April 6, 2021 Derek Chauvin trial news | CNN

Derek Chauvin is on trial for George Floyd’s death

Minneapolis Police Chief Medaria Arradondo
Police chief says Chauvin's actions weren't proper policy
5:48 • Source: CNN
Minneapolis Police Chief Medaria Arradondo
5:48

What we covered here

  • Jurors heard testimony today from four witnesses in former Minneapolis Police officer Derek Chauvin’s trial.
  • Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter in the death of George Floyd.
  • Floyd died in May 2020 after Chauvin placed his knee on Floyd’s neck while he pleaded, “I can’t breathe.” His final moments, recorded on video, led to widespread protests against police brutality and racism as well as incidents of unrest.

Our live coverage of the trial has ended for the day. Read more about the trial here.

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Here's what happened today in the Derek Chauvin trial

Four witnesses testified in court today during the trial of former Minneapolis Police officer Derek Chauvin, who has been charged in the death of George Floyd.

Here’s what they said today in court:

Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor with the department’s training unit, said Chauvin’s kneeling on Floyd’s neck is not a trained neck restraint tactic. While neck restraints may be allowed on suspects actively resisting, they are not to be done with the knee and they would not be authorized on a suspect who is handcuffed and under control, he said. Officers are taught to only use force that is proportional to the threat. He also testified that handcuffed suspects can have difficulty breathing on their stomachs. He said officers are trained to move suspects into a side recovery position — “the sooner the better.”

However, Mercil said in cross-examination that Chauvin’s position might be considered “using body weight to control,” a tactic in which officers place a knee on a prone suspect’s shoulder blades to handcuff them. He acknowledged that some screen grabs of police body-camera footage show Chauvin with his knee on Floyd’s shoulders.

“However, I will add that we tell officers to stay away from the neck when possible, and if you’re going to use body weight to pin, to put it on their shoulder and be mindful of position,” he said.

Minneapolis Police Sgt. Ker Yang, the crisis intervention training coordinator for the department’s training unit, testified about the importance of recognizing when someone is in crisis and de-escalating the situation. Officers are trained in a critical decision-making model to address people in crisis that calls on them to continually assess and reassess what is needed in the situation, he said. Chauvin took a 40-hour course on crisis intervention training in 2016 in which actors portrayed people in crisis and officers had to de-escalate the situation, Yang testified.

In cross-examination, Yang said that the crisis intervention model can potentially apply to the suspect as well as nearby observers. The training advises officers to appear confident, stay calm, maintain space, speak slowly and softly and avoid staring or eye contact, he said.

Minneapolis Police Officer Nicole Mackenzie, a medical response coordinator and CPR instructor, testified that officers are required to render first aid and request emergency services when someone needs medical help. The department teaches officers to determine the level of responsiveness for a person needing help. If the person is unresponsive, then the officer is required to check their airway, breathing and circulation, and if the person has no pulse, the officer should start CPR immediately. She also said it’s not accurate to say if someone can talk then they can breathe. In cross-examination, she said that a hostile crowd could make it difficult to focus on a patient.

Los Angeles Police Department Sgt. Jody Stiger, a use-of-force expert, testified that the force used by Chauvin on Floyd was excessive. “My opinion was that the force was excessive,” he told the court. Stiger reviewed materials from the incident after Floyd’s death and has conducted approximately 2,500 use-of-force reviews during his career.

Court has adjourned for the day

Court is adjourned until tomorrow morning when testimony is expected to resume in the trial of former Minneapolis Police officer Derek Chauvin.

Use-of-force expert testifies that Chauvin's force against George Floyd was excessive

Los Angeles Police Department Sgt. Jody Stiger, a use-of-force expert, testified today that the force used by former Minneapolis Police officer Derek Chauvin on George Floyd was excessive.

Stiger reviewed materials from the incident after Floyd’s death.

Stiger testified he has conducted 2,500 use-of-force reviews and has found the use of force was reasonable in some and not in others. In this case he reviewed documents and videos and determined that while the use of force with Floyd started as reasonable, it should have ceased when he stopped resisting.  

“Initially, when Mr. Floyd was being placed in the back seat of the vehicle he was actively resisting the officers. So, at that point, officers were justified to use force to try to have him comply with their commands,” Stiger said. “However, once he was placed in the prone position on the ground, he slowly ceased his resistance. At that point, the officers, ex-officers I should say, they should have slowed down or stopped their force as well.”

The initial actions to put Floyd in the vehicle were reasonable, but other things could have been done, Stiger told the court.  

The Los Angeles police sergeant was hired as an expert witness to provide testimony at trial. Prosecutors paid Stiger a flat fee of $10,000 and an additional $2,950 for the trial.

His testimony will continue Wednesday morning.

An LAPD police officer is now testifying

Los Angeles Police Sgt. Jody Stiger is the next witness at the Derek Chauvin trial. He is a use-of-force expert.

It is the seventh day of testimony at the Chauvin trial.

Medical response coordinator says "it would be incomplete" to say someone can breathe if they can talk

Minneapolis Police Officer Nicole MacKenzie, a medical response coordinator at the department, testified that it “would be incomplete” to say that if someone can talk that means they can breathe.

“There is the possibility that somebody could be in respiratory distress and still being able to verbalize it. Just because they’re speaking doesn’t mean they’re breathing adequately,” she said. 

Police medical response coordinator testifies about CPR training that Chauvin received

The prosecuting attorney is questioning Minneapolis Police Officer Nicole Mackenzie.

She is a medical response coordinator who provides the first aid education and training that officers at the department receive. CPR (cardiopulmonary resuscitation) is included in that training, she said.

The prosecution showed Mackenzie two sets of heartsaver CPR cards issued to former Minneapolis Police officer Derek Chauvin from March 2012 through March 2014 and another one from January 2014 through January 2016.

Mackenzie said that at minimum, every year in their training they are “touching on CPR.”

She said that officers are trained to “immediately start CPR” if they do not have a pulse on a person. 

Mackenzie noted that the police department’s policy requires that trained officers conduct CPR while they are waiting for an ambulance.

They are supposed to stop CPR, she said, when they’ve been relieved “by somebody with a higher level of training” or if they’ve been doing it for a long time and are “absolutely physically exhausted from doing CPR.” 

The court is back in session

The court is back in session after a lunch break.

Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor who trained former police officer Derek Chauvin, wrapped his testimony before the break.

Minneapolis Police Officer Nicole Mackenzie just took the stand.

Floyd's brother: "After we get the verdict and we get this conviction, we'll be able to breathe"

Rev. Al Sharpton leads a group prayer on Tuesday.

In a news conference held outside the Minneapolis courthouse where the Derek Chauvin trial is taking place, George Floyd family attorney Ben Crump introduced the Floyd family and Rev. Al Sharpton who got together to pray.

Sharpton came to Minneapolis to visit the family after last week’s emotional witness testimony in the death of Floyd, Crump said.

Crump explained that because Floyd’s family is religious, they pray together and seek leadership from Sharpton, whom they turn to for prayer and guidance “on a regular daily basis.”

Taking the podium Sharpton said that he regularly prays with Floyd’s family in person in Minneapolis and Houston and sometimes on speaker phone, since the reverend delivered the eulogy at Floyd’s funeral last June.

“But after such a tumultuous week of them having to watch that tape over and over, and then listening to the police chief yesterday, I said, no, let’s run out there and have prayer in person,” he added.

Sharpton then proceeded to lead a group of people consisting of Floyd’s family members, Gwen Carr, Eric Garner’s mother, and David Paterson, former New York Governor, in group prayer.

Police lieutenant: Officers told "to stay away from the neck" when trying to control a suspect

During cross-examination, Minneapolis Police Lt. Johnny Mercil, a use-of-force trainer, repeated his earlier answer that former police officer Derek Chauvin’s use of his knee on George Floyd’s neck was not a proper neck restraint.

Asked by defense attorney Eric Nelson if Chauvin’s technique could be part of another training, Mercil said, “perhaps,” adding that it might be considered “using body weight to control.” 

He continued: “However, I will add that we don’t — we tell officers to stay away from the neck when possible and if you’re going to use body weight to pin, to put it on their shoulder and be mindful of position.” 

Neck restraint can cause unconsciousness in "under 10 seconds," use-of-force instructor says

Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor, testified that he did not observe former officer Derek Chauvin use a chokehold on George Floyd. 

Mercil told defense attorney Eric Nelson that he has trained hundreds of officers on how to use a neck restraint, which he said is defined as “constricting the sides of a person’s neck.” 

Mercil said “it depends” when asked how much pressure it takes to make someone unconscious. 

Factors include “the size of the person, your skill, whether they’re on narcotics or not, whether they’re having an adrenaline rush, heart rate, general physical health — there’s just a lot of factors involved,” he said. 

Mercil said someone does not necessarily need to apply a lot of pressure over a long period of time to make someone unconscious. 

Based on his experience, it takes “under 10 seconds” to render someone unconscious using a neck restraint.

Prone suspect should be rolled onto side once handcuffed to prevent "positional asphyxiation," lieutenant says

Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor who trained Derek Chauvin, described in court today the department policy of moving a prone suspect off of their stomach once they are in handcuffs.

Mercil testified that officers are trained to stand or sit suspects up, or put them in a “recovery position on their side,” once they are compliant.

Asked why officers do this, Mercil said, “There is the possibility and risk that some people have difficulty breathing when the handcuffs are behind their back and they’re on the stomach.”

He said officers roll someone into the side recovery position after they’ve been handcuffed and are compliant for several reasons including “to prevent a potential situation where they might be subject to positional asphyxiation.” 

Asked how soon should the person be put into the side recovery position, Mercil said, “I would say sooner the better.”

The court is back in session

The court is back in session after a short break. Minneapolis Police Lt. Johnny Mercil, a use-of-force instructor who trained Derek Chauvin, has resumed his testimony.

Police lieutenant says Chauvin's knee on Floyd's neck would not be an authorized use-of-force

Minneapolis Police Lt. Johnny Mercil testified today about the use of neck restraints by police officers at the department.

He said that a neck restraint is defined as “constricting the sides of a person’s neck.” 

While showing the witness an image of Derek Chauvin with his knee on George Floyd’s neck while Floyd was handcuffed, prosecuting attorney Steve Schleicher asked if “the subject was under control and handcuffed would this be authorized?” 

“I would say no,” Mercil said.

Police use-of-force instructor defines what "force" means

Minneapolis Police Lt. Johnny Mercil is a is a use-of-force instructor who trained Derek Chauvin on defensive tactics in 2018.

He was asked by prosecutors to explain to the jury what force is. Here’s what he said:

Mercil went on to confirm to prosecutors that “restraint is a form of force” and that both applying force or applying restraint needs to be proportional.

“In general, without using the slide for a moment, just explain to the jury as you would a group of trainings. What is proportional force?” prosecutors asked. 

“You want to use the least amount of force necessary to meet your objectives, to control. And if those lower uses of force do not work, would not work or are too unsafe to try, then you increase the level of force against that person,” Mercil said. 

“You said that you want to use least amount of force as necessary? Why is that?” the prosecution continued. 

Watch:

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Police use-of-force instructor explains the training he gave Chauvin in 2018

Minneapolis Police Lt. Johnny Mercil, who is a use-of-force instructor with the department, said he trained Derek Chauvin on defensive tactics in 2018.

Mercil walked the jury through training documents that showed what was taught during the in-service that Chauvin attended. The prosecution also showed an attendance document that had Chauvin’s name on it for the specific training.

Mercil said that the department trains officers that physical restraint is a use-of-force, but when applying restraint, it has to be “reasonable.”

Another slide of the training documents showed the idea of “proportionality” in force.

The prosecution asked, “And when we talk about proportional to what?”

“I’d say the level of resistance you’re getting,” Mercil said, specifying the resistance that is coming from the person you are applying force to.

Watch:

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Prosecutors question Minneapolis police use-of-force instructor 

Minneapolis Police Lt. Johnny Mercil

Minneapolis Police Lt. Johnny Mercil has now taken the stand to testify. He has been with the department since 1996 and said he currently is on medical leave.

He serves as a use-of-force instructor with the department’s training unit. One of the tactics Mercil said he provides training on is Brazilian jiu-jitsu.

The prosecuting and defense attorneys finished questioning Minneapolis Police Department Sgt. Ker Yang who serves as the department’s crisis intervention training coordinator.

Watch:

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Defense cross examines sergeant who trains officers on how to handle behavioral crisis

Defense attorney Eric Nelson

Defense attorney Eric Nelson is now cross-examining Minneapolis Police Department Sgt. Ker Yang.

Yang serves as the department’s crisis intervention training coordinator.

The defense asked Yang what potential signs of aggression they train officers to watch for during a situation.

Citing a training document, Yang said these signs could be things like “raised voice, rapid breathing, muscle tension, agitation, pacing.”

Yang said the department also trains officers on what to look for in bystanders and people observing. He said the training aims to teach officers how to evaluate the entire situation, beyond how they are interacting with a suspect they are trying to arrest.

The critical decision-making model is not limited to just the suspect, but the totality of the circumstances, including citizen bystanders, Yang testified. 

The critical decision-making model is a dynamic process and can include earlier interaction with a suspect, training, tactical decision making, knowing medical help is on the way, officer safety and things that may not be apparent to bystanders.

Creating time and distance is an important part of the de-escalation process, Yang told defense lawyer Nelson.  

An officer should try to stay confident, maintain space, speak slowly and softly and avoid eye contact, according to their training Yang agreed.  

Officers could be dealing with multiple people in crisis, including a suspect, bystanders or other officers and the officer has to take all of that into consideration and apply to the critical decision-making matter, he said. 

Police crisis trainer: "If somebody is in need of medical attention, then we give medical attention"

Minneapolis Police Department Sgt. Ker Yang

Minneapolis Police Department Sgt. Ker Yang is now testifying. Yang is the crisis intervention training coordinator for the training unit and has been with the department for about 24 years.

The sergeant defined a crisis as “any event, situation that is beyond a person’s coping mechanism.”

In 2016, all officers were trained in a 40-hour course where actors portrayed people in crisis and officers had to respond to de-escalate the situation. Yang testified that “when it’s safe and feasible, we should de-escalate.”

Officers are trained in a critical decision-making model to address people who are in crisis.  

 “Does that person need to go to the hospital? Can the person be turned over to somebody that has the authority to watch over that person? So it’s really for somebody to take over in crisis is determined to see if that person needs help,” Yang told prosecutor Steve Schleicher the model includes.  

The sergeant discussed a part of the critical decision-making model labeled “review and re-assess.”

“We assess the situation to see if our technique on the de-escalation or other technique is working. If it’s not working, then we adjust our technique and our strategies,” Yang said, noting that goals and actions can be adjusted after this point.

If a person being arrested needs medical attention, the sergeant said, that would be an “immediate goal for us.”

“If somebody is needing attention, then we give them medical attention,” Yang said.

Watch:

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NOW: Trial resumes for ex-cop charged in George Floyd's death

Day seven of testimony at the trial of former Minneapolis Police officer Derek Chauvin just started.

We’re expecting the prosecution to call more witnesses to the stand.

Three witnesses testified yesterday, including Minneapolis Police Chief Medaria Arradondo who said Chauvin’s kneeling on Floyd’s neck is not a trained tactic and was a violation of the policies around de-escalation, objectively reasonable use of force and requirement to render aid.

Judge will set future hearing to decide if George Floyd's friend, who was in the car with him, will testify

Morries Hall

George Floyd’s friend, who was in the car with him on May 25, 2020 when they were confronted by police, appeared via Zoom in front of Judge Peter Cahill this morning to determine if he will testify in the trial of former Minneapolis Police officer Derek Chauvin.  

Morries Hall is on the prosecution’s potential witness list. However, his lawyer says he will cite the Fifth Amendment if called to testify, because some topics of his testimony could incriminate him.

In a document filed last week, public defender Adrienne Cousins asked for his subpoena to be quashed since he will not answer questions.  

The judge said there will be a future hearing on Hall’s testimony, and he has asked that defense attorney Eric Nelson draft written questions that he would like Hall to answer. Hall can then meet with his lawyers to discuss whether he will answer them. The judge said he wants the questions submitted by Thursday and then he can review the questions and make a determination on whether Hall will testify.  

“That way Mr. Hall can meet with lawyers and talk about would he be willing to answer those. Then we can have another hearing, outside of the hearing of the jury, and walk through and see if, number one if, I based on my review of the examination, I believe that it is proper invocation of the fifth amendment rights to that or not, on question by question basis,” the judge said. 

Some more background: Hall has been in jail since March 24 on unrelated charges of domestic abuse, assault and violating a protective order. He appeared in front of a different judge Monday morning in that case.  

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