good afternoon, i'm katy tur. as we come on the air, another dramatic day in that courtroom in minneapolis the murder trial of derek chauvin expected to resume shortly. we will bring it to you live once it does the main witness so far today has been christopher martin who worked in the store when the chain of events that day began, the prosecution playing some of the last moments of george floyd's life store surveillance video we had

never seen before. martin says that george floyd appeared to be high, according to martin. he also said he sold a pack of cigarettes to george floyd and then he says he realized the $20 bill that floyd used for the purchase was fake. >> i was checking out the $20 bill that i just received. >> is that something you always do >> no. when i received the bill, i noticed how there was a blue pigment to it, kind of like a $100 bill would have i found that odd so i assumed it was fake >> after he left, did you look at the bill again? >> i did >> at the time that you were working on may 25th of 2020, what was the store policy about cashiers accepting $20 bills >> the policy was if you took a counterfeit bill, you had to pay

for it out of your paycheck. >> it gave you an incentive to care about what you take >> yes >> did you think that bill might not be legitimate? >> i did >> what did you decide to do >> i took it, anyway, and i was planning to just put it on my tab until i second-guessed myself, and as you can see in the video, i kept examining it and then i eventually told my manager. >> martin says his manager asked him to talk to george floyd who was in his own suv outside he says he went out twice with coworkers, and floyd and another person in the suv did not agree to come back in. that is when his manager told another employee to call the police police arrived, spoke to the manager, and then christopher martin says he noticed a commotion outside. >> i saw people yelling and screaming. i saw derek with his knee on

george's neck on the ground. george was motionless, limp, and chauvin seemed very -- he was in a resting state, meaning like he just rested his knee on his neck >> what did you do when you saw that >> i pulled my phone out first and i called my mom and told her not to come downstairs, and then i saw the recording. >> what was going through your mind in that time period >> disbelief guilt. >> okay. why guilt? >> if i would have just not taken the bill, this could have been avoided >> disbelief and guilt really difficult to hear that. the anguish from the employees and christopher martin on that stand. martin said the police officer pushed his coworker unprovoked

the prosecution appearing to try to pre-but the offense, painting a picture of why not arrest him and he would still be alive? remember, george floyd at one point was in a police vehicle and then removed from it shortly before derek chauvin put a knee on george floyd's neck then it was the defense's turn focusing on george floyd acting like he was high and asking christopher martin why he turned away another person, having turned down another counterfeit bill that day. but he accepted the one from george floyd he said he thought george floyd did not know it was counterfeit. that is another detail we did not know we go to gabe gutierrez who is in minneapolis, and former prosecutor paul butler he's also the author of

"chokehold." gabe, my understanding is you have breaking news about one of the jurors what can you tell us >> reporter: hi there, katy if you're watching our coverage on msnbc, you might remember there was a five-minute break that was scheduled abruptly taken this morning right after that surveillance video was played, but that break actually took much longer we're now getting new information from a pool note from one of the reporters inside the courtroom because of covid protocols, one of the jurors actually suffered a stress-related reaction, and she admitted she's having trouble sleeping i want to read from that note. the judge indicated she was offered medical attention and declined it. now, it's not clear whether she had thrown up, suffered a dizzy spell, felt faint or what, no details were given but the judge actually asked this juror, how are you feeling? and the juror said, i'm shaking but better the judge was not totally

audible but asked if this was a stress-related reaction, explaining that we would have to make a record of this, and the juror said yes, and she agreed when the judge says he understands she's been having trouble sleeping here's a quote from that juror she says, i've been awake since 2:00 a.m., she says. then a quick discussion of medical assistance she then says, i think i will be okay moving forward. so, katy, what that says to me is the intense amount of pressure that these -- not just the witnesses, we kept hearing witness testimony, you heard from christopher martin earlier today, but then the bystanders yesterday, apparently the stress of all this is having some effect on at least one of the jurors who, again, is back in the courtroom right now, but she was actually put at a seat closer to the door in case she needed to use the restroom, for example. that is new information that we're getting at this hour a bit of the behind-the-scenes that we're learning about what happened this morning, katy.

>> we were certainly wondering why that five-minute break turned into a much longer break earlier today. paul butler, does this often happen with jurors in trials such as these? >> it doesn't happen a lot, but the concern is there are only two alternate jurors for a trial that's expected to last about three or four weeks during a pandemic so if two jurors have to be excused, that means that there is no more room for any other juror to get sick or have an emergency because then there would have to be a mistrial. and so certainly the judge, the defense and the prosecutors are all praying for the health of this juror for its own sake, but also for the sake of the trial >> gabe gutierrez, let's talk about what we heard today from christopher martin

new detail that he believed george floyd did not know that the $20 bill was fake. it was an interesting morning with the defense doing much -- or the prosecution doing much of what you would expect the defense to do, bringing up all of the potentially negative aspects around this case that george floyd, according to martin, appeared to be high, that it was a counterfeit bill, trying to pre-but what the defense was going to likely try to bring up. >> reporter: this video fills in a lot of gaps. we had seen plenty of videos of interaction between george floyd and some of the officers, and even some of the outside security from the restaurant across the street, we had seen that, but we had not seen this video inside the cup foods yes, on one hand it could be seen as points for the defense, pointing out that george floyd appeared to be high while he was in the cup foods or that he gave a $20 bill at the same time, you could see

that while george floyd was moving around and talking with some people inside the store, he seemed to be a little agitated, or at least moving around, shimmying, perhaps dancing, but according to that video and according to the testimony of christopher martin, he did not seem threatening so that could actually play very well for the prosecution also watching martin, what really stuck out to me, and you mentioned this earlier, katy, the crushing, crushing guilt he must feel like the entire weight of the world is on his shoulders because he even said that if he had not accepted that $20 bill, he believes this all could have been avoided. imagine being there and seeing him on the surveillance video with his hands above his head. you can see him kind of anxiously watching what was going on as george floyd was being arrested just imagine what he must have been thinking, and he actually lived above that cup foods he said he no longer could work there shortly after this

incident because he no longer felt safe. and i remember from speaking with the owner of the cup foods last summer when this story first broke, at the time that store was getting a lot of backlash from the community for why 911 was called in the first place, and at the center of all that, was christopher martin, a young man who, up until today, we had not heard his reenactment, katy. >> let's talk about this bill. how significant is it, if it is at all, martin said he didn't believe george floyd knew it was a counterfeit bill >> i think the testimony from christopher martin today had three purposes one, as you indicate, is to let the jury know what got the police called out to his store all of this over a $20 bill that

mr. martin said george floyd probably didn't even know was counterfeit. and so when you see those officers approach mr. floyd's car like he's public enemy number one, and within seconds take out their gun, pointing it at him, that force looks excessive is what the prosecutors want the jury to think. the prosecutors also want to humanize george floyd and his community, so as gabe indicated, in the video, we see george laughing and joking while he's waiting for his phone to be fixed. >> a really, really brutal morning. gabe gutierrez, paul butler, thank you very much. paul, you're sticking around don't go too far pfizer is out with incredible news for parents and children the drug company released the first findings from the child

vaccine study and found that it's both safe -- and here is the big headline here -- 100% effective of preventing covid-19 in kids ages 12 to 15. these have not yet been peer reviewed, so stay tuned for that it is approved for kids under the age of 16 in the coming weeks. the vaccine is already approved for anyone older than 16 it is welcome news as cases continue to rise across the country, and the cdc's dr. rochelle walensky continued her plea for parents to wait just a little bit longer. >> this is a critical moment for the pandemic as we see increases in cases, we cannot afford to let our guard down we are so close, so very close to getting back to the everyday activities we all miss so much, but we're not quite there yet.

>> joining me is the director of columbia university's national center for disaster preparedness, dr. irwin redleiner. he's also a pediatrician the news from pfizer, 100% effective between ages 12 and 15 what's your takeaway on that >> hi, katy, it's a great piece of information and welcome news. you know, i kind of wish that they had waited to get a little more verification from peers in that peer review that other experts look at before they released it in a press release that said, i'm thinking that we should be encouraged by this news, and, in fact, we really need to make sure that children do get safe and effective vaccines as soon as possible two reasons, katy. one is that we want to make sure children are safe even though they don't get very sick from covid. we do want them to go back to school full-time in person, and the more protected they are, the better but the second thing is that we're striving for this, you

know, herd immunity where we have about 80% of all americans vaccinated, meaning that we'll be able to control the spread by having that many people vaccinated, but we can't reach that number, katy, unless we have children vaccinated as well as adults. so lots of reasons to be happy about this and by the way, the other vaccine meeting, moderna, j&j, astrazeneca, all of them are doing trials in young people and will be doing trials in children as young as a couple months of age, katy. >> this one says 12 to 15. what do you think it's going to mean from your experience, your expertise, for kids under the age of 12? >> yeah, i think by summertime we'll have vaccines available for children as young as, you know, two, three months of age i do think that will be really good news, and we need to be striving toward that

so far the results pfizer has reached are very encouraging 100% effective meaning that none of the children who actually got the vaccine got covid compared to 19 or 20 kids who got the placebo did get covid. so i think it's very promising still waiting for some verification from other experts and having that published in the medical journals like it's supposed to be but so far so good, and i think we have every reason to feel positive about this moving forward. by the way, i was at a children's museum this morning with my grandson, and i just randomly asked a number of parents how they feel about vaccinating their children, and a person within four or five people said, we're not sure yet. we're going to have some work to do talking parents into it being safe and effective we'll have to get there sometime

soon, katy >> the trials will help. this is good news this morning the really good news last night that got me excited was rochelle walensky on with my colleague rachel maddow saying the data from the cdc suggest that vaccinated people do not carry the virus. that is a big, big, big deal >> it's a huge deal, because this is one of the questions that has been unanswered i think people who get vaccinated should feel very confident that they're not going to get very, very sick, hospitalized or not survivethe disease, but we have not known forcertain whether enough people who are vaccinated can actually carry it. to be reassured that not only will we not get very sick, but we won't be able to carry or spread the disease, is particularly good news and very welcome information from the cdc >> dr. irwin redleiner, thank you for being here, especially

when we have good news to report coming up, capitol hill police officers injured in the january 6 insurrection have filed a lawsuit against the former president why they say donald trump is responsible. and it is finally infrastructure week. later today president biden will pitch his multi-trillion-dollar plan for america's roads, bridges and its water, but will he find any republican support usually infrastructure is easy among all sides. but first, reporting for the "new york times," a doj inveigstation launched a rising star in the republican party it e doing? for sure. seriously? one up the power of liquid, one up the toughest stains. any further questions? uh uh! one up the power of liquid with tide pods ultra oxi. we are hoping things will pick up by q3. yeah...uh... doug?

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it is a horrible allegation and it is a lie. what is happening is an extortion of me and my family involving a former department of justice official >> who is this girl? what are they talking about in the "new york times" >> the person doesn't exist. i have not had a relationship with a 17-year-old that is totally false. >> florida congressman matt gaetz says he is the victim of a multi-million-dollar plot. the "new york times" reported that gaetz is being investigated by the justice department over a possible sexual relationship with a 17-year-old girltwo years ago. law enforcement sources confirmed the investigation to nbc news

the d.a. is looking into whether gaetz paid the girl to travel with him despite doj investigation laws gaetz claims it is extortion kerry sanders joins me in gaetz' home state of florida and investigator tom winter. tom, what does the doj confirm with us? >> this comes from law officials as well as as 107 pages of court documents, that this is an investigation borne out of a separate investigation about a year ago, authorities in florida started looking sinto a local politician, a seminole county tax collector, not a case we would spend any sort of time on in the course of that case, superseding indictments. basically what happened, katy, they came upon a sex trafficking investigation.

and in the course of that sex trafficking investigation, it led them to congressman matt gaetz. so that's kind of how this case all came about >> tom, thank you very much. sorry to cut you short, but the trial of derek chauvin has now resumed. a new witness has been sworn in. let's go >> thank you for being here. i'm going to start with some questions about your background and then we'll move on from there, all right >> yes, ma'am. >> so could you tell the jury how old you are. >> 61 years old. >> and how far did you go in school >> third grade >> what city do you live in? >> hennepin county >> you're in hennepin county are you in minneapolis >> yes, ma'am. >> i'm going to ask you some questions about memorial day, may 25th of last year. do you live in an area close to cup foods? >> yes, i do

>> and that evening, on may 25th, were you driving by that area >> yes, i was. >> and what kind of car do you drive? >> i drive a 2006 dodge caravan, blue >> is that a van >> yes, ma'am. >> so when you were in the area of 38th and chicago, did something draw your attention? >> yes, it did >> what was that what did you see >> i was at the red light going south, and at the time i was going to go east onto 38 that was on my left when i started to make a left turn, i saw action with a car, a man and a police officer >> i'm going to show you a map if we could put up exhibit 1, please all right, so you were talking

about where you were using this map that's up on the screen, could you just describe -- actually, there is a little pen there, you can use that to show the jury where you were and where you were headed >> i can't see what you want me to do. i was on the corner of 38th and chicago to make a left to go east, so i was right on the corner of 38th and chicago >> you were headed east on 38th street, is that right? >> yes, which would be right here >> perfect you just made a mark at that intersection there in the direction you were headed, which was eastbound, is that right >> yes >> and when you were headed down 38th, you said you saw an

interaction with somebody and some police officers what did you see at that point >> when i made the left, i saw a blue -- it was a mercedes-benz truck on the right side with a police officer standing at the door i automatically made a right turn >> what made you decide to stop and pull over? >> being nosy, you know. i'm a nosy person. >> did you want to know what was going on >> yeah. >> when you first approached there and you saw them standing next to a blue per -- mercedes-benz truck -- >> with the door open.

>> with the door open. did you go up the street a little bit and park? >> i immediately parked, got out. >> so when you got out, what did you do >> i walked across -- i went to the other side of the street >> would that be the cup foods side of the street >> yes >> okay. so what did you do on the other side of the street >> i engaged in what was going on by watching >> what did you see from the cup foods side of the street >> first i seen the officer asking floyd to get out of the truck. he walked over to the sidewalk -- you know, just walked over to the sidewalk behind theloyd truck >> i'm going to stop you there and we'll break it down a little bit. you said you saw the officers getting mr. floyd out of the truck, is that right >> yes, ma'am. >> you said mr. floyd. did you know who he was at the

time >> no, ma'am >> did you later learn that man was george floyd >> yes, ma'am. >> okay. so you saw -- how many officers at that time did you see interacting with mr. floyd >> i want to say one at the time, yet another one walked over to help him >> so tell the jury about that what did you see the first officer do and then what happened next? start from that point? >> the first officer was asking mr. floyd to get out from that point on, i want to say the other one walked up to the truck with the other officer. all of a sudden i heard a couple words, i don't know what it was, he finally got mr. floyd out of the truck, handcuffed him and walked him down. >> i'm going to stop you right there. so first you saw one officer interacting on the driver's side

of the car with mr. floyd, is that right >> yes, ma'am. >> then you said there was another officer who was on the passenger's side initially of that blue mercedes truck, is that right >> yes, ma'am. >> and i think you described that eventually that officer on the passenger's side came over to assist on the driver's side, is that right? >> yes, ma'am. >> you said that those officers got mr. floyd handcuffed did you see that happen? >> no, i didn't. i don't recall >> what did you see while you were standing on the cup foods side of the street happen right next to that suv >> after that i seen -- because i was looking away, but then when i turned back and looked, they were putting him in handcuffs, then they started to walk him down the sidewalk >> you didn't see the very moment he was put in handcuffs -- >> no, ma'am >> -- but you did see that he

was in handcuffs >> yes, ma'am. >> were -- so you weren't focused the entire time on when he was handcuffed? >> no, ma'am >> so you saw him handcuffed and they walked him across the street can you show on the map what happened next? you can put either a line or a mark where you saw them walking. >> oh, boy it's on the right-hand side. >> let's take off the enlarged portion just a minute there. it was a restaurant on the right-hand side of the truck that's what i'm looking for and i can't see it >> would that be the dragon wok

restaurant >> yes, the little restaurant on the corner >> is that where the officer that you saw walked with mr. floyd at that point? >> yes, ma'am. >> okay. and you said he was in handcuffs. was mr. floyd walking across the street >> yeah, he was walking up the sidewalk with him. >> and then what happened? >> he said something about he couldn't -- he said something -- i can't recall what he said, but whatever he said, they let him sit down >> and you saw the interaction where he was sitting down? >> yes, ma'am. >> where were you? >> i was on the cup foods side >> i'm going to try not to talk over you, but if you could just wait for the question and you can answer, and i'll try to do the same >> thank you >> just because we have someone taking it all down all right, so you are on the cup foods side you see them sit him down at the

dragon wok could you hear what was going on in terms of the whole conversation >> no, ma'am >> but you were watching what was going on, is that right? >> yes, ma'am. >> did they move again after that >> yes, ma'am, they got him off the sidewalk >> after he got up off the sidewalk, where did they go? >> they went to the red light, which would be going north through the red light. >> did they head toward cup foods at that point? >> yes, ma'am. >> where were you? did you say where you were or did you follow >> i just went on down the sidewalk by the cup foods.

>> did we show some pictures and videos from a day prior to your testimony in court today did you see some videos and pictures on a previous day when we met before? >> yes, i did. >> all right i'm going to put up just for you but not for the jury what we've marked as exhibit 38, please all right. do you see that in front of you? >> yes, ma'am. >> do you recognize it on the map? >> yes, i do >> is that what you looked like on may 29 and what you were wearing? >> yes, ma'am. >> we would offer exhibit 38 >> exhibit 38 is received. so the jury is seeing what you

looked like and were wearing on may 25th, is that right? >> yes >> you were talking about walking down it is sidewalk and getting closer did you get closer at that point. >> i got closer. >> so after you see the officers walk mr. floyd toward the cup foods and you're getting closer, what do you see then i see them -- >> i see them taking mr. floyd to the car >> they were taking mr. floyd to the squad car at that point? >> yes, ma'am. >> was he still handcuffed at that point >> yes, ma'am. >> was mr. floyd still walking with those officers? >> yes, ma'am. >> it was just those two officers at that point >> yes

>> did you know either of those two officers >> no. >> and then did you continue to observe after they got to that squad car? >> yes, i did. >> what did you see then >> just standing there, getting him into the car, you know, and i was paying attention like i always was >> and was mr. floyd saying anything at that point in time >> yes, he was >> were you engaging in a conversation with mr. floyd as well >> yes, i was. >> tell the jury just a little bit about what was going on in that moment. >> at the time i was engaged with mr. floyd that the officer was, you know, trying to get him in the car and everything, and i was telling him, mr. floyd, just comply with him, get in the car because you can't win, something of that nature

>> and before, as you were watching mr. floyd walk up to the squad car and he was seated down and then he was walked across the street, any of those moments in time, did you see mr. floyd fighting or being violent with the officers from the moment he was taken out of the car until he was sat down and then walked across the street? >> no. >> okay. then you were describing what was going on -- he was handcuffed, you described, that whole time, is that right? >> yes >> and then you're talking about them trying to get him into the car. did we previously show you video that showed your position and what you were watching as well as what one of the officers off camera showed what was going on at that point? did you see that video on a previous date?

>> yes >> did that show accurately and fairly what you saw as well as what you heard and what was going on with respect to mr. floyd at the squad car did that show what was happening? >> yes >> just so i'm clearly describing it to you, i know you saw a number of videos, there was one that had a view from one of the officer's body cameras combined with a surveillance camera that was showing where you were standing. and that's what we've marked as exhibit 39 and you said that that video showed what you were doing and what you saw and heard, is that right? >> yes >> i would offer exhibit 39. >> 39 is received. >> and we will publish that now.

does that show you walking by -- let's pause it for one moment. before we play, the top screen, does that show where you're standing next to the squad car >> yes >> and can you just point yourself out on that top screen? and then the other video that's embedded within what's shown here, that shows the officer, mr. floyd, at the car, is that right? >> yes >> we will clear that and then we will continue watching the video. >> i don't want to win >> you ain't going to win. >> i don't want to win m man. >> you made a mistake, man >> okay, okay, i'm going in. >> we're at 18:07.

are you having a conversation with mr. floyd at that point >> yes, ma'am. >> what's going on in that conversation >> the conversation that i'm watching mr. floyd in the backseat of the police car, and i'm trying to get him to understand that when you make a mistake, once they get you in the car, you go with them. i was trying to get thim to go. >> is it your voice saying things like, you can't win >> yes, ma'am. >> why were you saying that? >> because i've had interactions with an officer myself, and i know once you get in with the cops, you can't win. you're done. >> so were you trying to just help him to -- >> make the situation easy

>> so you were trying to make the situation easier there are some comments about, you know, i'm claustrophobic, and i believe there was a response were you having a conversation with mr. floyd at that point in time >> yes, ma'am. >> did you feel like he was hearing you and understanding what you were saying >> yes, ma'am. >> like you said, you were just trying to make it easier and help, is that right? >> yes, ma'am. >> at some point, did some other officers arrive? >> yes, ma'am. >> did you know any of the other officers who arrived >> yes, ma'am. >> who did you know? you made a mark with an arrow pointing to mr. chauvin. how did you know mr. chauvin >> five days prior to this happening, i pulled up on a

squad car, and i seen mr. chauvin and i told him, like i tell all the officers at the end of the day, you go home to your family safe and let the next person go home to their family safe >> so you had met him in community a few days prior, is that right >> i had seen him in the community prior to the day i pulled up on him i gave him the recommendation of what i said. >> so you had seen him a few days prior and had a conversation with him, but you had known him in the community as well, is that right >> i recognized him as an officer in the community >> so you recognized him as an officer? >> yes, ma'am. >> i'll try to slow down, you try to slow down we'll both take a breath i'm going try not to talk over you. i'll do my best. all right. okay so i'm going to let the video

play >> i'm not trying to win i didn't do anything >> get in the car. >> don't do me like that, man. >> get in the car. >> can i go in the front, please >> no. get in the car >> okay. hey, man ow, ow please, officer, please! please please >> take a seat >> please!

>> get in the squad! >> breathe breathe. i can't breathe. i can't breathe. please, man. >> you're under arrest right now for forgery. >> for what? >> come on out on the ground.

>> i can't breathe i can't breathe. >> he's not moving >> mama! mama mama mama mama oh, my god i can't breathe. i can't breathe. i can't breathe. i can't breathe, man >> stop it right there, please do you need a minute

there is water as well if you need a break to get some water, let me know may i approach, your honor >> yes

you okay i know this is difficult can you just explain sort of what you're feeling in this moment >> happily i don't have a moment. my mom died june 25th. >> let's take a 10-minute break. >> we'll take a little break >> obviously very difficult moment inside that courtroom,

difficult outside that courtroom, frankly, difficult to watch it, even from this seat. that video showing the distress that george floyd was in as he was being put into that police cruiser. that right there is a man named charles mcmillan, who was an eyewitness, who was trying to have a conversation with george floyd telling him just to accept it, get in the car, he can't win. you heard there on that tape then you see at the end of that video where they cut, that's when george floyd was taken back out of the car, and that's when you saw derek chauvin's knee on george floyd's neck and him saying repeatedly, mama, mama, mama, and saying, i can't breathe in a way, frankly, i don't think we've seen before in such traumatic detail. back now with georgetown law

prefer, paul butler. paul, i'm handing it back to you because that was hard to watch >> it never gets easier to watch that video the prosecutors want to rebut the defense, the force that officer chauvin used was reasonable because floyd was resisting arrest mr. floyd is saying he's kl claust claustrophobic, so the prosecutors want the jurors to understand that mr. floyd was traumatized about getting into the squad car not because he was uncooperative, but because he had claustrophobia, and he also had experienced trauma from previous encounters with cops where they pointed a gun at him. so i think that this witness has been effective at communicating those points and, katy, if i may, just a quick shout-out to this prosecutor she's the first lawyer we've heard from who sounds like a

human being and not a robot. she's easy to listen to, she relaxes the witness. this is the first lawyer we've heard from in this case who i would tell my law students to look to as an example of how to try a case >> when a witness like this breaks down like that on the stand, what does itmean for th case what does it signal to the jury? >> every eyewitness to mr. floyd's death has experienced trauma by my count this is the fourth or fifth witness who has broken down on the stand, who has cried. and so this is emotional i just accused lawyers of

sometimes sounding like robots, so this will sound a little bit unfeeling. but prosecutors don't mind this at all this is good for the state's case because, a, it suggests how high the stakes are. mr. floyd was a human being. during that videotape where we see mr. floyd literally narrating his own death, one of the bystanders says to the cops, bro, he's human. but what the prosecutors want the jurors to believe is that these police officers did not treat mr. floyd like a human being, and that's what this emotion from these witnesses also establishes >> he also mentioned that he had seen officer derek chauvin in the community before and that five days later he had an interaction with him, and it was kind of hard to understand, but he said something, at the end of

the day you go home to your family and you're safe, we go home to ours and we're safe. what does that interaction signify? >> it's the talk that every parent of color gives her child. that when you have an with wit, you basically have three objectives you want to belieleave that encounter, number one, alive, two without getting beat up and three, without being arrested. to make that happen is to go along with what the police tell you to do and then complain later or bring a case later. and this older gentleman was essentially giving a version of that talk to mr. floyd, but to no avail, because these officers were just relentless, as depicted on this video. >> how is the defense going to approach this? >> you know, this is a witness

who as a defense attorney, i don't even know how i would cross examine him, katy. these witnesses aren't experts on police protocols for use of force, and they don't know the cause of mr. floyd's death, but that's not why the state is calling them and that's why the cross examinations so far have not n effective. sometimes it works to try to get a juror riled up -- to get a witness riled up to give the jury a different impression of her, and the defense scored some points yesterday with the cross examination of the emt officer, who did get heated that happens because, again, these witnesses think that the defense attorneys are trying to get off a person who they believe committed murder and that's why i think some of these witnesses could be better prepared by the prosecutors.

this gentleman, again, it's emotional. it's hard to watch the video it's hard to see this gentleman break down on the stand, but strategically for the prosecutors, it's a good day. >> you know, i'm wondering what it's like to be a juror and to see that video, and what it means for their reaction to this entire trial and the video had been released before by another outlet, but it was so graphic and so hard to watch that it just wasn't played very much widely so, this is, for many americans and potentially even for this jury, the first time they've ever seen that video and to hear him call out for his mama, mama, mama i think of my 2-year-old son saying, mama, mama, mama to say "i can't breathe" over and over and over again, what does that do to a jury

>> we know that the one juror today experienced distressed she gave the judge a signal earlier this morning that she had to take a break. and what we've learned is that she told the judge that she hasn't been able to sleep. so, just as every eyewitness has talked about the trauma, a sense of remorse, almost of survivor's guilt, we also see the jury impacted by the dramatic testimony and the video. and it's just hard for the defense to rebut that. the judge will remind the jurors that they're only hearing one side of the case, that mr. chauvin doesn't even have to present a defense because it's the heavy burden of the government to prove the case beyond a reasonable doubt.

so, to the extent that it looks like the prosecutor is winning, it often looks like that at this stage of the case. at the same time, katy, i've seen a lot of trials, tried a lot of cases and this evidence is extraordinarily compelling. >> i've got another question for you, but stick around for us, because i want to bring in shaq br brewster live in minneapolis for us have you gotten any reaction from the community about what they've seen so far today during this trial and if anyone had seen the testimony we just watched with that man breaking down >> reporter: i haven't gotten any instant reaction, katy if i could just put what we saw in a little bit of context, for one, we've got a new angle of this incident. this is the first time we saw prosecutors acknowledge there was that struggle between mr. floyd and the police officer and you see charles mcmillan

there, someone who said he was driving around, said he was being nosey, went over and saw what was happening and stopped one thing we will likely see to come when this testimony resumes is that you'll see the attitude of mr. mcmillan change as this interaction continues. you heard a little bit right there during that struggle to get mr. floyd in the car you heard mr. mcmillan, excuse me, say, you can't win you can't win, suggesting that floyd should stop resisting and just get in the car and follow the officer's instructions after floyd goes through that car and is on the other side of that vehicle and on the ground and under the knee of officer chauv. n. he tells him just try to get up and floyd says i'm trying. i can't. they're on my knee they're restraining me then you hear his tone shift into okay, one of officer, you can let your knee off. you can get his knee off your neck now you don't need to be holding

your knee on your neck he then turns against the officers and begins pleading with the fors to stop. when he's breaking down, there's more to come, more context of what he was thinking again, you heard it in that video. >> shaq, i'm sorry to interrupt you. charles mcmillan -- shaq, hold on charles mcmillan is resuming his testimony. >> putting mr. floyd in the car, can you describe what you saw, from your perspective?

>> can you just point out where you are? and you said -- you're talking about the other officer, and i think you used the word hog tie. can you describe what you mean by that? >> so where we have this video stopped, you were watching -- sorry. is that better i just want to make sure you can hear me and i can hear you i have trouble hearing with all the plexi glass and masks. i apologize. can you describe what you're seeing at that point >> i'm seeing mr. floyd on the ground. >> and is anyone else on the ground >> will you repeat that again, please >> yeah. is anyone with him on the ground >> yes, ma'am.

>> what do you see in terms of the other officers >> i see two officers on the back of him, and i see the officer in the front with him. and i see mr. chauer in the tru trunk of the car. >> did you know who he was, that officer at the back? >> no, ma'am, i didn't know who he was. >> you don't know his name today, do you? >> chao, whatever it is. >> but another officer that you weren't familiar with at that time >> no, ma'am. >> okay. and what about officer chauvin you said you knew him. is that right? >> i did know his name at the time, but i knew of him by in the squad car and what i said to him, but i didn't know who he was. >> you later realized that you knew -- >> his name, yes, ma'am. >> his name.

all right. so i'm going to back you up a little bit before these officers were on the ground with mr. floyd and there's an officer at the back, at the beginning of this clip, they were getting him into the car, is that right >> yes, ma'am. >> okay. at that time, you were having a conversation with mr. floyd, is that right >> yes, ma'am. >> and then were you continuing to have a conversation with mr. floyd throughout this process? >> i can't recall if i was right now. >> did you hear mr. floyd speaking >> yes, ma'am. >> and then at times, were you also speaking to him >> i want to say yes. >> okay. anything you said, that's captured on camera, that would have been what you said, is that right, over the course of your

time of interaction with mr. floyd? >> yes, ma'am. >> okay. so, what stood out to you about what mr. floyd was saying when you saw him on the ground? >> when he kept saying "i can't breathe" and when he said "mama, they're killing me." "they're killing me." that's what i kept hearing "mama, i can't breathe they're killing me." he started saying my body's shutting down. >> and was it your voice somewhere in the middle of all this saying, get up and get in the car? was that you >> yes, ma'am. >> and why were you saying that? what were you trying to do at that point >> i was trying to help him. >> and how did h