Transcript for The Death of George Floyd: Day 12 recap of Derek Chauvin's trial
From ABC news life. The test of George floor Jerry show opened on tribal. Good evening I'm Terry Moran today day twelve of the trial of Derek Shelton for the killing of George Floyd the defense began its case stake out several witnesses but the high. Highlighted today. An expert in the use of force by police officers very broad who spent 27 years as a cop in California. Told jurors did all of Derek children's actions kneeling on the neck of George Floyd more than nine minutes. Were reasonable lawful and consistent with his training. But then on cross examination. Bird bribes had something that seemed as stunned the courtroom that George Floyd who the world has seen crash down on that street. Was actually quote resting comfortably. Based on your views. Lucent and being on top of mr. Floyd. To this point any on this morning. The defendant did not. Level 4% he was using arms to flood duty done. You know mr. Floyd and I just point and become as you put compliance. There are more compliant yes. Bloom what part of this is not compliant. So I see his arm positions in the picture that's posted. Read you know compliant person would have both her hands in the smaller packages be resting comfortably. First it's like she's still moving around did you see resting comfortably. Or laying comfortably resting comfortably on the campaign. Guys at this point in time when he's attempting to breeze by shoving his shoulder into the pay. I was describing was designed to look perfectly compliant person would be. So attempting to freeze more restrained is being slightly non compliant. You can almost see the prosecutors usually issue with there with an. Edge. An edge of contempt even in his voice for what this witness was testifying to want to bring in our team of legal experts. Civil rights attorney and advocate Christen Gibbons Fenton and former prosecutor in New York for an out of through VM Nolan. The yeah you know I'm side I think that's spelled correctly but anywhere Bernard welcome back let me go to you first. And perhaps you can tell me how to pronounce your name correctly and also what you made of this particular witness a key witness. For the defense. On the use of force. Are you Barry broad what does it at eight failure boarded up and Sammy he fell apart joined the testimony to and a direct examination at times. Sort of cross examination. Is actually doing debris cross examination one thing that I would never forget ash. She is that Barry broad said that Joyce Lloyd was resting comfortably. And then he tried to back track and station know what compliant cards at what do you resting. Little wage if they were compliant underground. Does is that does lies on a taste of reality like are used they risk. To be just based on the to be disrespectful. But one thing I'm not sure people under the guidance cut a million because Barry broad argument that you. For expert that was used to trial in Chicago against at least all of the band died that shot acquire McDonnell and back. And and it should and sixteen times and killing. Well he is aid professional. Expert witness. We're not via loan now thank you for that and let me go now to Chris and given fed and on. On this witness and really the very difficult job he had to do and we were talking earlier about. The manner in which prosecutors they usually should decide today cross examine him very patiently. Gaining concessions as you said but then at the end there. And on re cross in particular we heard that edge come in do his voice. Gas and you listen not only something Dennehy was held him. But was still blame me soundly. But much much of the people watching this most importantly. Lately the jury I think you know when you're we did she have to be careful and Elaine would you choose. He used when your captain. Combined and that is not important when you weren't experts. Oh come. It is treason words believe him miles original ST. And it undermined him as an authority in the eyes of the jury a person just a bit. Amherst laying on the achievements. Trying to grieve their hands caught mine and they're back. On May end kneeling won their neck slashing. Two other men Glenda but on the back and ladies and com. Consider resist. Every snap backs and it doesn't prosecution for favorable testimony and that defense asked the begin using them. I hate it gave no question but let's take a look for a moment. At what very broad came to this courtroom to do here's a portion of his. A direct examination defense lawyer Eric Nelson getting out of this expert witness and putting before the jury that claim a which is the defense argument that what. Derek Shelton did that knee on the neck was lawful and reasonable and consistent with his training. So in terms of the initial uses of force. Officers' efforts. To get mr. Floyd into the car. You felt that they were object to clean reasoning. Let it do the use of force and continue after. Mr. Ford was restrained. I don't consider a call control as the use of force. Let's let's back up just a second. The removal. Horror. Mr. lawyers skidding out of the vehicle however that was. Didn't do does that constitute a use. The man handling more than three officers taken mr. Floyd at the car placing him on the ground yes that's he's forced. Was it justified or objectively reasonable in this particular case according to your opinion yes so when they brought mr. Floyd to the ground. Are you seeing you don't considered back to the use of force. When it was so you support ships. He wants mr. Floyd is on the ground in your opinion does there continue to be some level of resistance by mr. Yes how would you describe. Active resistance series. All struggling the F struggling against the efforts of the officers. In a song on one of the body Kim videos that mr. Floyd appeared to keep an officer Elaine. So that's the heart of the defense case here that that George Floyd was resisting arrest and that the officers were justified in using force but. Varnado real Mona it one of the other things that this expert said on direct examination and as you just told us an expert. Who has testified in other controversial. The police use of force cases is dead even it. After George Floyd was. Passes and even lifeless that didn't the on the neck was still justified by Derek Shelton and it did seems like that's a hard thing for jurors. To buy into. So the so called expert lost credibility when he said that it was billed justify or to shop answer. Niece built on a net of George Floyd. He was no longer resist they. George Tiller was little longer mold. George there was no longer speak H. I write the ad that expert mr. Brady lost he lost credibility if you lose credibility. There's no way that a jury is going to take what you're saying for its stroke he lost credibility and that being away he lost credibility and stole all expert. Everyone that is certified as an expert doesn't necessarily mean they are spread its fill the jury to determine. Whether they believe this occurs and whether the information that they're given is something that lie. And in this case I find that it is first and went up by the defection as not credible at all and his experience also nodded not. In addition to dash. His preparation for this Trout with battery or lacking there was still many documents all old video that he didn't look gash and it's clear that he did not greedy you didn't you everything in this case. Did exactly what the prosecution used against him and catching and that's small new. Part of this case that he did not review but yet it EB they aren't so called everything he saw. Then that's a great part because it didn't come out that he had not reviewed aspects of their children's training crucial issues. In this case for not a thank you and and Christen Gibbons from let me go to you on. Another issue that he tried his best to build a defense for Derek showed and that is this sense of threat that the defense has suggested. That the bystanders would soon defense calls the crowd there at 38 in Chicago. That they've constituted. Enough of a threat to Derek show that he was additionally justified in this use of force. And I thought that the cross examination of the prosecution really highlighted it. How incredible that argument is an you know again defense did not need to put on our remembrance and narrative that the quit line. Is what they utilized creed that reasonable doubt it was group really undermined. And yeah you know and they mentioned the big crowds that consistent and I knew Rollins. But even you know just threw out the process a cross examination of expert. Prosecution would really get out and show those pictures show all of those individuals. Who when you didn't really how that weren't that numerous. Children it. One was wearing a mug shirt and he was able to identify and describe him as juvenile as people immediately teen. He was clearly shelves are beautiful demonstrative on route. It demonstrative. That the problem was planning to complete it doesn't photo evidence to show that. These people these bystanders. Who is candy man secretly store on mr. Lee might even this officer to stop. He saw the theme that would meaningful and heard many many feet the weight army officers many many feet away not distract. Inch and even an I'm or cross. The passage usually see what to listen and act. That certain points. This expert is. Cool uncle expert deemed this problem these bystanders. Non threatening and I think that I was active. And the end it is hard case to defend no question about it. These these are the experts in the witnesses the defense has brought for those who have the jury makes and Chris and given spend. Granada be alone thank you very much as always. And when we come back coral have a live report from Minneapolis as that city braces for another night of protests after the shooting death. A daughter right we'll be right back. Welcome back we've been following the trial and did our children for the killing of George Floyd and now the shooting of another black man Donte' right at the hands of police officers shot dead. During a traffic stop on Sunday in a suburb of Minneapolis. An incident that has re traumatized than American city. Let's go back to ABC's Alex for Shea outside the courtroom in Minneapolis outs. What's the latest in that city tonight. Well they were. Bracing for another possible. Night of protests syndicate in non rats and and Terry EU you brought up of the dogs the dogs he writes tuition bull they held a press conference this afternoon just behind me here in the that the the part in front of the courthouse. The right family into the void family. Attorney Benjamin problems saying. That it was big time this know what we're blessing for the Floyd Seattle leads you to be here. Time and again and be able to cut out comfort that right PM link. High as you're experiencing a loss almost almost a year. Head apart from each other. But earlier we heard from Don T writes bonds got a sound bite at one of. Play this. It's easy when he it and Sierens. Let me and my. And they called. And hot he's picked that high US. Because she won the alone shouldn't shouldn't allow right. Are you. And jail again. My day went Delaney want to have. Yeah. Yeah. Yeah yeah all warm and we know it's Big Dig. Error. Some really really emotional but it's neat sure right Dante's on responding. To the news that former officer now Kim potter two during her resignation. She resign issued her letter of resignation earlier this morning. Jobs it's saying that she did. The family is seeking for more in just. Another instance is how interconnected. These stories started towards the waiting that in this the case I'm Don T write the attorney Earl gray. Who was potters attorney Scott also is the attorney for former officer Thomas lane who was charged in the death of George boy to stand trial. Later this year now I can tell you that heading in tonight we we reported yesterday. Dad sell one of the sports teams here the timberwolves a wild high in the twins have postponed their game wall of the timberwolves who have their game against the Brooklyn nets tonight. And they're going to be wearing the special shirts during warm ups it say liberty injustice for ball. By their shirts and they decided to to Wear in the wake of the police shooting Don T write. Also. We know that there's not going to be a state he she'd curfew. Hot for the metro area provides the governor did say that local municipalities would have the authority to in so. Breaking news that we just dad is that mayor frayed here in Minneapolis. Is saying that there will be a curfew beginning at 10 PM tonight. Harness Minneapolis. That city continues to struggle and braces. For the emotions that we'll come forward Alex for Shea in Minneapolis for us thanks very much. Well even watching ABC news lives complete gavel to gavel coverage of the trial dared show we'll have a complete wrap up of today's events on ABC news live prime with Lindsey Davis that's tonight. Right here at 7 PM and 9 PM eastern time Terry Moran. Thanks for joining us have a good evening. This has been a special report from babies. Slush.
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