MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 #15 - Chauvin Trial Day 12

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B: If the officers intent was to inflict pain…
S: Not the officers intent, sir. What you said is that it was unlikely to produce pain & that's why it wasn't a use a force. You now just said it could produce pain..Would you agree that what we're seeing here is a use of force?

Brodd responded that what is pictured "could be a use of force.”

https://twitter.com/anavilastra/status/1382050414422540290?s=21

S: Would you accept that the Minneapolis Police Department, generally defines force to include restraint?
B: It can.
S: Again, particularly if it's restraint that could result in some sort of injury or pain.
B: Yes.
 
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right to the point. This hold has risks right? Yep. since the late 80's this has been a known risk you are aware of? Yes. You are aware of and you teach officers ways to mitigate the risk of positional asphyxia? yes. What are some of those ways to mitigate the risk such as side recovery position can you describe that? yes (and describes turning victim on side and legs pulled up like fetal position)

Does it take a long time to do? No. And in you opinion this move alleviates some of that risk of positional asphyxiation. Yes.

[very liberally paraphrased by me because I am way too busy at work to rewind]
 
S: You indicated that one of the things that you look at is the severity of the crime…& something that would you agree, the label of the crime, whether it's a misdemeanor...or a felony isn't as important as the underlying conduct involved in the crime.
B: I agree.

S: Could you agree that in terms of, you know the range of criminal offenses, this would be at a fairly low level from the use of force perspective.
B: Yes, but again, as I mentioned earlier…
S: Well, what I was asking is if you could agree.

https://twitter.com/anavilastra/status/1382052146863083522?s=21
 
could you agree that in the terms of range of possible criminal offenses that passing a fake 20 dollar bill (felony), is on the less serious side than a than a DV assaults (misdemeanor). That things depend on the demeanor and actions of the suspect at the time.
 
my hands are in my pocket. Am I a threat?

Would you agree there is a difference between threat and risk? anyone could present a risk. Yes. Would you agree that threat would mean I showed some intention of causing you harm? yes. Would you agree that officers are authorized to use force in response to a threat but not a risk? Yes.
 
someone on drugs isn't necessarily a threat right? Yes depending on their behavior.

So someone being on drugs doesn't mean they are a threat to you. Like say for instance someone is passed out, they are not a threat right? State is bodying this expert MOO
 
this witness worked out great for the state ..they did not have to pay for his time and he made their points very nicely!!!

I always learn more on cross, on both sides, especially when it comes to 'opinion experts'.

It's up to the jurors to decide what they believe/don't believe.

I think it's interesting that even here at WS's, we have some that believe it was ok, some that don't, and some that are just not sure.
 
Thanks for all the comments to help me catch up folks.

Really wish there was another angle showing Nelson's face. What an expert cross this is. I almost feel like delivering this witness some milk and cookies for some comfort.
 
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