and basing their decisions| building and basing their decisions based on all of these factors coming in at multiple times including the bystanders. call them a crowd, call

them onlookers, call them bystanders, it does not matter what term you use for the people that gather to watch what police do. reasonable police officers are cognizant of and aware of their surroundings. and before i really kind of start talking about the crowd in some limited detail i have thought a lot about the difference between perspective and perception. perspective and perception are two distinct concepts. perspective is the angle at which you see something. it's your perspective. perception is how you interpret what it is that you see. i thought about this a lot during the course of this trial because the situation in the

courtroom is incredibly unique. it's not the normal set up for a jury trial, so my perspective through the course of this trial sitting in this chair is that i cannot see four of the jurors. chair is that i cannot see four of thejurors. very limited opportunity the jurors. very limited opportunity to thejurors. very limited opportunity to observe thejurors. thejurors. very limited opportunity to observe the jurors. they probably can't see me either. several of the jurors i have a very good view of, four of thejurors i don't jurors i have a very good view of, four of the jurors i don't and obstructed views of others. my perspective sitting in this chair when witnesses, there's a camera blocking the head so in order for me to see the witness i have to roll all the way over to the other side. then i have to look for the plexiglass 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 you see and what it is you experience. and

thatis 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. three people in this trial once to the same high school. me, miss fraser, and the chief. we all went to the same high school obviously at different times. , my experience, the chief's experience, all based on, with the same perspective, sat in the same classrooms, saw the same chalkboards or whiteboards, the same perspective. but our perception of our experience is there. it's going to be much different. ultimately over the case with the court will instruct you on how to deal with these biases in the perception

issues. the court public final instructions will guide you to try to recognise your biases, recognise what we bring to the table and analyse the evidence from the perspective of the evidence itself. so let's look at this incident on may 25 from the perspectives and perceptions of simplyjust may 25 from the perspectives and perceptions of simply just four of the bystanders. charles mcmillan, 61 years old. third grade in education. grew up in the south. he described himself as a curious guy, he likes to know what's going on in his neighbourhood, so he stops and he checks things out. his perspective, he's the first one who is 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 experiences. at the end

of the night, ultimately what he said to derek chauvin was i hope you get home safely, because that was he says to police officers every night. that's one person public opinion. —— person's _ that's one person public opinion. —— person's it— that's one person public opinion. —— person's. it looks like is probably on something. if person's. it looks like is probably on something-— person's. it looks like is probably on somethina. , , . �* on something. if you respect me i'm auoin to on something. if you respect me i'm going to keep _ on something. if you respect me i'm going to keep respecting _ on something. if you respect me i'm going to keep respecting you. - on something. if you respect me i'm going to keep respecting you. get i going to keep respecting you. get home _ going to keep respecting you. get home safely _ a 17—year—old high school student who upon seeing the restraint of george floyd response was to pull out the cell phone and start

recording. out the cell phone and start recording-— out the cell phone and start recordinu. �* , ,, , recording. and then subsequently u - loaded recording. and then subsequently unloaded to _ recording. and then subsequently uploaded to facebook. _ recording. and then subsequently uploaded to facebook. her- recording. and then subsequently - uploaded to facebook. her perception of the event in her perspective of the event. she is looking, she got not even know that the officers were there because her perspective was blocked by the squad car. but her perception, her response was to record it. and that's perfectly fine. but she began recording at 8:20 p:m.. donald williams a 33—year—old professional mixed martial artist who arrived and he spent the day fishing with his son, stopping for a drink when he became aware of the incident. he described his view of this based upon his perception at the mixed martial artist. he has a set of experiences that caused him to react in a

different way. what he perceives was happening was that mr floyd was being choked with a blood choke. i think we are past this at this point. the 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, again, is ok. because his perception affected what he was seeing. genevieve hansen, 27—year—old female firefighter for the city of minneapolis. she testified that when she walked into the scene she describes the crowd as upset. she said i walked into an upset crowd,

she said that the other voices distracted me from getting the officer's attention. she testified, again, based on her perspective that officer derek chauvin appeared to have his hand in his pocket, she observed what she believes to be blood from mr floyd's face being pressed to the pavement. she observed fluid coming from mr floyd's body and she presumed to be you're in. she testified that nobody ever told her that ems were on the way. she asked about, when i asked her about the response time she would've expected, three minutes. when i told her that paramedics had been called about five minutes prior to her arriving on scene no way, because her perception is three minutes. but when you look at the

things that she saw, whether it be her perspective or perception there can always be more to the story. the blood coming from mr floyd's knows was why they called ems in the first place. you've seen the pictures. injured his nose during the struggle or his face during the struggle in the squad car. the fluid that she described as potentially being you're in... we know that that's fluid coming from the underside carriage of the squad car. i cannot breathe- -- — carriage of the squad car. i cannot breathe... officer _ carriage of the squad car. i cannot breathe. .. officer derek— carriage of the squad car. i cannot breathe... officer derek chauvin l breathe... officer derek chauvin specifically _ breathe... officer derek chauvin specifically told _ breathe... officer derek chauvin specifically told her _ breathe... officer derek chauvin specifically told her an _ breathe... officer derek chauvin l specifically told her an ambulance was coming when she first came on scene. �* u. was coming when she first came on scene. �* _, ., was coming when she first came on scene. �* ., �* scene. don't come over here! don't come over— scene. don't come over here! don't come over here! — scene. don't come over here! don't come over here! we _ scene. don't come over here! don't come over here! we need - scene. don't come over here! don't come over here! we need to - scene. don't come over here! don't come over here! we need to keep l scene. don't come over here! don't - come over here! we need to keep some distance _

come over here! we need to keep some distance we _ come over here! we need to keep some distance. ~ ., ., ., , ., . distance. we got an ambulance cominu. distance. we got an ambulance coming- the — distance. we got an ambulance coming. the dispatch _ distance. we got an ambulance coming. the dispatch reports i distance. we got an ambulance - coming. the dispatch reports clearly show what time ems was called. so genevieve hansen has a perspective and a 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 were upset by it. we look at it from the perspective of 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. they know all of that information. the bystanders did 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 are being recorded. officers are aware of the placement of city cameras. you are in a high retail, you got gas stations, restaurants, convenience stores. high surveillance. reasonable police officers know this. they would know if citizens take out their cell phones and start filming. nondeadly force can be used to physically manage a person. this is the point at 8:20am when mrs frazier starts recording. reasonable police officers are aware when they are using force that sometimes what they are doing doesn't look good to

they are doing doesn't look good to the general public. —— when mrs frazier. the reasonable police officer will hear the frustration growing. a reasonable police officer will hear the increase in the volume of the voices. a reasonable police officer will hear the name calling. chunk, whatever names are being called, they will here the cursing. they will hear this and it would take that into their consideration. a reasonable police officer will rely on his recent training. excuse me. a reasonable police officer will hear, i will come back to the training. a reasonable police officer will hear what the crowd is saying. he will compare his actions to what they are saying and he will determine, "i know and be recorded,