nelson: thank you doctor. i have no further questions. >> as a point of clarification you been asked a couple rounds of questions about the drugs found in squad 320. to be clear we are talking about one pill. >> i thought it was one or two. blackwell: one partially dissolved pill. correct? >> i thought it was too. i stand corrected. blackwell: in the back of squad 320. you did not see any footage of mr. floyd spitting a pill out? >> no i did not. blackwell: you ask questions about the measurements of the eelv. you arrived at the conclusion with mr. nelson there could have been theoretical measurements made. did you make any theoretical measurements of eelv as part of your analysis in this case? >> no i did not. blackwell: then nine minutes 29 seconds of mr. floyd's life. if we focus just on the period of time where mr. floyd is on the ground, subdue and restraint and that compression , can you tell us if it is your opinion as to whether or not mr. chauvin actions played any role in the death of mr. floyd durin

nelson: i will rephrase. the frequency with which you have to use higher levels of force as an investigator doesn't happen all that often. >> correct. nelson: your experience generally involving the use of force is primarily annual defensive tactic training. >> yes. nelson: that is one of the requirements you need to complete to maintain your license as a police officer. >> yes. nelson: i'm presuming since 1985 through present-day , tactics have changed as a police officer. >> some tactics have changed, yes. nelson: it's fair to say you are not a trainer in the minneapolis police academy relevant to the use of force. >> correct you do not teach other police officers defensive tactics. >> no i do not. nelson: you would agree roughly ten years ago minneapolis police department moved away from trying to hit people to control them to use body weight to control people. >> i don't think i would agree with that. nelson: within the arsenal of police officer, it is as common to punch or strike someone in the use of fo

nelson. nelson: summarize the final opinions you have made. i felt officer chauvin interactions with mr. floyd were following his training. following current practices in policing and objectively reasonable. nelson: i have no further questions. [sidebar]

nelson. nelson: i would show this to the witness. can you see that? >> not yet. nelson: in the bottom corner do you see a photograph of an individual demonstrating how to handcuff a person? the knee is across the of the individual. >> it is foundation from the toes to the knees is across the back of the neck. nelson: that's only talk about prone handcuffing that demonstrates the placement of the knee as it applies to prone handcuffing. if circumstances dictated then he has to hold that same position. >> we caution officers to be mindful of the neck area and go for the shoulder. nelson: take this down. i will show you what is introduced as exhibit 56. can you see that? the paramount on - - the paramedic is checking the carotid. mr. floyd. in yourte experience would you be able to touch the carotid artery if then he was placed on the carotid artery? >> no sir. nelson: i'm showing you marked for identification purposes exhibit 1045. generally take a look at that. in terms of do you recognize thi

nelson. nelson: with your use of force analysis is not a dangerous environment. >> without making jokes about my kids, no. not in a dangerous situation. nelson: you have the luxury of slow motion, enhancement, looking at things from multiple perspectives. >> objection. >> overruled. >> for the portion of the inquiry where i am identifying the underlying facts, yes come i can slow down and freeze-frame. as you take the facts and circumstances to identify what a reasonable officer a reasonable officer on the scene does not have those capabilities. nelson: you also describe repeatedly to be mr. chauvin me on the neck of mr. floyd and described that is deadly force. >> yes. nelson: you are trained in prone handcuffing and control yourself. >> yes. nelson: it with an officers training as you described in the article the knee should be in the back between the trapezius muscles. >> trapezius lat, yes. nelson: that is not consider the use of deadly force. agreed? >> yes. if we are not turning that in

nelson: how did that apply in this case? >> [inaudible] nelson: you loaded mr. floyd into the ambulance, correct? >> yes. nelson: one of the four minneapolis police officers that you observed at the scene got to the ambulance with you, correct? >> yes. nelson: one of the same you observed on mr. floyd. correct? >> i wasn't keeping track of who was who at that point. i believe he was near mr. floyd. nelson: so what you looked at that appeared from the body worn camera. there is no camera in the care compartment of the hennepin county ems ambulance. >> now. nelson: you do not wear body cameras is paramedic. >> no. nelson: those photographs came from an officers body worn camera. >> yes. nelson: that officer initially was assisting with chest compressions with mr. floyd? >> yes. i was not an back with that would have happened. nelson: your partner was. he would be the person to ask about that. >> yes. i was there for brief. then went to the front. nelson: you saw the body worn camera footage from inside of the ambulance? >> yes. i saw a good amount of it i don't kn

nelson. this is a recent study or case report that came out of poland where a taxi driver committed suicide by taking his vehicle, parking it in an open space, taking one of the mats out of the vehicle, putting it on the back, laid on the mat and inhaled the exhaust. he ended up with a high level of carbon monoxide. that was in the 80s. certainly sufficient to the exclusive cause of death in that particular case. the interesting thing about that particular study is it provided no new information of carbon dioxide is dangerous or comes out of exhaust. you can do this because it replicated what was done 20 to 30 years before, but what it's done in that particular case was the authorities tested the amount of carbon monoxide coming out of the exhaust so they did a reenactment and took carbon monoxide and put them at approximately the place with a man's nose and mouth and they monitored the carbon monoxide coming out of this vehicle. so, the principal that you contested and make a determination e

nelson: would it refresh your recollection. >> yes. nelson: may approach the witness? >> thank you at 1334. first recorded vital signs. nelson: that refreshes your recollection? >>>> yes. >> a time we need to refresh your memory with that let us know. nelson: at approximately 1334 that is 1:34 p.m. you took is vital. >> correct. nelson: that would include blood pressure. >> yes. nelson: did you record what his blood pressure was at that time? >> 216 over 116. nelson: did you make recommendations to transport mr. floyd to the hospital? >> based on that and others. nelson: ultimately was you back to the hospital? >> eventually. nelson: that is all i have, your honor. >> good morning. you provided treatment to george floyd may six, 2019. >> correct you are concerned about his blood pressure at that time correct. >> one of the things. eldridge: in the course of your treatment of him, he explained his high blood pressure was not something new. >> initially he denied medical issues but then i discovered his blood pressure. i specifically asked again. he said yes had a histor

nelson: up to one minute?n my experience if the heart has completely stopped, i would not expect it to continue up to a minute but may be several seconds. nelson: no further questions, your honor. >> mr. rich you are asked several questions that had to do with the premise of the blockage of mr. floyd's artery. is blockage a proper medical term to describe the narrowing and mr. floyd's arteries? >> when we try to use the terminology that is not medical to explain, the term blockage, i tend to use when the blood vessel is completely blocked. there is a blockage. if i have a patient like mr. floyd who has coronary artery disease. i usually use the term narrowing. the blood is still getting through. it may be getting through just fine. there is no level of narrowing. even a totally blocked artery developed over time, the territory of blood that blood vessel was supposed to supply can still be getting enough blood because of the collateral vessels that developed. with mr. floyd i use the term narrowing. blackwell:

nelson: you testified in cases before? >> yes. nelson: state and federal, civil and criminal. can you estimate how many times you testified in cases over the course of your career? >> over 30 some years hundreds and hundreds and hundreds of times. nelson: have you published any articles or peer-reviewed journal? >> there are presentations publications closing in at 100. nelson: at the office of the chief medical examiner do you review every homicide? >> that was the policy the chief would review all homicides, all pediatric cases under the age ofr two years. and any case that medical examiner could not determine the cause of death. nelson: how many homicides did you review? >> each year would be between five and 600. and then the other cases added onto that an additional load. nelson: in this case he was associated with an organization called the forensics panel? >> can you describe whatt the forensics panel is? >> it is a national organization that evaluates. it looks at cases in their evaluations on cases in the forensic medical sciences and behavioral sciences. forensic sci

nelson: i will rephrase. the frequency with which you have to use higher levels of force as an investigator doesn't happen all that often. >> correct. nelson: your experience generally involving the use of force is primarily annual defensive tactic training. >> yes. nelson: that is one of the requirements you need to complete to maintain your license as a police officer. >> yes. nelson: i'm presuming since 1985 through present-day , tactics have changed as a police officer. >> some tactics have changed, yes. nelson: it's fair to say you are not a trainer in the minneapolis police academy relevant to the use of force. >> correct you do not teach other police officers defensive tactics. >> no i do not. nelson: you would agree roughly ten years ago minneapolis police department moved away from trying to hit people to control them to use body weight to control people. >> i don't think i would agree with that. nelson: within the arsenal of police officer, it is as common to punch or strike someone in the use of fo

nelson: sorry. i did not want to do that. 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 pa

lets you get into a half nelson and you feel the half nelson. you are in it, and you are flowing off your back and getting into a position where you can stand up. flow is where my partner is letting me get in a double, and i float into my defensive position. >> so using your body weight against the weight of the other person. learning how to get in and out of moves, right? >> flowing. >> flowing. that's something you learned at a young age in the sport of wrestling. >> correct. >> you testified that you wrestle through high school and into college for a couple of years as well, correct? >> correct. >> you would agree it's a sport? >> >> without a doubt. >> are our rules, points, referees, so there is a sport to wrestling, correct? >> correct. >> and as a wrestler, it's a lifestyle, but maybe to a casual observer, it is just a sport. correct? >> correct. >> you are learning how to keep your center of gravity lower and grapple with people, correct? >> correct. you testified that after you got out of college or finished your career in college, you

nelson: that's how you train minneapolis police cadets. >> correct. nelson: as fart. as veteran officers they may not see this particular training material. >> they would not. nelson: is excited delirium they discussed in-service training generally? >> it has been in the past. nelson: with use of force? or other areas of training? >> correct. nelson: i have no further questions. >> officer mckenzie i have a few follow-up questions. the basic training excited delirium look at what things they look for what they can do one of the things they are told to do is to put them in the side recovery position. >> correct to help facilitate breathing because excited delirium with that exist could compromise proper breathing. >> absolutely officers in the academy and veteran officers are trained on cpr. >> yes. >> they are also trained to have an obligation if someone becomes pulseless or unresponsive to initiate measures such as cpr. >>r? yes, sir. frank: that is veteran officers as well. >> correct. that is our policy. frank: cadets like officer lane received cpr training. >> ye

nelson: the right? >> no. nelson: so from that perspective, does it appear to be consistent with a reasonable officers use of the prone restraint technique? >> yes. nelson: is that the problem with snippets? >> they don't show the full picture. nelson: would you agree. you tell me. if a group of people is compliant and passive at one moment does that mean they will be at the next? >> no. nelson: does abe reasonable officer prepared to expect a change in a crowd. >> that is situational awareness. nelson: if one perceived threat or risk emerges while dealing with another, how is a reasonable officer trained to determine which risk or threat they should be dealing with? >> the officer is trained to deal with what they perceive to be the highest risk. nelson: if a reasonable officer has reason to believe a person is passed out. if they come to could they be more violent? >> they could. nelson: has that happened to you? >> he it has. nelson: is that something a reasonable officer would take into consideration in as

nelson: how did that apply in this case? >> [inaudible] nelson: you loaded mr. floyd into the ambulance, correct? >> yes. nelson: one of the four minneapolis police officers that you observed at the scene got to the ambulance with you, correct? >> yes. nelson: one of the same you observed on mr. floyd. correct? >> i wasn't keeping track of who was who at that point. i believe he was near mr. floyd. nelson: so what you looked at that appeared from the body worn camera. there is no camera in the care compartment of the hennepin county ems ambulance. >> now. nelson: you do not wear body cameras is paramedic. >> no. nelson: those photographs came from an officers body worn camera. >> yes. nelson: that officer initially was assisting with chest compressions with mr. floyd? >> yes. i was not an back with that would have happened. nelson: your partner was. he would be the person to ask about that. >> yes. i was there for brief. then went to the front. nelson: you saw the body worn camera footage from inside of the ambulance? >> yes. i saw a good amount of it i don't kn

nelson?udible] my best guess april 6. >> so tuesday. >> this would have been the same day as [inaudible] >> let's take our break and nail this down specifically. there's a lot of moving parts. i think we can just acknowledge without showing it again that you received an earlier version but it's been updated. >> and that's fine, your honor. part of the problem we are experiencing here, i'm getting these things, many of these items in pdf format. some of them i'm getting electronically. there are so many people involved here. i'm getting things in different formats. may i have a second to speak with ms. moss? >> nobody should be criticized. let's just tell the jury this is the latest one and this is what it is. >> i'm happy to provide an extra copy and republish the slides that were presented but i want to make sure we are not showing the jury inaccurate information. >> it is my fault because apparently we received it on april 6 but i assumed it was a second copy of the same thing. >> we will t

nelson: i believe i run them from the thumb drive. nelson: i was not able to do that.laughter] so i would suggest copying if it's easier to run the milestone on your desktop. i would know your honor, i don't of the state is intending to object on foundational purposes but it is the defendants intent to call the minneapolis park police officer his body worn camera for officer changes their foundational objections i would appreciate knowing that and amy went to do that if there are. >> we can review that on foundational grounds but we can review that. >> this is for your case. >> it is for experts with both respect to use of force consideration as well as medical issues. >> when would you like to argue this? tomorrow morning? >> can we do it friday morning? >> 9:00 o'clock a.m. >> it on think it would take longer than that. anything else for the record before we adjourned? >> let me offer the thumb drive for consideration. >> that is court exhibit for camera - - camera review for proof to admit. >> just for the record this was initially opposed as an objection to our exh

nelson: the refresher type course odel, right? >> yes. >> and the critical decision making model is not limited to or focused on simply the suspect, correct? >> [inaudible] >> [inaudible] >> i'm sorry? >> -- answering the objection is overruled, so you can answer. >> okay. could you repeat that, sir? >> sure. i need to remember my question. [laughter] the critical decision making policy that you train veteran officers on would be inclusive of people other than just the suspect, is that correct? >> there is no policy on the critical decision making model, only on the crisis policy. >> the critical decision >> yes. nelson: do you discuss with officers the policy of crisis intervention? >> you discuss with officers the signs to look for in terms of suspects and individuals you are observing? >> especially the suspects. nelson: you would agree that has the critical decision-making model. it is not limited to were focused on the subject. l,>> objection is overruled >> correct. >> what to do when a citizen bystander starts filming you.

senator nelson good to see you again. nasa and the contractors that it works with those established by congress and carried out by the administration. in your opinion how important is it for nasa and the contractors to have continuity such as the artemis program and the space launched system quick. >> it's very important. as i have tried to articulate. space is hard and it takes a long time to develop these technologies. this is cutting-edge stuff. i didn't just start yesterday but years ago. senator kay bailey hutchinson indicated how it started with the legislation back in 2010. it is very important to keep the continuity going year-to-year. extremely important. >> good to see you again. >> at the department of commerce ids cybersecurity that you believe are the top challenges facing the department? in the wake of cybersecurity breaches describe what you see as the most significant hurdle for the commerce department. >> senator, protecting our networks is vital to economic and national security. with the cybersecurity n

nelson: and that can change. >> yes. nelson: that information they take in may e change or modify the behaviore and response to the situation. >> yes . . . . for ems. >> not familiar with that. >> okay. so, if you are involved in a use of force situation, and an officer callsca for medics -- strike that. an officer decides to use the maximum restraint, but medical emergency arises and they call for ems, would that be consistent for the critical decision making policy to say i'm not going to hobble i this person because i know ems is on the way? >> objection, your honor [inaudible] [sidebar] [sidebar] >> i will rephrase, thank you. an officer was engaged in a struggle and decided to use the maximal restraint technique, but then the suspect had a medical emergency. would it be common for the officer to decide i'm not going to use the maximum restraint technique at this point, i'm going to hold the suspect unplaced until ems gets here? >> [inaudible] >> overruled. >> [inaudible] the suspect has a medicalnd emergency and the

senator nelson good to see you again.e contractors that it works with those established by congress and carried out by the administration. in your opinion how important is it for nasa and the contractors to have continuity such as the artemis program and the space launched system quick. >> it's very important. as i have tried to articulate. space is hard and it takes a long time to develop these technologies. this is cutting-edge stuff. i didn't just start yesterday but years ago. senator kay bailey hutchinson indicated how it started with the legislation back in 2010. it is very important to keep the continuity going year-to-year. extremely important. >> good to see you again. >> at the department of commerce ids cybersecurity that you believe are the top challenges facing the department? in the wake of cybersecurity breaches describe what you see as the most significant hurdle for the commerce department. >> senator, protecting our networks is vital to economic and national security. with the cybersecurity network has i

we'll start with you senator nelson. welcome to the committee, and glad you're here to assume, hopefully, this role and responsibility. >> thank you, madame chairman. if i may submit my testimony in writing for the record and if i may, madame chair just address the committee directly. >> yes. >> first of all, i want to thank my family, my spouse of going on 50 years, grace, our nan ellen and joining us from orlando our son, bill jr. i want to thank the co-panelists here and congratulations to you and everything that the two of you, ms. khan, ms. kiernan, that you have already accomplished. it's very impressive. thanks to my former colleagues. there's a catch in my throat when i think about the wonderful times that i have had with you all. and the friendships that have been bred over the 18 years that i was privileged to serve here. and so, your comments are just so gratefully received. but now we have a big task ahead of us. and if you all decide that you're going to confirm me, i look forward to this with gusto. and wit

eric nelson was the one thing standing between the jury and lunch. i don't mean to be glib but this is an important issuer at the trial. also we heard nelson mischaracterize the facts and the law in this case. so he was arguing that the state must convince the jurors that other factors played no role in (indiscernible). to be clear, other factors can play a role. chauvin's conduct need only be . chauvin's conduct does not need to be the singular cause of george floyd's death. >> you know. go ahead. sorry. i was going to say, alexis, i was surprised by how often eric nelson went back to video footage of george floyd's death to make his case, when all of that footage seems to be the star witness, really, of the prosecution. did that strike you as well? >> it did. what we saw nelson do was focus not as much on the nine minutes and 29 seconds that is the heart of the state's case, but rather the 16 minute before chauvin locked his knee into george floyd's neck, and, so, we're seeing the same moment from multiple angles, multiple body-worn camera perspect

nelson: you can take that down. again, looking at still photographs, what we miss is the dynamics of what is happening. >> yes. nelson: weight can be shifting from side to side at times. >> yes. nelson: if an officer is generally speaking on his toes, the majority of the wheat on -ig - of the weight is on o the feet. so if the left leg, the foot is off to the side or he has less weight on that side of his body because the foot is off to the side. >> yes. nelson: on the right foot the toes arewo tucked under that would be consistent havingg the majority of the weight on the right side. >> yes. nelson: with uses of force that youce have reviewed. often times this use of force leaves an injury on a suspect. >> yes if the weight of a human being was o placed in a particular area, based on your training and experience after reviewing police use of force, you would expect there to be injury with the majority of the weight exist. >> objection.. >> overruled. >> not necessarily. now. nelson: obviously medical doctors could

nelson's statement. we're waiting for the jury to come back in where i think what happens next is that the rebuttal from the prosecution takes place and then we get the judge's -- let's listen to the judge. >> to argue their client's cause. however, the arguments or the remarks from an attorney are not evidence. if the attorneys or i have made or should make any statement as to what the evidence is that differs from your recollection of the evidence, you should disregard that statement and rely solely on your own memory. if an attorney's argument contains any statement of the law that differs from the law i give you, disregard the attorney's statement. mr. blackwell? >> thank you, your honor. good afternoon, ladies and gentlemen. last lawyer i think talking to you was closing. i won't be too long. i want to start talking to you about when i called the 46th witness. you have heard from 45 witnesses on the stand. but there's a 46th witness. this witness was testifying to you before you got here to the cour

nelson. with regard to the state rebuttal it is my understanding that the state will call a rebuttal witness, is that correct? >> yes, sir. >> whoever will speak to this if we can outline the topics and if you want to do a dress formally the decision regarding this newly discovered evidence. >> sure. >> good morning, your honor. >> i was told in chambers there was some newly discovered evidence that the state wish to present an rebuttal regarding the carbon monoxide testing. could you tell me what that was? >> yes, your honor. we have blood test evidence from head of accounting that would have would contain blood gas readings for the carbon monoxide evidence and on may 25 of 2020. >> one wasn't discovered? how was it discovered? why was it not disclose earlier? >> it was discovered yesterday by doctor baker and what have precipitated it, your honor, was a piece of new evidence in the disclosure they came from the stand during the testimony and i want to show you, your honor, exactly what it w

detective bernie detective nelson investigated bernie hundreds of murders nelson had investigated hundreds of murders. and had learned to and learn keep the recurring images of death at arms length. but this case was different. he was the father to a teenager around karissa lofton age. >> ma'am i've been shot. me and my mother have been shot. i'm bleeding to death. >> that poor little girl in her bedroom. she has the gumption to get on the phone and call you. >> it hurts to listen to the 9-1-1 call because you can feel and hear the fear the fear in her voice. >> even though nothing was taken it seemed clear the killer broke into the house. in fact the burglar alarm had gone off, but it was disabled in under one minute. and that put karen's thing kion loft and at the top of police is persons of interest. list he lived in the house. he knew the code. police brought him in for questioning. >> does your mom set the alarm for the? house all the time? >> one of the detectives plainly said, everybody in that room things it's you, you're the only one that had access to the code. >> would you have

nelson.regard to the state's rebuttal, it is my understanding that the state is going to call a rebuttal witness. is that correct? >> yes. >> okay. whoever is going to speak to this, if we can kind of outline the topics and if you wanted to address formally the decision regarding this newly-discovered evidence? [ inaudible ] >> sure. >>. >> there is a pause in the proceedings in the courtroom here. i want to bring back in, just for a quick moment, jack broouser, our nbc reporter and a legal analyst. david, significant, significant news there. there had been an open question hanging over the two weeks of this trial as to whether or not derek chauvin would testify. outside, legal experts suggested it might be best for the defense if he did not. what you shared is an exchange and there was a difference of opinion, they hashed it out over the course of many conversations, ultimately, chauvin has decided not to testify, to invoke his fifth amendment rights. david, your reaction. >> you hit the nai

nelson, any response? >> excuse me. >> mr. chauvin thought he was following his training. >> what was the context that i said that in? >> well, it was -- in your use of force discussion. you were talking about a reasonable officer following his training, you indicated that mr. chauvin thought he was following his training. >> i don't recall saying it, your honor. i mean -- >> even if you did, it was drowned out by a reasonable overs. i think it's reasonable inference. even the statement to mr. mcmillan was essentially in the indirect way of saying he was following his training. it's reasonable inference for current counsel to argue from the evidence and to respond to that specifically by saying there's no evidence would in fact be commenting on his right to remain silent, a bind the state always in, but as far as the other issues, can you talk about requoting what the elements are on assault in the third degree and also anything else that you think was a misstatement of law. i will read them -- the statements of judge's and at

nelson. respectively. joining me now is nbc news correspondent, shaquille brewster. he is live in minneapolis for us. former assistant attorney and director of reshaping prosecution at the very institute jamie hodge. she advised on matters in the obama administration. also, nbc legal analyst, paul butler. and kristen gibbons. shaq, let me just begin with you, really quickly, on the ground. because it seemed like the -- the -- the defense-closing argument there. suddenly, broke in order for the judge to take this to lunch. do we understand if the defense has finished their closing arguments? or will they resume, after this lunch break? >> it certainly doesn't seem like they finished, yet, he was right in the middle of that argument, getting on the causation aspect. talking about the drugs in george floyd's system. the part that is key to their overall case. and you saw what was described to me as pretty unusual. the judge interrupting those closing arguments to essentially let the jury have a

nelson.if you could use this wireless mic and you can remain seated. mr. nelson, make sure you're close to the microphone. mr. chauvin, you and i have had several discussions over the course of my representation of you relevant to your right to testify or to choose to remain silent, correct? >> that's correct. >> and during the course of our representation it is fair to say that you and i had this conversation multiple times, correct keep. >> correct. >> you understand that you have the fifth amendment privilege to remain silent, do you understand that? >> yes. >> you understand that if you choose to exercise that right to remain silent neither the state nor the court can comment on your silence as a sign or indication of guilt. >> they can't say he did not get up and defend himself to be quite your silence with guilt, do you understand that? >> yes. >> now, you also understand that you can waive that right and testify, do you understand that? >> yes, i do. >> you understand that if you did i

nelson is talking about. the one exception is his observation sitting in the passenger seat of the car is how mr. floyd appeared. that he was falling asleep and happened suddenly. very narrow. the reason i say that is we have a parallel testimony from a clerk in the store who said mr. floyd appeared good nature, seem to be having a good day but he appeared to be high. i don't think i would allow counsel to ask that. because that could form an opinion for a basis he knew why he was under the influence. but it seems mr. hall's description of the store clerk will not incriminate him if there is no questioning about how he felt safer why he thinks he felll asleep of there were drugs in the car if he knew they were drugs in the car or if he had position if we totally avoid drugs and mr. hall say i was a passenger in the car which is already clear. there is video and evidence. now he is in the passenger seat. and is removed by the police.d beyond that, it was established he was established asam the passenger, what

mr nelson, your response. mr chauvin - on the record. mr nelson, your response.e was following — response. mr chauvin thought that he was following his _ response. mr chauvin thought that he was following his training. _ response. mr chauvin thought that he was following his training. what - response. mr chauvin thought that he was following his training. what was i was following his training. what was the context to _ was following his training. what was the context to that _ was following his training. what was the context to that end? _ was following his training. what was the context to that end? well - was following his training. what was the context to that end? well is - was following his training. what was the context to that end? well is the | the context to that end? well is the use of force — the context to that end? well is the use of force discussion _ the context to that end? well is the use of force discussion when - the context to that end? well is the use of force discussion when you're | use of force discussion when you're talking _ use of force

nelson? >> your honor, no. >> all right. mr. nelson. >> thank you, judge. the record in terms of rebuttals a couple of things that we would like to address. first is this new information that was just received and i would, for the record, indicate that i received these test results from 750 he this morning and as i understand it doctor fowler is on an airplane and is having difficulty reaching him at this particular moment. i've spoken with other people from the forensic panel and they are looking into these things and nevertheless, your honor, the point of this is that this issue was specifically raised as the coit court points out back on vibrate 22 some 20 some odd days or 40 some or 60 days and i don't even know how long it's been on the little time deprived at this point but the point being is that they've had more than sufficient notice and doctor fowler is opining that this could have played a role in his report and he said and suggests that for completeness it should have been tested or should be tested in the state retained and continues to retain

nelson is referring to. i just don't think that we can muddy the record with vague allegations as to things that happened without very specific evidence offered before the court. as a practical matter, through the jury selection process, the court has provided instructions, as determined whether there are outside influences. the law presumes that the jury follows the judge's instructions, and the court has instructed the jury today that they are not to let any outside influences or public opinions sway their deliberation. the law presumes that they will be capable of doing that. without any sort of specific offer of proof or information for the record, without any specific evidence that this particular jury was influenced in any particular way, i believe the defendant's motion should be denied. >> i make my comments in the context of, this is all such an evolving situation. obviously i spend my weekend preparing for closing remarks, and i certainly can supplement the record with news articles, with the story

are also glad to have our colleague senator marco rubio to provide another introduction for senator nelson. since the two of them represented the state of florida together in the senate for several years. it's good to have my friend, the former commerce secretary joining us virtually to introduce ms. kiernan. my constituents and i care deeply about making sure nasa has strong and capable leadership. as you know, the space center is home in my state of mississippi. we have experience in setting bills and policy priorities for nasa, beginning with the tenure as the chairman of the space subcommittee of the house, science, space and technology committee, the post he held for six years. during that time on the 24th flight of the space shuttle the experiments and in other words orbit senator nelson served as both the chair and ranking member of the committee space

nelson said there is a small narrow topic that might b permissible. , i'm going to ask mr. nelson in the written question form with the expected answer based on the statements that were made on what that would be, that way mrs and talk about would he be willing to answer those then we can have another hearing outside of the hearing of based on my review of the examination believe the proper indication on a question by question basis and is not a proper indication as mr. hall willing to answer despite is he not going to he's subject to content but i think we get too far ahead, let's say whether the questions were going to ask, let's walk throughgh the jury whether or not i would allow it and that is notha incriminating and based on that mr. hall canan be with his lawyers, i'm talking by thursday and would like that list. that they can do any indication of cross, the same thing. i'm guessing what you would want to cross mr. hall on with his credibility on that it's pretty much up to you and why did the net something might clearly get into the nominations but and if mr. nelson

nelson argued before the jury. and so we're requesting that court give curative instruction to the jury as follows. that it is not necessary for the ivstate to prove the defendant intended to act unlawfully. only that the defendant intentionally applied force to another that this application of it force was unlawful and plirks of force resulted in bodily harm i believe that's in correct statement of the law. >> which is contrary to what the court instructed in first set of instructions. honor, i believe the courts instruction was that intentional infliction of bodily harm requires that proof intentionally applied unlawful force to another person without thato person's consent that exat resultce is in bodily harm he dd not instructt that defendant ned to intend that his force be unlawful merely that he intended to apply the force which was unlawful. >> either request for curative instructions will reread before the beginning of rebuttal. statements of judge and attorneys, would start at the bottom of page two goes o

so eric nelson getting his notes together in this courtroom.nd watch. >> we'll go off of notes instead of the power point. before the break, we talked about the controlled substances and the role that they were -- the levels that they were found in, the role that they may have applied or contributed to mr. floyd's death. and i was suggesting to you that it is, again -- this needs to be looked at. the death needs to be looked at as dr. baker describes a multifactorial process. this is the way the human body works. the heartbeats, the lung breathes, the blood circulates, the brain thinks, the brain controls all of our movements, right? all of this. and to simply come in and say this particular substance or these combinations of substances, when taken in combination with each other, when taken in combination with a person who has blockage in the heart, substantial significant blockage in the heart, when we know that these drugs play a particular role in the -- in how the blood circulates, to just poo-poo it and say it has nothing to do with anythi

that was eric nelson the defense attorney that just finished his closing statement for the defense very much emphasizing the fact that he believes and was trying to convince the jury of the fact that there is reasonable doubt that there were other factors beyond their george floyd's knecht that caused george floyd's death let's remind you now of the 3 charges that derek chauvin the former police officer faces now the 1st is unintentional 2nd degree murder with a penalty of up to 40 years in prison prosecutors had to prove that his conduct was a substantial causal factor in george ford's death and that there was committing felony assault at the time sure but is also facing a 3rd degree murder charge meaning that his actions calls floyd steff with recklessness and the disregard for human life there's also 2nd degree manslaughter which requires proof the shore of and cause the floyd's death through negligence and the jury is a diverse mix of 15 people 9 who are white 4 black and 2 of mixed race 3 other former officers have been charged over floyd's death j. alexander cain thomas lane and t

nelson? >> no, your honor. >> it is formally received. >> your honor, we had exhibits 922 through 951, slides that were used during dr. tobin's testimony. we just want to be clear that the record reflects we're agreeing those should be considered only as demonstrative exhibits and should not then go back to the jury as substantive exhibits. >> agree, mr. nelson? >> agreed. >> it did appear they were demonstrative at the time even though it wasn't specifically stated. so we'll change those to demonstrative only. it will not go back to the testimony. >> during dr. smock's testimony there was demonstrative about the signs of excited delirium that may have been referenced at 941. it was actually 921. 941, obviously, falls within the exhibits we just talked about as demonstrative. so that we believe should be marked as 921. we understand that that's demonstrative anyway and would not go back to the jury. >> correct. >> i am not doubting mr. frank, but -- >> one more time, mr. frank, 941 should be

nelson began his closing arguments. getting a reaction to this closing arguments and asking you do think derek chauvin is guilty, not guilty, unsure? phone lines for each of those thoughts as we hear from james on the line for those who think he's guilty. spring valley, new york, good morning. >> caller: good morning. >> host: go ahead. >> caller: yes. i have digitally i feel like feel like he's guilty. i mean, i'm going to believe what i saw. i don't know that much about court but when i heard the defense attorney tried to put in a little doubt, that sounds like it should be illegal to make up stuff. i mean, like i said, the little i know about court, , i got it from tv. i thought the prosecution did an excellent, excellent job. >> host: how much of the case did you end up watching, james? >> caller: i watched the whole thing. i watched the whole thing and then i listened to the so-called experts in the evening. i tend to agree with what heard a few of them safe. if the jury don't come back today, you know, today, that