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

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Factoria said:
ICYMI: A short clip from Exhibit 43 (I believe this is Keung's BWC footage) is shown to Defense 'expert witness', Barry Brodd. Shows GF lying prone, handcuffed, and restrained by 3 officers.

Schleicher: What is Mr. Floyd doing in that clip?
Brodd: He's becoming more compliant.
S: Well, is there any non-compliance you were able to see in that clip?
B: In this clip, no.
S: And, so, he's not exhibiting any non-compliance, and, based on your testimony, and your review and the plain video record in front of you, you see that the Defendant has NOT changed his position. Correct?
B: Correct.
S: He's still applying the same level of force that he did at the beginning of the restraint period. True?
B: That, I can't say.
S: He's still kneeling on Mr. Floyd. Correct?
B: Yes.
S: And, you're not contending that this was some sort of an 'accidental' position, right? He didn't fall down onto Mr. Floyd... He was purposefully kneeling on him.
B: Yes.
S: So, based on your view of the Defendant being on top of Mr. Floyd, up to this point ~ and beyond this point, the Defendant did not alter the level of force that he was using on Mr. Floyd, did he?
B: No
S: Even though Mr. Floyd, by this point, had become, as you put it, compliant. Fair?
B: More compliant, yes.
S: Well, what part of this is non-compliant?
B: So, I see his arm in a bent position in the picture that's posted.
S: ... Right....
B: And, you know, a compliant person would have both their hands in the small of their back, and just be resting comfortably... versus, like he's still moving around.
S: Did you say 'resting comfortably'?!?!?!!?!?!?!?!!?!?!?!?!?!!?!?
B: Or laying comfortably...
S: 'Resting comfortably'.... on the pavement?!?
B: Yes.
S: And at this point in time, when he's attempting to breathe, by shoving his shoulder into the pavement...
B: I was describing what signs of a perfectly compliant person would be.
S: So, attempting to breathe, while restrained, is being slightly non-compliant?!?
B: ....... no...
S: No.
Click to expand...

Ah thanks I'm pleased you transcribed this because at the time I thought the witness said GF was resting comfortably! :oops:
 
@deenafaywinter:
From pool reporter: "There is a new person in Chauvin's seat, another different woman of Asian descent. She's wearing a white shirt, grey blazer, black pants and plastic framed black glasses. She is not the woman from yesterday. She *could* be Chauvin's wife."


@shawnarchen:

Press pool from Chauvin trial:
@latams
tries to speak with the person in Floyd's family seat during recess. Deputy comes out, looms over her and yells: "If you speak to anyone ever again in the courtroom you will be removed from the courtroom and media center per Judge Cahill."

[URL='https://twitter.com/latams']Tami Abdollah[URL='https://twitter.com/latams']@latams:
[/URL][/URL]
I was pretty shocked.
 
sds71 said:
@deenafaywinter:
From pool reporter: "There is a new person in Chauvin's seat, another different woman of Asian descent. She's wearing a white shirt, grey blazer, black pants and plastic framed black glasses. She is not the woman from yesterday. She *could* be Chauvin's wife."


@shawnarchen:

Press pool from Chauvin trial:
@latams
tries to speak with the person in Floyd's family seat during recess. Deputy comes out, looms over her and yells: "If you speak to anyone ever again in the courtroom you will be removed from the courtroom and media center per Judge Cahill."

Tami Abdollah@latams:
https://twitter.com/latams
I was pretty shocked.
Click to expand...
I assume Nelson made sure some people started coming in there...I assume these may be former in-laws from his former marriage. Doubt the wife would be there as people know who she is.
 
BritsKate said:
I've tried really hard to keep an open mind though I personally absolutely pretty much unequivocally believe Mr. Floyd was murdered...but I am actually beginning to loathe this defense.

(And I believe in a defendant's right to a fair trial. I do. But all of this is just striking me as gross, inappropriate, insensitive, and defying the bounds of reality itself. There's better ways to defend Chauvin imo.)

MOO
Click to expand...
Does anyone know why Nelson is the only lawyer for the defense? I heard he has only one inexperienced junior assistant. Seems like a huge disadvantage.
 
Factoria said:
ICYMI: A short clip from Exhibit 43 (I believe this is Keung's BWC footage) is shown to Defense 'expert witness', Barry Brodd. Shows GF lying prone, handcuffed, and restrained by 3 officers.

Schleicher: What is Mr. Floyd doing in that clip?
Brodd: He's becoming more compliant.
S: Well, is there any non-compliance you were able to see in that clip?
B: In this clip, no.
S: And, so, he's not exhibiting any non-compliance, and, based on your testimony, and your review and the plain video record in front of you, you see that the Defendant has NOT changed his position. Correct?
B: Correct.
S: He's still applying the same level of force that he did at the beginning of the restraint period. True?
B: That, I can't say.
S: He's still kneeling on Mr. Floyd. Correct?
B: Yes.
S: And, you're not contending that this was some sort of an 'accidental' position, right? He didn't fall down onto Mr. Floyd... He was purposefully kneeling on him.
B: Yes.
S: So, based on your view of the Defendant being on top of Mr. Floyd, up to this point ~ and beyond this point, the Defendant did not alter the level of force that he was using on Mr. Floyd, did he?
B: No
S: Even though Mr. Floyd, by this point, had become, as you put it, compliant. Fair?
B: More compliant, yes.
S: Well, what part of this is non-compliant?
B: So, I see his arm in a bent position in the picture that's posted.
S: ... Right....
B: And, you know, a compliant person would have both their hands in the small of their back, and just be resting comfortably... versus, like he's still moving around.
S: Did you say 'resting comfortably'?!?!?!!?!?!?!?!!?!?!?!?!?!!?!?
B: Or laying comfortably...
S: 'Resting comfortably'.... on the pavement?!?
B: Yes.
S: And at this point in time, when he's attempting to breathe, by shoving his shoulder into the pavement...
B: I was describing what signs of a perfectly compliant person would be.
S: So, attempting to breathe, while restrained, is being slightly non-compliant?!?
B: ....... no...
S: No.
Click to expand...
I think the only person resting comfortably was Officer Chauvin on George Floyd’s neck.
 
[
MTW2011 said:
That's a thought I've had with multiple trials I've found that most defense attorneys don't always hold the view that their client didn't do the alleged crime and they're innocent but more they want to focus on getting a fair trial, making sure the Prosecution proves their case,etc. Nelson may believe Chauvin didn't commit murder or manslaughter but he's trying to put on a good defense I think that's all there is to it. His personal feelings are supposed to be kept out of it. On Dateline and 20/20 episodes I've seen some Defense attorneys interview and say "well I'm not saying I agree with my client, I'm just relaying that to the jury" (something to the effect of that).

Nelson could think Chauvin killed this guy but still tries his best to put on a good defense. He did call out the State in his Motions, more than once, and issues they did with late Discovery, totally unorganized Discovery, etc. Very specific stuff and he brought his receipts, I'm not sure if it's been discussed much here but I actually agreed with his arguments in the Motions because it really did look like the State was not making it easier for him to have access to, or be able to comb through thousands and thousands of pages easily. All of that leads to me think he's just serious about ensuring the State proves their burden and that his client gets a fair trial. I think it'll be interesting the day some jurors find out that Chauvin initially agreed to 3rd degree and a prison term but that was rescinded.
Click to expand...

I did not know Chauvin agreed to 3rd degree and a prison term- so why are we here?
 
turaj said:
oh he said "don't talk to anyone and don't watch the news" first time I have heard that.
Click to expand...

I think this is why:


Nelson also called for the jurors to be questioned about what they know about the Brooklyn Center shooting. He noted that one of the jurors is from Brooklyn Center.

Prosecutors said they were against sequestration, although they were not against telling jurors to avoid all media, but they did note that it’s a near impossible task.

Derek Chauvin Trial, April 12 Live Updates: Judge Says Defense's Case Will Begin Tuesday
 
MadMcGoo said:
I don’t disagree. I guess my main question at this point is why? I’ll refer back to a post about the Graham v. Connor discussion. I personally am not convinced (as of this point in the trial) it was done maliciously or sadistically.
  1. Whether the force was applied in a good faith effort to maintain and restore discipline or maliciously and sadistically for the very purpose of causing harm.
Click to expand...
Actually I think that's how I would describe it. Malicious and sadistic. They seemed to get a certain satisfaction out of the crowd's reaction knowing they were helpless to do anything. They told them, "this is what happens when you do drugs," and asked Floyd in a disgusted tone, "What are you on," while he pleaded with them. It seemed like a pointless question, given that he was in distress and they didn't plan on giving him medical assistance anyway.

If they were really concerned about his being dangerous to others or himself due to drugs, they could have called for an ambulance right away. Or at least put him in the recovery position sooner. He needed help, not harm.
 
I know that this is a highly emotive case, and I too am outraged about the treatment of Mr Floyd. However, IMO, I think that it's very important to decide guilt based on a thorough examination of all the facts, evidence, and expert testimony and not on emotions.

I'm bringing this quote over from the Kristen Smart thread, because I think that it is an important reminder to this case too (IMO):

Screenshot_20210413-180530.png
 
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