http://www.scpr.org/news/2014/01/08/41443/kelly-thomas-trial-closing-arguments-continue-wedn/
Barnett told the jury that Fullerton Police Department Cpl. Steven Rubio testified what the officers did during the altercation with Thomas was "consistent with their training." Rubio testified he provided use-of-force and tactical training to Ramos and Cicinelli.
Rubio, the training officer for the Fullerton Police Department, testified in December that he saw nothing contrary to department policy when he watched the video of the encounter between officers and Thomas.
"Their actions were consistent with their training and nobody disputes that," Barnett told the jury.
During his testimony, Rubio said while it is preferable not to use profanity, "sometimes it is necessary to avoid a physical fight." He also said Ramos' threat "see my fists" was intended to get Thomas to comply with Ramos' orders and were preferable to a physical confrontation.
I don't understand this. The jury is going to be or has been instructed to not consider Rubio's testimony. Why is this defense attorney allowed to refer to it in his closing? This is not right.
