tv Craig Melvin Reports MSNBC March 29, 2021 8:00am-9:01am PDT
8:00 am
younger to cup foods to be able to pick up candy and snacks when they came upon what was happening with mr. chauvin and mr. floyd on the ground. next to the young woman in the blue pants is the first responder who tried to intervene to check his pulse and check on mr. floyd. she will testify to you. next to her is a young man named donald williams, security background. he is trained in mixed martial arts. who was very excited, alarmed about what he saw in the exchange between mr. chauvin on top of george floyd. he will come in and testify to you. any number of the bystanders -- others will come in to talk with you. they come from the broad spectrum of humanity, different races, different genders. you have older people, younger people. but you will see that what they all had in common is they were
8:01 am
going about their business, is that they saw something that was shocking to them, that was disturbing to them and it made them stop and take note. stop and take note. they tried to first, you will learn, when you meet them, to intercede with their voices. they tried to interject, to exhort, to try to get into good trouble with their voices, because something there was concerning to them. when that didn't work, you can see any number of them pulled out their cameras to document what was happening. such that it would be memorialized, such that it would not be misrepresented, such that it could not be forgotten. what we will see this morning will be the footage taken from one of the bystanders in just a moment. you will learn with respect to the bystanders that none of them
8:02 am
knew who george floyd was. they didn't know his history. they didn't know anything about him. all think knew was they came upon an individual that they saw was in some serious distress under the knees of mr. chauvin and it alarmed them. let me show you what the scene looks like just briefly. here in minneapolis, they takes place at the intersection of chicago avenue and 38th street at cup foods. if you can see the image of a squad car on chicago avenue, that is ultimately where mr. floyd was being restrained on the ground under the knees of mr. chauvin. we will spend quite a bit more time with this map during the trial. but for now i wanted to try to set the stage for what you are going to see. with that, i'm going to show you the video evidence. the video evidence, i think, will be very helpful and meaningful to you. you can see it for yourself
8:03 am
8:04 am
>> i'm about to die. >> relax. >> i can't breathe. >> what do you want? >> i can't breathe. please. i can't breathe. >> get in the car. >> i will. >> get up and can't get in the car. >> i can't move. mama. mama. i can't. >> you can't win. i know. listen. >> my stomach hurts. my neck hurts. everything hurts. water or something. please. please. i can't breathe, officer. >> shut up.
8:05 am
>> his nose is bleeding. come on. look at his nose. >> your knee on his neck. >> i cannot breathe. >> tough guy, huh? he is not resisting arrest. >> his nose is bleeding. >> he ain't doing nothing. >> how long you have to hold him down? >> it ain't about drugs. >> you don't have to. >> he is human. >> his nose is bleeding. >> put him in the car. >> we tried that for ten minutes. >> that's shit.
8:06 am
>> you trapped him. you don't think that is what it is? you don't think nobody understands that? i train at the academy. that's shit. he ain't breathing right there. >> i can't breathe. >> you can get him off the ground. you are being a bum. get him off the ground. get him off the ground. you are being a bum right now. you are enjoying that. he is enjoying that shit. he is a bum. he enjoying that shit. you could have put him in the car by now. he is not resisting arrest. >> is he talking now? >> look at you. your body language is blazing. you bum. >> get off of him. >> it's the whites, they love to mess with the blacks. >> i trained with half of these dudes at the academy. you know that's bogus right now. you know it's bogus. you can't look at me like a man. you are a bum. he is not even resisting arrest
8:07 am
right now. >> his nose is bleeding. >> he passed out. >> you think that's cool? you think that's cool? what's your -- what's your badge number? you think that's cool right now. >> call police on another police. >> you think that's cool? you are a bum. you are a bum for that. you are a bum for that. you can't -- you get mad. >> look at him. >> look at him. >> get off of him now. >> what is wrong with you? >> he cannot breathe. >> call 911. >> get over here. >> he is not responsive right now. >> back off. >> look at him. >> get off the street. >> he is not talking right now. he has not reached out to you. he is not responsive right now.
8:08 am
>> does he have a pulse? >> look at him. he is not responsive right now. >> check for a pulse. >> are you serious? >> let me see a pulse. >> is he breathing? check his pulse. check his pulse. check his pulse. check his pulse. check his pulse. >> don't do drugs? what is that? what do you think that is? you call what you are doing okay? you call what you are doing okay? >> i am from minneapolis. he is choking him. check his pulse right now. >> back on the sidewalk. >> the man ain't moving. the man ain't moving. >> minneapolis. >> you are a bum. you are a bum. you are a bum. >> tell me what his pulse is. >> check for a pulse. >> he has none. he has not moved.
8:09 am
go back in the store. you don't understand. that's cool. go back in the store. >> i see that. i'm trying to help out. >> you don't need to help me out. i know everybody. he ain't moving. >> i saw that. >> he was moving when i walked up here. >> then they did that to him. >> i have been watching the whole time. >> he doesn't have a -- >> did they kill him? did they kill him? >> you are a bum. you are a bum. you want to grab your mace. >> three minutes. >> get off him. >> he is not moving. >> he is dying. >> he ain't moving. get off of his neck.
8:10 am
get off of his neck. >> you are on him. >> get back out of the street. >> are you serious? are you keep your knee on his neck? don't touch me like that. >> call the ambulance. >> he is going to let him keep his hand on his neck? you going to let him keep that like that? you going to let him kill that man in front of you? he is not moving right now. >> it is what it is. if you are not going to help us. >> he is black. they don't care. they don't care. >> you sit there with your neon his neck. you are a real man for that. >> look at him. >> i'm a first responder. the fact that you aren't
8:11 am
checking his pulse and doing compressions if he needs them, you are -- >> they just dragging him. come on now. >> i have your name tag. >> that's not professional. >> freedom of speech. >> get back. >> don't touch him. >> i got this on camera. you went to him. try to start something. >> you did. >> you are wrong. you can't do that. >> 9:29, the three most important numbers in the case. nine minutes and 29 seconds is how long that went on. for half of that time, mr. floyd
8:12 am
was unconscious, pulseless. you will see in the video, ladies and gentlemen, that mr. floyd, from time to time, was heaving up his right shoulder. there's a reason for that. mr. chauvin is on his left side. his back and his neck. he can't move that. his hands are behind his back. he is heaving up the right shoulder to get room for his rib cage to expand to breathe because at this point, he is pancaked with the hard pavement beneath him and mr. chauvin on top of him. in order to breathe, you have to have room for the lungs to expand in and out. you will see mr. floyd doing his best to crank his right shoulder up, to lift his weight and mr. chauvin's weight on top of him to get a breath for as long as he could get a breath. you will see and hear more about that during the trial. you will learn that a number of the bystanders there called the police on the police.
8:13 am
the first responder called the police on the police. you will learn donald williams, the young man who is very focal, security background, mixed martial arts background, saw the pressure that was put on the neck, he called the police on the police. there was a 911 dispatcher, her name is jenna scurry. she will talk to you also. there was a fixed police camera that was trained on this particular scene. she could see through the camera what was going on. you will learn that what she saw was so unusual and for her so disturbing that she did something that she had never done in her career. she called the police on the police, a 911 dispatcher. she called the sergeant who will come in to testify. she called him to report what she saw because she found is
8:14 am
just that disturbing. she will tell you she felt she saw a man literally lose his life. you will hear her testify. i want to talk to you a little bit about intent. that is, what our evidence is going to be on the issue of intent. as i mentioned, we're going to show you that the use of force here was excessive and unreasonable. we're going to show you that it was not accidental in terms of what was happening there at the scene. what mr. chauvin was doing he was doing deliberately. when we bring you the evidence of intent, it's not going to come in like a sandwich board that has a front and side and the front says, this is our evidence of intent and the back side says, yeah, you saw it. we will bring it to you, ladies and gentlemen, through the totality of all of the evidence. looking at it all together. you will, for example, hear from
8:15 am
nicole mckenzie, the medical support coordinator for the minneapolis police department. she will tell you that the dangers of the prone position, putting people face down on the ground, have been known about in policing for over 30 years, they train officers on it. arrestees, citizens who are under arrest should never be put in the prone position except only momentarily to get them under police custody or control to get handcuffs on them but never left in that position. mr. floyd is in handcuffs already. they didn't need to put him on the ground to get him into -- to get him under police control. she will tell you the reason that you don't put persons and leave them in the prone position that way, let alone with a man's body weight on top of them, let alone for nine minutes and 29 seconds, the reason you don't do that is because of the potential to obstruct the airways. you are going to hear from a
8:16 am
lieutenant, the minneapolis police department use of force training coordinator. he will tell you about what training mr. chauvin received. he is also going to tell you that he knows of no training that would suggest that kneeling on somebody's neck as mr. chauvin was doing was proper according to minneapolis police department training. you will learn officers are trained to avoid putting pressure on areas that are above the areas of the shoulder, on the spinal column, on the neck, on the head and that to do that is using deadly force because if you are putting pressure or blows in those areas, you run the risk of seriously injuring the person or potentially even killing them. it could be deadly force. they are trained not to do that. above all, the police are trained in the side recovery position. if you put somebody in the prone position to get them under
8:17 am
control, you opportunity them over on the side as soon as possible so you don't obstruct their airways by having them on the stomach where the lungs can't expand. you put them in side recovery position right away. you will hear all about the importance of that. we will bring you the evidence of all of the warnings that mr. chauvin would have received, not just from george floyd himself, from the crying out by bystanders, from the approach of the ambulance, from the paramedics and so on, all of whom did their part to encourage him to let up and to get up. you will consider that, too, under the umbrella of intent. i'm going to talk with you a second about the evidence on causation, the medical causation in terms of what was happening to mr. floyd while he was there on the ground. if i had to give this part of
8:18 am
the evidence, you will see a name, i will tell you can believeour eyes that it's a homicide, it's murder. you can believe your eyes. here is what you will be able to see for yourself. you will be able to see every part of what mr. floyd went through from him first crying out, from his effort to move his shoulder to get his breathing, to get room to breathe. you will hear his voice get deeper. his words further apart. respiration shallow. you will see when he goes unconscious. you will see the uncontrollable shaking when he is not breathing anymore. the seizures from oxygen deprivation. you will see when he is going through agonal breathing, involuntary gasping of the body once the heart has stopped from oxygen deficiency. you will hear and are well aware of when there was a loss of
8:19 am
pulse. you will hear from a number of experts on the stand that putting a man in the prone position with handcuffs behind his back, somebody pressing down on him for nine minutes and 29 seconds is enough to take a life. you will hear that also. you are going to hear from other experts who will point to the significant evidence of the excessive force that was put on mr. floyd's body. you will be able to see, ladies and gentlemen, the road rash on his shoulders from where he has been pushed into the pavement, stripped off layers of skin. same with respect to the knuckles on his hand when he is pressing up. the damage to his nose when he pressed his face into the pavement to try to get room to breathe. you will learn the last nine minutes and 29 seconds of mr. floyd's life, he was only alive for part of that, that period of time, but it matches the
8:20 am
patterns of somebody who dies from an oxygen deficiency. we will point to the video evidence. you will see for yourself. you are going to hear and see certain evidence of what this was not. this was, for example, not a fatal heart event. this was not, for example, a heart attack. you will learn that there was no demonstrated injury whatsoever to mr. floyd's heart as in a heart attack. you will hear evidence that mr. floyd had an artery in his heart that was partially clogged. you will learn there was no damage to mr. floyd's heart from an inadequate blood supply to his heart. there was no clotting in his heart. you will learn the medical examiner, when he was examining mr. floyd's heart after he had died, saw no evidence of heart
8:21 am
injury and it was so unremarkable, he didn't even photograph the heart. you will learn that this was not what's called a fatal arrhythmia. the heart beats rhythmically and occasionally it gets out of rhythm. out of rhythm, the heart may stop and the case of a fatal arrhythmia, when a person suffers that, they stop and they drop right there where they are. instant death. you will see for yourself that mr. floyd did not die an instant death. he died one breath at a time over an extended period of time. it does not look like the way that one dies from a fatal arrhythmia. this was not an instant death. you will learn, ladies and gentlemen, that george floyd struggled with an opioid addiction. he struggled with it for years. you will learn that he did not die from a drug overdose. he did not die from an opioid
8:22 am
overdose. why? because you will be able to look at the video footage. you will see he looks nothing like a person who would die from an opioid overdose. you will learn opioids are tranquilizers. they look like they are asleep, in a stupor. they never come to again. they pass away. opioid overdose. they are not screaming for their lives. they are not calling on their mothers. they are not begging, please, please, i can't breathe. that's not what an opioid overdose looks like. you will learn that mr. floyd had fentanyl in his system when he died. they say that's a fatal amount. what you have to learn is something about tolerance. for a person who has never been exposed to opioids or fentanyl, that may be lethal for them. for others who have been
8:23 am
struggling with it for years, they have a different tolerance level. you will learn, for example, that that's in the range that you will find in people who might receive opioids for cancer pain, for example. mr. floyd had lived with his opioid addiction for years. you can see on the video that his behavior is not consistent with somebody who dies of an opioid addiction. was not non-responsive. he was calling out for his life. he was struggling. he was not passing out. you are going to hear from a forensic pathologist, dr. thomas. what she does as a forensic pathologist, she studies body tissues on autopsy to try to determine the cause and manner of death. she did this over a 35-year career as a forensic pathology. she had done medical examiner forensic pathology work in 37 minnesota counties of the 87 we
8:24 am
have, seven in wisconsin, over 5,000 anticipa autopsied and de cause of death in thousands of others. she's semi-retired now. works as a consultant in the field of pathology. she was one of the persons who helped to train the current medical examiner, dr. baker, when he was starting out in forensic pathology. here is where dr. baker and dr. thomas agree as to the manner of mr. floyd's death. i will show you the findings from dr. baker. he lists manner of death for george floyd, homicide. i want to explain to you that when he uses homicide, it's not the way that we use it here in the courtroom. when the medical examiner says homicide, it means the person
8:25 am
died at the hands of another is what that means. i will show you what list that shows. he died at the hands of another. you will also learn that he listed a cause of death. cardiopulmonary arrest complicating law enforcement sub sub -- neck compression. cause of death, cardiopulmonary arrest. every human being that's been on the planet has two things in common with every other human being. they are born and number two is that they die of cardiopulmonary arrest. it means the heart stops and the lungs stop. it's another way of saying death. cause of death, death. complicating, involving law
8:26 am
enforcement subduing george floyd, restraining him and compressing his neck. how the injury occurred, george floyd experienced a cardiopulmonary arrest while being restrained by law enforcement officers. in terms of the manner of death, you see it says homicide, here would be the standard list of the choices that the medical examiners will look to in determining what the manner of death was. how the injury or disease leads to death is manner of death. this is -- dr. thomas will talk to you about this. five manners of death. natural. natural causes. heart attack is a natural death. fatal arrhythmia is a natural cause of death. accident. a drug overdose is an example of an accidental death. car accident can be an
8:27 am
accidental death. suicide, homicide, which is death at the hands of another. or undetermined. if you can't tell which it is or what it is, you indicate undetermined. here you will learn dr. baker and dr. thomas determined amongst these possible manners of death, it wasn't natural, not accidental, not suicide, not undetermined. it was homicide. death at the hands of another. that's not all that dr. thomas is going to tell you. she is going to tell you something about the limitations of pathology. looking at the tissues of persons after they have been deceased in trying to determine whether somebody died as a result of oxygen deficiency. they have limitations. in over half the cases where somebody dies from insufficient oxygen -- when you know they died from insufficient oxygen, there are no signs in the body tissues. she would give you the example,
8:28 am
for example, somebody who is smothered by a pillow. she said, you may see nothing in the body tissues. you know they died from oxygen deficiency because you know how they died. here in this case, you will hear on autopsy, they didn't see anything objective. we have to look at all the evidence. we can see what happened at the scene. we can see moment by moment that he had all the signs of a person who is struggling and suffering from not receiving sufficient oxygen. she will say you have to look at all the evidence. we will show you that evidence as we go through. finally, i want to talk to you about some of the evidence that you will hear. some of the facts that do not excuse this excessive use of force, but you will hear about them. we will tell you about them. for example, you will hear that george floyd was a big guy.
8:29 am
he was over six feet tall. every police conduct witness we bring to you on the stand, every use of force expert will tell you that his size is no excuse for any police abuse. you are going to hear that he struggled with drug addiction, high blood pressure. they will talk about heart disease. we will tell you about that heart disease that he had. what you will learn is that george floyd lived for years, day in and day out, every day, with all of these conditions until the one day on may 25th when he entered the nine minutes and 29 seconds and that was the only day he didn't survive. he went into the circle of nine minutes and 29 seconds is the only day he didn't come out again. you will learn that. it's not an excuse for what happened in the nine minutes and 29 seconds. you will hear what happened earlier on the day on may 25th. you will be able to see how the police approached him in his
8:30 am
vehicle over the fake $20 bill. you will be able to see how when they approached his car, came to his window, within seconds they pulled out their gun, were pointing it at his head and were using the foulest of language. you will see them get him out of his car, put him in the handcuffs. you will see them pat him down so they know he doesn't have any reasons. not only that, you will be able to hear george floyd when he approaches the squad car saying he is terrified to be put into the squad car. you hear him say, i think i'm going to die if they put me in there. i think i will die if i'm put in that squad car. he was terrified. you will hear him talk about that. he was claustrophobic. he asked, let me count my way into the squad car. he starts trying to count -- they manhandle him. shove him into the car. you will see how he freaks out from that.
8:31 am
you hear him saying, i can't breathe in the back of the squad car. we will show you where mr. chauvin has his hands around mr. floyd's neck in the squad car and another his arm and elbow around his neck with mr. floyd's head here when they are pulling him out of the car, putting him on the ground in the prone position and when the nine minutes and 29 seconds begins. you are going to learn, ladies and gentlemen, the time they put mr. floyd on the ground that way, there were five grown men armed police officers who were on the scene over a fake $20 bill. there were five of them there. mr. chauvin and his partner, the two officers who showed up and a member of the park police. for a man who didn't threaten anybody, committed in act of violence in any way, who didn't try to run away and who was put in the prone position this way with five grown men, armed
8:32 am
police officers present. none of that, ladies and gentlemen, we submit you will find to be an excuse for what happened in the nine minutes and 29 seconds. we are going to want you to learn something about george floyd. his family called him perry because he was not simply just an object. he was a real person. i want you to learn something about him. at the time that he was killed, he was 46 years old. he was a father, a brother, a cousin, a friend to many. he was originally from houston, texas. before houston, he was from my original home state, north carolina. fayetteville before houston is where his family is from. he excelled in basketball and football. loved shooting hoops, even to the end. kept himself fit that way.
8:33 am
he moved to minnesota from texas for a fresh start. the rest of this you will learn about him. working as a security guard. lost his job during covid. he was a covid survivor. he lost his job. his employer was forced to close. the point to all of this is that we want you to know something about who george floyd was as a person. because he was somebody to a lot of other bodies in the world. ladies and gentlemen, i'm going to sit down in a moment this morning. we're going to show you through the evidence that there was no excuse for the police abuse of mr. chauvin. we're going to ask at the end of this case that you find mr. chauvin guilty for his excessive use of force against george
8:34 am
floyd that was an assault, that contributed to taking his life and for engaging in imminently dangerous behavior, putting the 'nique -- the knee on the neck for nine minutes and 29 seconds without regard for his life. we ask you find him guilty of murder in the second degree, murder in the third degree and second degree manslaughter. thank you. >> do you wish to open at this time? >> yes, sir. >> you may. >> may it please the court, counsel, mr. chauvin, members of the jury, reasonable doubt is based upon reason and common sense. at the end of this case, we're going to spend a lot of time talking about doubt. for purposes of my remarks this morning, i want to talk about
8:35 am
reason and common sense and how that applies to the evidence that you are about to see during the course of this trial. reason is an idea that permeates our law, our legal system and it forms the foundation. you will see and hear that repeatedly throughout the course of this trial. what would a reasonable police officer do? what is a reasonable use of force? what would a reasonable person do in his or her most important affairs? what is a reasonable doubt? as such, reason dictates and necessitates how the evidence must be looked at and analyzed in every single case. common sense is exactly that. it's common sense. common sense tells you that there are always two sides to a story. common sense tells us that we need to examine the totality of the circumstances to determine the meaning of evidence and how
8:36 am
it can be applied to the questions of reasonableness, of actions of reactions. in other words, common sense is the application of sound judgment based upon a reasoned analysis. that's what this case is ultimately about. it's about the evidence in this case. the evidence that you will see in this case during this trial. i agree with counsel for the state. it's nothing more than that. there is no political or social cause in this courtroom. but the evidence is far greater than nine minutes and 29 seconds. in this case you will learn that the evidence has been collected broadly and expansively. the minnesota bureau of criminal apprehension employed 50 people
8:37 am
to investigate this case. the federal bureau of investigation included at least 28 additional agents in their investigation. these agents combined have engaged in an extensive and far reaching investigation. they have interviewed over 50 members of the minneapolis police department, including the officers who responded to the scene after mr. floyd was brought to the hospital. they interviewed members of the minneapolis police department command staff. they interviewed officers who oversee training and policymaking decisions within the minneapolis police department. they have interviewed nearly 200 civilian witnesses in this case. some of these witnesses saw the entire incident. some who saw a portion of the incident. many who saw nothing.
8:38 am
some who had some piece of information to give to the officers. others who had nothing. these agents interviewed the numerous medical personnel who attended to mr. floyd and they interviewed the numerous firefighters and paramedics who responded. agents executed approximately a dozen search warrants in this case to gather information. in the end, you will hear a term throughout i believe this case called the bates stamp number. the bates stamp system is a way for low lawyers to keep track oe case, work from the same set of documents, same set of evidence. to preserve the integrity of the investigation. you will learn that we are approaching 50,000 bates stamped items. this case is clearly more than about nine minutes and 29 seconds.
8:39 am
as you all saw during jury selection, the witness list in this case neared 400 people. how do we begin to analyze and organize this evidence? i suggest that you let common sense and reason guide you. i propose that every witness you will hear from and every piece of evidence that you will see or hear during this trial can be assigned to one of four basic locations. cup foods, mercedes-benz, squad 320 and the medical center. let's start at the first, cup foods. you will learn that on may 25th, 2020, shortly after 7:00 p.m., mr. floyd and his friend entered the cup foods located at 38th and chicago. while they were there, they ran into their other friend or mr.
8:40 am
floyd's ex-girlfriend. he offered her a ride. you will hear from chris martin, the store clerk at cup foods. mr. martin observed mr. floyd. he watched his body language. he interacted with mr. floyd in this moment. mr. martin formed the opinion that mr. floyd was under the influence of something. you will see the actual video from inside cup foods. mr. floyd did use a counterfeit $20 bill to purchase a pack of cigarettes. mr. martin realized this and first along with another one of his co-workers went outside to the car where mr. floyd, mr. hall and miss hill were sitting. mr. martin asked mr. floyd to come in and either buy the cigarettes, exchange or return the cigarettes. you will hear from mr. martin
8:41 am
that mr. hall and mr. floyd refused. you will hear a short time later, mr. martin went back to the car a second time. he went back to ask them again, please come inside, give us the money or return the cigarettes. that second time, again, mr. floyd refused. at 8:01 p.m., a second clerk from the cup foods called 911 to report mr. floyd. during that call, he described mr. floyd as drunk and that he could not control himself. he is not acting right. accordingly, minneapolis police officers were dispatched to the scene and arrived at 8:08 p.m. they were driving minneapolis
8:42 am
squad car 320. they faced parking southbound in the northbound lane of chicago avenue and were directed by store employees immediately to the second location, the mercedes-benz. during this trial, you will hear evidence of what happened in the mercedes-benz in the 20 to 30 minutes prior to the police arriving. you will hear from mr. floyd's friends. this will include evidence that while they were in the car, mr. floyd consumed what were thought to be two percocet pills. mr. floyd's friends will explain that mr. floyd fell asleep in the car and that they couldn't wake him up. they kept trying to wake him up to get going. that they thought the police might be coming because now the store was coming out. they kept trying to wake him up. one of the friends called her
8:43 am
daughter, miss hill called her daughter to come and pick her up because they couldn't keep mr. floyd awake. at 8:09 p.m., officers lane and king approached the vehicle. officer lane approached the driver's side of the vehicle and officer king approached the passenger side. during the course of the trial, you will see and hear the body cameras of the officers that fully capture the entire interaction with mr. floyd and his friends. you will see officers lane draw his service weapon after mr. floyd failed several times to respond to his commands to show him his hands. you will learn that that is an acceptable police practice. you will see the officers struggle with mr. floyd to get him out of the mercedes-benz and handcuffed.
8:44 am
you will see and hear everything that these officers and mr. floyd say to each other. the evidence will show that when confronted by police, mr. floyd put drugs in his mouth in an effort to conceal them from the police. at approximately 8:10 p.m., officer peter change of the minneapolis park police responds. he responds to the scene to assist officers king and lane. he helps in detaining the passengers. you will see officer change's body camera and you will hear his interactions. this becomes important as we learn about police practices. because what you will learn is that when an officer responds to what is sometimes a routine and minimal event, it often evolves into a greater and more serious event.
8:45 am
you will see surveillance videos near squad 320 from a local business called the dragon walk that capture the actions and reactions of all -- of everyone present at that location. including evidence of further concealment of controlled substances. during the course of the investigation, two search warrants were executed on the mercedes-benz. the first on may 27th of 2020, the second several months later on december 9th of 2020. agents located various pieces of evidence during both of these searches, including two pills that later analysis revealed to be a mixture of meth and fentanyl. this is a speed ball. a mixture of an opiate and stimulant. you will learn these pills were
8:46 am
manufactured to have the appearance of percocet. while standing next to the mercedes-benz, officer king and officer lane both asked mr. floyd what he was on. he says he is on nothing. officer king and lane escorted mr. floyd to the third location, minneapolis squad 320. the evidence will show that as officers king and lane escorted mr. floyd to their squad car, a citizen by the name of charles mcmillan walked alongside them. he joined them. he was encouraging mr. floyd to cooperate with the officers. get in the car. you can't win. the evidence will show that mr. floyd and the officers began to struggle as they attempted to get him in the squad car. you will learn that derek chauvin and his partner arrived
8:47 am
to assist king and lane as 8:16 and 48 seconds. upon their arrival, the first thing that officer chauvin sees is officers king and lane struggling with mr. floyd. mr. chauvin asked the officers, is he under arrest? yes. then officer chauvin began to assist them in their efforts to get him into the squad car. you will see that three minneapolis police officers could not overcome the strength of mr. floyd. mr. chauvin stands 5'9", 140 pounds. mr. floyd is 6'3", 223 pounds. you will learn that because of this intersection at 38th and chicago is considered a high crime area, the city installs the milestone video system.
8:48 am
it's a camera that sits high atop a pole and can surveil the intersection. when you see these videos pulled back from afar, you will see the minneapolis police squad car rocking back and forth, rocking back and forth during this struggle. so much so that it catches the attention of the 911 dispatcher. this was not an easy struggle. as the struggle continues, you will see and hear both what mr. floyd was saying to the officers and the officers' responses to him. mr. floyd does end up on the street and appeared to continue to struggle to these officers, so much so that they considered applying what's called the maximal restraint technique. it used to be called the hobble or the hogtie. mr. chauvin used his knee to pin
8:49 am
mr. floyd's left shoulder blade and back to the ground and his right knee to pin mr. floyd's left arm to the ground. officer king was placed below mr. floyd's buttocks and officer lane was at the feet. you will see and hear them continue to struggle with mr. floyd as he is attempting to kick. you will see and hear a crowd begins to develop watching and recording officers. initially, fairly passive. as the situation went on, the crowd began to grow angry. here is what you will also see and hear. you will see and hear the conversation between the officers behind the squad car, the crowd is not aware of what they are saying and doing. you will learn that several bystanders, including don't
8:50 am
-- donald williams, they grew more upset with the officers. you have seen it this morning. you will see it from the perspective of the police officers as the crowd grew in size, seemingly so, too, did their and remember, there's -- there's more to the scene than just the what the officers see in front of them. there are people behind them. there are people across the street. there are cars stopping. people yelling. there are -- there is a growing crowd in what officers perceive to be a threat. they're called names. you heard them this morning. they're screaming at them. causing the officers to divert their attention from the care of mr. floyd to the threat that was growing in front of them.
8:51 am
at this location questions emerge about the reasonableness of the use of force and this will ultimately become one of the decisions that you have to make. to answer these questions, the bureau of apprehension, the bureau of apprehension investigated the restraining and policies. you will learn about things such as the authorized use of force, proportionality of force, excited delirium, defensive tactics including prone handcuffing, neck restraints, maximum restraint technique, the swarm technique. you will learn with rapidly evolving situations and the minneapolis police department's decision making model. you will learn about crowd control, medical intervention, de-escalation, procedural justice, crisis intervention and the human factors of force.
8:52 am
that is, what happens to a police officer or any person when they are involved in a high-stress use of force situation, and you will learn that derek chauvin did exactly what he had been trained to do over the course of his 19-year career. the use of force is not attractive, but it is a necessary component of policing. the evidence will again, demonstrate that the minnesota bureau of apprehension conducted two searches of squad 320. you will learn that in the second search of squad 320 agents recovered several piece of partially dissolved pills. you will learn that these pills were again, analyzed and were again, consistent shown to the pills found in the mercedes benz and that they contained methamphetamine and traces of fentanyl. moreover, these pills contained the dna and saliva of george
8:53 am
floyd which leads us to our final -- our final location, hennepin county medical center. evidence shows that officers made two calls for emergency help. those calls were within 1:30 of each other. the first call, officers called for paramedics to arrive code 2 because mr. floyd had a nose injury. he was bleeding from the nose. that occurred during the struggle, mr. floyd banged his face into the plexiglass partition of the squad car. you will see the blood evidence in the squad car. that first call came at eight minutes -- excuse me, 8:00, 20 minutes and 11 seconds. the second call is what's called a stepped-up call or a code 3 call meaning get here as fast as
8:54 am
you possibly can. that call was made and placed at 8:21:35. you will learn that paramedics arrived at 8:27:18 just 19 minutes after officers kueng and lane arrived within six minutes of a code 3 and they did what's called a load and go because of the crowd. they came, they came up and rather than attempt to resuscitate him on the scene they loaded him into the ambulance and they drove to a location several blocks away to begin their resuscitative efforts and you will hear and learn that officer thomas lane accompanied them for part of that time. you will learn ultimately that mr. floyd was transported to the emergency department at hennepin county where efforts to save mr.
8:55 am
floyd were made at the direction of dr. bradford lagenfeld. he ran tests, blood samples and lung samples and he obtained very important pieces of information. you will learn that later that evening mr. floyd was pronounced dead. the evidence will show then that dr. andrew baker of the hennepin county medical examiner's office conducted the only autopsy of mr. floyd and you will hear of several interviews that dr. baker had with law enforcement where he discusses the cause and manner of death and what that actually means according to what he saw present in mr. floyd's body, and some of this evidence is extremely important to the final determination of mr. floyd's cause of death. the medical findings include
8:56 am
things such as the blood gas test that was taken that revealed that mr. floyd had an exceptionally high level of carbon dioxide. dr. baker found none of what i referred to as the telltale signs of asphyxiation, there were no bruises to mr. floyd's neck either on his skin or after peeling his skin back to the muscles beneath? there was no petechial hemorrhaging. there was no evidence that mr. floyd's air flow was restricted and he did not determine to be a positional or mechanical asphyxia death. at the time mr. floyd was in the hospital, ephemeral blood draw was taken. that blood draw was analyzed by a lab. the results of mr. floyd's toxicology screen revealed the
8:57 am
presence of fentanyl and methamphetamine among other things, and it will be important to know the difference between fentanyl and methamphetamine. the autopsy revealed many other issues including coronary disease an enlarged card a paraganglioma which is a tumor which secretes adrenaline and swelling and edema of the lungs. the state was not satisfied with dr. baker's work, and so they have contracted with numerous physicians to contradict dr. baker's findings. this will ultimately be another significant battle in this trial. what was mr. floyd's actual cause of death? the evidence will show that mr. floyd died of a cardiac
8:58 am
arrhythmia that occurred as a result of hypertension, coronary disease, the ingestion of methamphetamine and fentanyl and the adrenaline flowing through his body all of which acted to further compromise an already compromised heart. at the conclusion of this evidence you will be instructed as to the law, the elements of the offense and the court will give you detailed instructions on what you must find to convict mr. chauvin of these charges, but when you review the actual evidence and when you hear the law and apply reason and common sense there will only be one just verdict and that is to find mr. chauvin not guilty. thank you. >> members of the jury, we will take our morning recess at this time until about 11:15. i want you to keep in mind that these breaks we try to keep as much as we can the time, but if
8:59 am
bathroom needs and other needs are important we can expand it a little bit, so i don't want you to be nervous about making sure that all of your personal business is done within the 20 minute, but keep in mind the 20 minutes is what we'll try to stick to through our morning and afternoon breaks. so for now, the deputy will take you back to the other courtroom and we're in recess until 11:15. and good day. i'm andrea mitchell in washington. we have just heard opening statements and some from the defense, the prosecution and the defense in the derek chauvin trial. the police officer is facing three charges, second-degree murder, third-degree murder and second-degree manslaughter after kneeling on george floyd's neck for nine minutes in may 2020 an incident captured on camera that sparked protests and racial reckoning across america. this morning we heard from prosecution lawyer jerry blackwell laying out the state's evidence kneeling on mr. floyd's
9:00 am
neck, neck and back. the prosecution says the evidence will show the jury that there was no cause for the use of force and chauvin's conduct was not consistent with police policy. >> you will be able to hear mr. floyd saying please, i can't breathe. you will see that mr. chauvin is kneeling on mr. floyd's neck and back. you will hear mr. floyd as he cried out. you will hear him at some point cry out for his mother, he was very close to his mother, you will learn. you will hear him say "tell my kids i love them." you will hear him say about his fear of dying, he says "i'll probably die this way. i'm through. i'm through. they're going to kill me. they're going to kill me, man. ." you will hear that mr. chauvin is told they can't find the pulse on mr. floyd. he is told that twice. they can't even find a pulse. you will be able to see for yourself what he does
139 Views
IN COLLECTIONS
MSNBC WestUploaded by TV Archive on
![](http://athena.archive.org/0.gif?kind=track_js&track_js_case=control&cache_bust=1137465572)