officers keung in lane arrive at cup foods 808, 20 seconds. so no we see the police officers are responding and on see that 808. both miscarried and peter chang describe that during the course of the interaction between the initial interaction between officers keung and lane through dispatch they heard what sounded like the sounds of a struggle. she is trained to listen she heard the sound of a struggle and on her own she said other officers need to respond code three to assist officers keung and elaine. a reasonable police officer and emergent to a scene is canceled from the scene, no being told other officers need assistance and step it up. get there fast. so you can see again, based on the records, that 810, zero eight. backup 320. no 330 is officer chauvin and thao. backing up officer keung and lane and peter chang responds at 810, 21 seconds. you hear 320 taking one out that means removing someone from the vehicle at 811, zero two. ultimately called for. all clear at 2012, 21. literally this demonstrates a couple of things. how quickly a

>> yes. >> so, then you observed as the officers lane and keung walked mr. floyd over to their squad car, correct? >> yes. >> and that's when you decided to move your squad car over to that area, correct? >> yes. >> and your intention there was to help those two officers with what they were doing? >> correct. >> but as soon as you got out, they asked you to go watch the scene by the dragon wok with the two passengers? >> yes. >> and you did that. you then walked back over to that location? >> yes. >> and once you walked back over there, you really couldn't see what was going on with officers lane and keung and mr. floyd in front of the cup foods? >> i believe at that time they still had floyd against the car. i believe during that time, yes. >> so against the driver's side of their squad car? >> i believe so, yes. >> but, once you walked over to the far side of the road over by the dragon wok, you could no longer see what was going on with mr. floyd? >> yes. >> you indicated that the crowd was getting louder and more aggressive, correct? >> yes. >> but you k

keung and mr. lane with a rundown of what happened it is lane and keung speaking and mr. chauvin stands are not making many corrections or additions. so obviously again, a hearsay problem. and that is aware of any hearsay exceptions that would allow those statements by the non- testify as to come in. also to the extent your honor it is admitted, we word argue the adopted admission we want to be clear about that on the record there is the obvious hearsay problem there. it is essentially seeing this in the service as a judge it simply trying to get in self-serving hearsay a defense without having to testify. that is very clearly what is beingot attempted all you cannot do that through hearsay. so we think that is relevant as well. and prohibited by the hearsay rule. >> onle the 2045 video, that discussion is primarily about what happened with mr. floyd, the use of force, is that correct? >> correct. >> is there anything beyond that in the 2045 or mr. nelson'sny or anything beyond the discussion of what happened for use of force? >> yes your honor. discussions who will go to

when he joined officer keung trying to put i joined officer keung trying to put mr floyd in the car.in the car. in your view of vast use of force, what is your i vast use of force, what is your perspective?— vast use of force, what is your --ersective? :, ~ �*, perspective? that mr floyd's level of resistance _ perspective? that mr floyd's level of resistance was _ perspective? that mr floyd's level of resistance was objectively i of resistance was objectively reasonable for those officers to do the techniques that they were doing. i felt that level of resistance exhibited by mr floyd justified the officers and higher level of force. if an officer chooses not to use a higher— if an officer chooses not to use a higher level of force, is that an element — higher level of force, is that an element of de—escalation? higher level of force, is that an element of de-escalation? rephrase a. how element of de-escalation? rephrase a- how does — element of de-escalation? rephrase a- how does an _ element of de-escalation? rephrase a. how does an officer's _ element of de-escalation? rephrase a.

. >> did you ask keung and lane to participate in the canvas? >> no, i don't believe i did. >> what did you ask them to do? >> i asked them to chill out because later on i knew from sergeant ploeger that he had a couple of escort sergeants coming down to transport them to interview room 100. >> publish exhibit 85. all right, looking at exhibit 85 from your body worn camera at 21:51.25 you see officers lane and keung, standing where you told them to stand waiting where you told them to wait? >> correct. >> and at this time you instructed them to keep their body worn cameras activated? >> correct. >> do you recall speaking with any other potential witnesses while you were at the scene? >> no, i don't. >> do you recall entering cup foods? >> yes, yes. >> speak with anybody at cup foods? >> yes. like i said before, sergeant ploeger asked me to see if i could make contact with the manager there at cup foods and i did, and i spoke with him. >> publish exhibit 86. this is an image from your body worn camera at 21:54:21, who is that individual? >> i do

nelson: in this case after officers keung and lane responded to the call, dispatch sent officer chauvin and officer thao code three to the scene. you don't recall that? >> i have to review the materials i accept your representation. nelson: then because they were taking somebody out of the car, implying a reasonable officer would know that someone is being removed from the car for some reason. and a reasonable officer they would take into consideration they would know that fact. >> yes a reasonable officer would know at some point why are they removing mr. floyd from the vehicle. >> one of the factors you discussed with the graham standard was the severity of the crime they were responding to. >> yes. nelson: ultimately in terms of that do reasonable police officers frequently encounter situations that start out as a mild offense but elevates to something more serious? >> it is possible. i don't think there's any reason to suggest there are facts or circumstances. nelson: if the officers initially on scene were struggling with an individual resulting dispatch stepping up to additional o

and you really don't see officers lane or keung on that video. but from the perspective across the street, you do see those officers. it's not obstructed by the police vehicle. >> upon your review of the videos and the documents you discussed, did you complete a report memorializing your findings? >> yes. my findings and opinions. >> how long was that report? >> the report total i believe was close to 300 pages. that includes a rather lengthy appendix that lists out all the materials i reviewed. the body of the report itself, which has my summary of the relevant facts and my opinions, was, i think about 112 pages. 110 pages without the table of contents. over 100 pages. >> did you rely on your training and your experience and academic experience to review the evidence in this case and reach your conclusions? >> yes. >> and have you reached your opinions to a degree of reasonable professional certainty based on generally accepted standards in your field? >> yes. >> before sharing those opinions, i would like you to please explain, what factors you

nelson: would you agree from the perspective of officer keung body camera itch appears officer chauvin knee was on his shoulder blade? >> yes. nelson: i have no further questions. >> thank you your honor chief you just testified at that particular moment in time you were viewing former officer keung body worn camera it appears at that moment in time the need of the defendant was more toward the shoulder blade. is that right? that's correct. >> at a time when the ambulance had already arrived. >> yes. >> very shortly before they loaded mr. floyd on to the gurney. >> that is correct. >> in your view of the body worn camera prior to today did you see the defendants knee anywhere but the neck of mr. floyd up until that time? >> that is correct. schleicher: so the knee of the defendant was on mr. floyd's neck up until the time he just pointed out. >> yes. with that video portion that is the first time the knee of the defendant is on the shoulder blade. schleicher: i was right before the paramedic came. >> that is right. schleicher: talking about the neck restraint policy show exhibit 17 ple

and sector car 320s, keung and wayne took it. when keung and elaine took it over you can go back and listen to that audio of that dispatch and you can hear them talking to each other. officers keung and lane arrive at cub foods at 8:08 and 20 seconds. so now we see police officers are responding. there on thescene 8:08 . both jenna scurry and peter chang described during the course of the interaction between the initial interaction between officers keung and mister, they heard what sounded like the soundof a struggle . jenna scurry heard these sounds of a struggle and she aired out on her own on the officers need to respond, code 3 assistofficers lane . a reasonable police officer, is going from a scene, gets canceled from the scene. he's now being told that other officers need assistance. and step it up. get there fast. so you can see again, based on the record at it: 10 08, backed up to 330. so now 3:30 is officer chauvin and thao, their office backing up officer keung and lane and you can see peter chang respond at 21 seconds.

tell the jury when you first learned of the incident involving the defendant, officer s tao, lane, keung, and george floyd. >> on monday evening around 9:00 p.m. back on may 25th, 2020, i received a call, i was at my residence. and i received a call from one of my -- i think it was a deputy chief who had informed me that minneapolis police officers had responded to 38th and chicago. and while attempting to take someone into custody, that which i learned now to be mr. floyd, they believed that he would not make it or survive. and so he was being transported via ambulance to at that time hennepin county medical center. and while at least the information i had that evening at 9:00 p.m., at that time at least i was told was still alive, i decided to contact the minnesota bureau of criminal apprehension. and they are a state agency that conducts our critical incidents. i deemed that this would be a critical incident, and it has been our protocol to alert them and they would conduct that investigation. so i made that call to the bca to have them start to conduct this critical incident. >> did

>> they did. >> and officer keung and officer lane remained on scene? right?ome point, when you learned that mr. floyd had died, the use of force was no longer -- the use of force review was no longer reviewed by you, correct? >> correct. >> someone died -- well, and i believe even per policy, if someone was -- a use of force occurred while someone was in handcuffs, that policy required you to reach out to your superiors, right? >> that's correct. >> and if mr. floyd had not died, you would have not conducted a use of force review, correct? >> correct. >> you would have left it to the higher-ups, the people up the chain of command. >> right, since he sustained an injury in handcuffs. >> right. and likewise, when a suspect dies in police custody, you don't do a use of force review? >> right. >> and you did not do a use of force review in this case, did you? >> no. >> you talked about when it became a critical incident, the officers ended up at room 100 down at city hall. i think you initially said it was the courthouse, but you're talking about city hall across

keung's actions were possible causal factor, with his position on his back, causing asphyxia. and i'd note that the state believes that that crim j-4.01 in conjunction with acting alone or with others and the causation of each charge in the draft of the jury instruction. i'm going to be fair, that's not contained in the jury instruction and that was my addition and i advised the counsel that phrase or 4.01. we all agree that 4.01 is appropriate, i'll see about leaving it in there so we're on the same page as far as 4.01. would you agree that 4.01 jury instruction guide regarding accomplice liability should be given only once for clarity? >> yes, the state has no objection to giving that accomplice liability instruction only once after the charges are laid out for the jury. >> all right, okay. >> second, we'd ask for a revised definition of assault which of course relates to the second degree murder charge. as written, the state believes that the instruction suggests that the defendant must have a purpose to inflect or cause bodily harm in order for the defendant's conduct to c

i would like to publish keung body worn camera exhibit 43. through 2018, 46 seconds. >> please. please. >> you are under arrest for forgery. >> on the ground. schleicher: at that point they decided to bring mr. floyd out of the car. you can see initially he was brought to his knees. >> yes sir. schleicher: what did he say after initially was brought to his knees? >> i think he said thank you. schleicher: continue. >> [inaudible] >> i can't breathe. i can't breathe. i can't breathe. >> stop moving. schleicher: thank you. after he was initially on his knees and they began to put into the ground. what position to the officersn place mr. floyd when they brought him on the ground? >> composition. schleicher: what is the prone position? >> where you lay a person on their stomach or their chest. schleicher: you can see he was already handcuffed. >> yes. schleicher: now he is prone and on the ground and handcuffed. >> yes. schleicher: prior to this position did you see any aggressive actions or what could be interpreted as aggressive actions on prior to the prone position. >> yes. he ki

has introduce segments, attributed statements to various witnesses where we don't ofng its officer keung officer lane, the jury has not had the opportunity they are just told by the state this is who says this. it is the defense right to introduced out and at this point the late hour. >> on top of which it is a collateral issue but i will grant the request to exclude that testimony is not a proper topic for testimony. the video is what it is the jurors can listen to it and make up their own mind. in fact to be honest i'm surprised there wasn't an objection when mr. nelson asked. that is a witness opining on the videotape telling the jury what they should see or hear. that is not a proper topic for expert testimony the fact he has to slow it down and subtitles is thehi indication this is not a proper topic. it's for the jury to decide. i have experienced to a lot of body worn cameras that doesn't make me an expert i have to make factual findings off of body worn cameras and hearings. that doesn't make me an expert nor is it appropriate. when i listen to body worn cameras they have to list

>> when he joined officer keung and lane trying to put mr. floyd in the backseat of a patrol car. >> and in your view of that use of force, what is your perspective on that? >> that mr. floyd's level of resistance was -- it was objectively reasonable for the officers to use the techniques that they were doing. i felt that level of existence exhibited by mr. floyd justified the officers in higher use of force that they chose not to select. >> and would that be -- if an officer chooses not to use a higher level of force, is that an element of de-escalation? >> objection, leading. >> rephrase. >> how does an officer's decision to use less force factor into an analysis of de-escalation techniques? >> so, an officer sees an incident, feels they have the justification to use these tools that deal with the incident, which is due to the personality or the personal makeup of the officer, they chose not to, they try to expire a lesser technique to see if it'll work, and then if it doesn't work then they escalate. >> now, you've watched -- you testified

. >> body shot keung body worn camera. 255. >> that is the one i don't have a copy of. i don't have a copy of that, counsel. >> 819, 35. >> you have offered and received. >> no objection. >> it is received if not before. >> your honor, exhibit 122. which our records and pd crisis intervention training powerpoint baby not formally offered but we are offering at this time. >> may have a moment to check? >> we withdraw exhibit 122. your honor just for clarification of the record exhibit 624 and 628 only used to refresh recollection not offered as anre exhibit. >> understood. >> those are offered for refresh recollection and never offered? >> correct. >> can i get the inclusive number of that demonstrative? >> 922-2951. 922 through 951. >> are we talking about the milestone camera. >> that's next on the list. >> that the milestone video introduced the state introduced exhibit number 11 which was the milestone video in its entirety but it was cropped and it was not the entire three hours. the defense position is we don't have the objection to that being excerpted for the len

. >> keung came around, and we ended up getting him handcuffed. >> stand up. >> please, please, man!> people of our skin color, when we start getting treated like that by the police, we tend to tense up, and we tend to get scared a little bit. >> take a seat. sit down for me. >> thank you, man. thank you, mr. officer. >> sit down! >> thank you, man. >> you see the film. he didn't resist. he didn't do anything. he was panicking. he was scared. because he probably felt what was about to happen to him. >> you got an i.d. on you? >> i got one at home. >> all right, what's your name? >> george. >> george? >> george perry floyd. >> we were already trained as kids on what and what not to do. your parents told you, if you see the police, you better not do nothing. you lay on that ground, you lay your hands out. don't do nothing to them. because everybody knew what was going on. >> george floyd grew up in the cuney homes in houston. it's known as one of the notoriously toughest areas in houston. >> cuney homes is one of the largest housing development projects in houston, texas, where george

would you agree that from the perspective of officer keung's body camera it looks like the knee was on the shoulder blade? >> yes. >> i have no further questions. >>. >> thank you, your honor. chief, let's start with what you just saw and you testified that the particular moment in time that you were viewing officer keung's body worn camera it appeared at that moment in time that the knee of the defendant was more towards the shoulder blade. is that right? >> that is correct. >> that is at a time where the ambulance had already arrived? >> yes. >> very shortly before they loaded mr. floyd on to the gurney? >> yes. that is correct. >> and in your view of the body worn camera footage, everything you reviewed prior to testifying today, did you see the defendant's knee anywhere but the neck of mr. floyd up until that time? >> that is correct. >> and so, the knee of the defendant was on mr. floyd's neck up until the time you just pointed out? >> yes. when i viewed that video portion that is the first time that i had seen the knee of the defendant on the shoulder blade area. >> and that was

this is exhibit 100-8, which is a ten-second, approximately five-second clip of alexander king's keung's body-worn camera. >> is this in evidence? >> no, not yet. >> i'm just telling you first and foremost that's what it is. >> i'm going to show you on your screen a short clip of a video to see if this would be contained in what you watch, and i need to -- >> you would agree that that appears to be taken from one. officer's body cameras, may 25th, 2020 at approximately 20:2525.33 >> i why. >> and, again, watching it without sound. at this point did you see what appeared to be someone's -- a reflection in the back of the squad car there? >> counsellor, i did not. it might just be because of the brevity of the video. >> yeah, it's unfortunate. if you look in the upper left-hand corner at the bumper of the squad video. >> use the cursor -- the cursor, the stylus to. >> i forgot will all this fancy technology here.

based on your review of the body worn camera footage using officer keung footage as a point of reference, tell the jury at what point in time in your opinion does the restraint itself begin? >> based on my review of the body worn video the restraint started at 2019, 14 seconds. >> when does the restraint. and? >> i believe it was 2028, 43 seconds. >> what is the duration of that time. ? >> nine minutes and 29 seconds. >> in your opinion does defendants use of force during that time. need to be w reasonable within the entire time. ? >> yes. >> can you determine what forced the defendant applied to george floyd during the restraint. schleicher: yorty indicated exhibit 17 shows how the defendant was positioned on george floyd. i will ask you for additional detail in that regard based on your analysis. at this time i would like to display to the witness only, 254 for identification. this is appear to be a composite of five different photos from materials in this case? >> yes, sir. schleicher: at a high level explain what the different photos show starting upper left to the right and then dow

keung body worn camera. >> yes. nelson: he would agree at this point, based on everything we have seen in the same photograph on the left-hand side, it appears mr. chauvin knee is on mr. floyd's neck. >> yes. nelson: or the base of the neck. nelson: officer keung body worn camera it is more of the base of the neck in between the shoulder blades. >> yes. nelson: as you review some of the videos, mr. floyd was in the prone position is there a point at time he picks up his head and moves it. agreed. >> he attempted early two. he said he could not breathe. so he was trying to breathe better. nelson: but het, could lift up his head at some point and turn it. >> slightly. yes. nelson: i have no further questions, your honor. >>. schleicher: thank you, your honor. just to clarify a little bit. on the known risk that you testified to with respect to positional asphyxia. >> yes. schleicher: is the risk related to the pressure on the neck where the body? >> on the body any additional pressure on the body complicates breathing

>> when he joined officer keung and lane trying to put mr. floyd in the backseat of the patrol car. >> and in your view of that use of force, what what is your perspective on that? >> that mr. floyd's level of resistance was -- it was objectively reasonable for those officers to do the techniques that they were doing. i felt that that level of resistance exhibited by mr. floyd justified the officers in higher levels use of force that they chose not to select. >> and would that be if an officer chooses not to use a higher level of force, is that an element of de-escalation? >> objection, leading. >> rephrase. >> how does an officer's decision to use less force factor into an analysis of de-escalation techniques? >> so, you know, an officer sees an incident, feels it has the justification to use these tools to deal with the incident but just due to the personality or the personal make-up of the officer, they chose not to. they try to expire a lesser technique to see if it will work and then if it doesn't work, then they escalate. >> okay. now,

you can see officer chauvin andd officer keung and officer lane at his feet. you can see how the car has been rotated no it has been removed. so you can see how they are positioned at different points in terms with officer chauvin the left of the on the neck. the right knee on mr. floyd's arm and chest. then you can see here the officer lane holding his legs and officer keung with the knee on the torso. blackwell: this is a snapshot in time as you told us. did the officers positions change over time? >> yes the officers positions changed overn time also the position of mr. floyd changed himself in these becomere relevant in how we evaluate. blackwell: is it something you factored into your analysis? >> yes. blackwell: did you consider where mr. chauvin left knee was? >> yes. with officer chauvin is virtually on the neck for the vast majority of the time. blackwell: vastma majority. >> more than 90 percent of the time. there certain times iterta is difficult because you don't get a good view of where it is. for example i know that officer chauvin right knee is

the police crisis training coordinator keung, monday the jury heard bombshell testimony from the policeo recalling when he first saw that tough to watch video of chauvin on floyd. >> a community member had contacted me and said, chief, almost verbatim but said, chief, have you seen the video of your officer choking and killing that man? >> reporter: arradondo fired derek chauvin and the other officers involved the day after the incident. the chief testified chauvin pinning floyd to the ground with his knee defied department rules. >> it's not part of our training and it is certainly not part of our ethics or our values. >> reporter: the defense showing the chief pictures questioning whether chauvin's knee was on floyd's neck the entire time. in that cross-examination arradondo acknowledging that neck restraints and chokeholds were allowable at the time but later clarified. >> it is contrary to our training to indefinitely place your knee on a proposed, proned, handcuffed individual for an indefinite period of time. >> reporter: and testimony continues today. we expect the law enforcemen