April 13, 2021 Derek Chauvin trial day 12 news | CNN

Derek Chauvin is on trial for George Floyd’s death

Derek Chauvin witness defense
'Truly ridiculous:' CNN's Honig rips apart defense witness' testimony
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Derek Chauvin witness defense
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What we covered here

  • The prosecution rested its case, and the defense presented witness testimony today during the trial of former Minneapolis police officer Derek Chauvin.
  • Chauvin is charged with second-degree unintentional 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.”

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

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The defense called its first witnesses today. Here's what they said.

The prosecution rested its case today in the trial of former Minneapolis Police officer Derek Chauvin. Then, it was the defense’s turn to call witnesses.

Here’s what happened in court on Tuesday:

Retired Minneapolis Police officer

The defense’s first witness was retired Minneapolis Police officer Scott Creighton who testified about an arrest involving George Floyd in 2019. The judge allowed the testimony “solely for the limited purpose of showing the effects the ingestion of opioids may or may not have had on the physical well-being of George Floyd.”

Body-camera footage showed that Floyd was not complying with officer’s orders to put his hand on the dashboard of the car. In the video you can hear Floyd saying he didn’t want to get shot. Creighton testified that the situation “escalated real quick.”

Retired paramedic

The next witness was retired paramedic Michelle Monseng who treated Floyd after he was taken into custody in 2019. She told the defense that Floyd told her he took an opioid every 20 minutes, “and then another one as the officer came up.” She told defense lawyer Eric Nelson that Floyd was upset and confused.

During cross-examination, Monseng said Floyd was able to walk, stand up and was alert. She said he didn’t stop breathing and didn’t go into cardiac arrest.

George Floyd’s friend

Shawanda Hill was subpoenaed by the defense to testify. She was in the back seat of the car with Floyd at Cup Foods. She testified that he was “happy, normal, talking, alert” when she saw him.

She said Floyd fell asleep while they were sitting in the car. Hill said that she was able to wake him up but then he nodded off again. She said that she was able to wake him up a second time when police approached the vehicle, saying he instantly grabbed the wheel and said “please, please, don’t kill me! Don’t shoot me!”

Minneapolis Park Police officer

Peter Chang was on duty and responded to a call at Cup Foods to assist officers. He told the jury that bystanders on the sidewalk became “very aggressive” during the incident and that he was concerned for the officers’ safety.

The defense played body-camera footage from Chang. It showed by standing by Floyd’s car around the corner from the location where Floyd was being taken into custody. During cross-examination Chang testified that while he was at Floyd’s car, he could no longer see what was going on.

Minneapolis Police Department’s medical support trainer

The defense called Minneapolis Police officer Nicole MacKenzie who is the medical support coordinator for the department. She previously testified as a witness for the prosecution.

She said one of the officers at the scene, Thomas Lane, was trained to detect a condition called “excited delirium.” During cross-examination she testified that officers are told to roll suspects on their side because that condition can compromise breathing.

Use-of-force expert

Barry Brodd, a former police officer and use-of-force expert, was the last witness of the day. He testified that Chauvin’s actions were “justified” and that it was not a use of deadly force.

Brodd is being retained by defense attorney Eric Nelson. He has been paid for his work on the case, he testified. 

On Monday, the prosecution’s use-of-force expert testified that Chauvin’s actions represented deadly force and were unreasonable.

During cross-examination, Brodd said Chauvin would have known that Floyd was not responsive and was not resisting. He said he heard another officer say that Floyd did not have a pulse while Chauvin was on top of him. Brodd also testified that kneeling on a suspect in prone position could be a use of force, after previously testifying that it was not.

Testimony has ended for the day

Testimony has ended for the day in the trial of former Minneapolis Police officer Derek Chauvin.

The defense is expected to resume testimony tomorrow morning.

Use-of-force expert: Chauvin would know that Floyd was not resisting arrest

Defense expert witness Barry Brodd.

During a lengthy cross-examination, prosecuting attorney Steve Schleicher questioned defense expert witness Barry Brodd extensively about to what degree George Floyd continued to resist arrest while Derek Chauvin was on top of him.

While viewing body cam video in court, Schleicher pointed out that Floyd “literally could not support his own head” at the time that Chauvin got off of him.  

Schleicher asked Brodd, “if a reasonable police officer in the position of the defendant, and that position is the position we see here, on top of him, would know” that Floyd is not responsive and resisting arrest at this point.

“I think he would know that he’s not resisting,” Brodd said.

Brodd then testified that he heard another officer say that he couldn’t find a pulse on Floyd while Chauvin was still on top of him.

Schleicher then asked Brodd to confirm that in the video “the defendant’s position is and was, and remains as we see here at this moment, in this time, in this clip, on top of Mr. Floyd, on the street.” He responded, “yes.”

Use-of-force expert: A reasonable officer could possibly believe Floyd when he said he couldn't breathe

Defense expert witness Barry Brodd.

Defense expert witness Barry Brodd was shown body camera video of Derek Chauvin on top of George Floyd while Floyd pleaded with the officer and repeatedly said, “I can’t breathe.”

Brodd was asked during cross-examination by the prosecuting attorney if, in this context, — lying on the pavement with the defendant on top of him — if a reasonable police officer might find Floyd’s claims that he couldn’t breathe credible.

“It’s possible,” the witness said.

Brodd’s cross examination at the Chauvin trial is ongoing.

Use-of-force expert: Chauvin's knee on Floyd could be a use of force

Defense expert witness Barry Brodd said that Derek Chauvin’s kneeling on George Floyd while he was in the prone position could be considered a use of force.

Brodd was shown an image of Chauvin on top of Floyd with his knee on his neck during cross examination by the prosecution. “Shown in this picture, that could be a use of force,” Brodd testified.

Earlier, Brodd testified that he didn’t “consider a prone control as a use of force” when he was asked by defense attorney Eric Nelson about Chauvin and the other officers taking Floyd out of the police car and placing him face down on the pavement in the prone position.

Brodd was also asked if placing additional pressure on somebody’s neck while they are being held down in a prone position could increase the potential danger of positional asphyxia. He agreed.

Brodd also agreed that the dangers of positional asphyxia due to being restrained in the prone position is a known risk.

Some more context: Brodd testified that Chauvin’s actions against Floyd were “justified.” He also testified that it is his opinion that deadly force was not used against Floyd.

Use-of-force expert: This was not a use of deadly force

Defense expert witness Barry Brodd was asked by attorney Eric Nelson if Chauvin’s actions was a use of deadly force. “It was not,” he responded.

He was asked to explain that opinion and gave an example that he teaches:

Brodd is being retained by defense attorney Eric Nelson. He has been paid for his work on the case, he testified. 

The prosecution’s use-of-force expert testified Monday that Chauvin’s actions represented deadly force and were unreasonable.

“Both the knee across Mr. Floyd’s neck and prone restraint were unreasonable, excessive and contrary to acceptable police practices,” said Seth Stoughton, a former police officer and associate professor of law at University of South Carolina.

“No reasonable officer would have believed that was an appropriate or acceptable use of force,” he added.

Defense expert witness says Chauvin's actions were "justified"

Defense expert witness Barry Brodd testified that ex-cop Derek Chauvin’s actions were “justified.”

Brodd is a former police officer and use-of-force expert. He runs a consulting firm and is being retained by defense attorney Eric Nelson’s office, he testified. Brodd said he has been paid $11,400 for his work on the case.

Watch the moment:

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The trial has resumed

The trial of Derek Chauvin has resumed. The defense called its next witness — Barry Brodd, a former police officer and use-of-force expert.

Go There: CNN is in Minneapolis answering your questions as the Chauvin defense begins

Derek Chauvin’s defense team began presenting their own witnesses today. Just miles away from where the trial is happening, protests erupted for a second straight night over another fatal shooting of a Black man by police.

CNN correspondent Josh Campbell reports on the latest from Minneapolis and answers viewers’ questions about the trial:

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Minneapolis police officer testifies about department training to detect "excited delirium"

Minneapolis Police Officer Nicole MacKenzie, the department’s medical support trainer, testified that one of the officers at the scene, Thomas Lane, received training to detect a condition called “excited delirium” syndrome in a suspect.

MacKenzie was recalled to the stand today by the defense after previously testifying for the prosecution.

On cross-examination, MacKenzie testified that one of the things that officers are told to do during training is to roll suspects on their sides because excited delirium can compromise breathing.

Asked by the prosecutor if an officer would defer to an “emergency room doctor” on whether someone is actually experiencing delirium, MacKenzie said, “Absolutely. Not our place to diagnose that.”

Court is currently in a lunch break.

Defense recalls police officer who previously testified for the prosecution

The next witness for the defense is Minneapolis Police Officer Nicole MacKenzie. She is the medical support coordinator for the department.

MacKenzie previously testified as a witness for the prosecution.

Police officer who testified that crowd was aggressive admits he couldn't see what was going on

Peter Chang, a Minneapolis Park Police officer who responded to the scene on May 25, 2020, was cross-examined by the prosecution about his testimony regarding the crowd of bystanders watching George Floyd in custody.

Chang, whose body-cam footage was played in court, told the jury that the crowd grew “very aggressive” during the incident and he became concerned for the other officers safety.

The video footage played in court showed that after he arrived at the scene Chang stayed on the sidewalk around the corner from where Floyd was in custody. His role in the investigation was to watch Floyd’s car and the other two occupants of the vehicle. The video showed that he was not near the crowd during the incident.

On cross-examination, prosecuting attorney Matthew Frank asked Chang if it was true that while he was at this location he “can no longer see what was going on?”

Chang said “yes.” 

Minneapolis Park Police officer testifies that crowd was "very aggressive" during Floyd's arrest

Peter Chang, a Minneapolis Park Police officer, told the court today that the crowd of bystanders that gathered on the sidewalk during the May 25, 2020 incident became “very aggressive.”

Chang, who responded to the scene at Cup Foods to assist officers, said he became concerned for the other officers’ safety.

The defense played body-worn camera footage from Chang during his testimony. The footage showed him around the corner from the location where Floyd was being taken into custody. While Derek Chauvin and the other officers had Floyd in custody, Chang stood by Floyd’s car. The video did not show him near Floyd or the crowd.

A Minneapolis Park Police officer is now testifying

Peter Chang, a Minneapolis Park Police officer, is now testifying and being questioned by the defense attorney.

Chang said he was on duty on May 25, 2020, and responded to a call at Cup Foods.

His testimony is ongoing.

George Floyd's friend testified about his reaction when police approached the vehicle

Shawanda Hill, a friend of George Floyd, testified that Floyd offered her a ride from Cup Foods on May 25, 2020. She agreed and got into the car with him. She said he fell asleep while they were sitting in the car. Hill said that she was able to wake him up but then he nodded off again.

She said that she was able to wake him up a second time when police approached the vehicle.

On cross-examination, Hill testified about how Floyd reacted when the officers approached the car

George Floyd’s friend describes when police approached the vehicle:

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A person who saw George Floyd on the day he died is now testifying at the Chauvin trial

The next witness is Shawanda Hill. She was subpoenaed by the defense to testify.

On May 25, 2020, she was at Cup Foods. She ran into George Floyd in the store. She testified that Floyd was “happy, normal, talking, alert” when she saw him.

Her testimony is ongoing.

"I don't want to be shot," George Floyd says in 2019 arrest video shown to jury

A police officer who arrested George Floyd a year before he died was called as the first witness for the defense on Tuesday in the trial of Derek Chauvin.  

Officer Scott Creighton was a Minneapolis police officer who pulled over a vehicle Floyd was riding in on May 6, 2019. He has since retired.

“The passenger was unresponsive and non-compliant to my commands,” Creighton testified earlier this morning.

The body camera video of the stop was played in court which showed Creighton pulling his gun on Floyd.

Floyd can be heard saying “I don’t want to be shot” as the officer ordered him to place his hands on the dash. 

Judge Peter Cahill told jurors that the testimony was allowed to show the “effects the ingestion of opioids may or may not have had on the physical well-being of George Floyd.” 

On cross examination, prosecutor Erin Eldridge asked Creighton about details of the arrest, including highlighting the times that Floyd complied with the officer’s commands.

Creighton also told the prosecutor that Floyd was not in medical distress and did not collapse during the interaction.  

Bodycam footage of George Floyd’s 2019 arrest presented at trial:

Warning: Graphic language

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Retired paramedic testifies about treating Floyd during 2019 arrest

The defense’s second witness was retired paramedic Michelle Monseng, who worked in Hennepin County, Minnesota, for almost 34 years.

Monseng treated George Floyd after he was taken into custody on May 6, 2019, more than a year before he died. She has since retired.

Here’s what the judge told the jury about the incident she would testify about:

Monseng told defense lawyer Eric Nelson that Floyd told her that he had taken an opioid every 20 minutes, “and then another one as the officer came up.”  

“It was quite hard to assess him, he was upset and confused,” Monseng noted, before prosecutors objected.  

She found Floyd had a high blood pressure reading of 216 over 160 and recommended he be taken to the hospital.  

During cross examination, Monseng told the prosecuting attorney she provided care to Floyd and said during questioning, Floyd told her he was addicted to opioids. 

Monseng noted that Floyd was able to walk, stand up and was alert. The retired paramedic said he had a normal respiratory rate and did not want to go to the hospital.

He didn’t stop breathing, and he didn’t go into cardiac arrest, she testified. 

The retired paramedic said that she was concerned by his high blood pressure.

“Initially, he denied medical issues but when I discovered his blood pressure, I specifically asked again, and he said, yes, he had a history of hypertension and had not been taking his medication,” she testified.

Former Minneapolis cop testifies about a 2019 arrest of George Floyd: "It escalated real quick"

Prosecuting attorney Erin Eldridge, Minnesota’s Assistant Attorney General, cross-examined former Minneapolis police officer Scott Creighton about arresting George Floyd in May 2019, one year before he died.

Earlier, during direct questioning by the defense, a body-cam video was played in court showing the 2019 incident.

During cross-examination, Eldridge asked Creighton if he had his gun drawn when he approached Mr. Floyd, who was sitting in the passenger side of a vehicle that police pulled over. “Yes, I pulled it,” Creighton said.

Creighton testified that he told Floyd to put his hands on the dashboard of the car but when he didn’t comply with the officer’s order he forcibly put Floyd’s hand on the dash.

In the video, Floyd can be heard saying he does not want to get shot. Creighton testified that during the stop another officer was threatening to tase the occupants of the car.

Eldridge asked Creighton if he was yelling loudly and using profanity during the stop. “Yes, I was. It escalated real quick,” he testified.

Eldridge concluded the cross examination by asking if Floyd fell to the ground after he got out of the car. The former officer testified that he did not.

Creighton was the first witness called by defense attorney Eric Nelson. He was called this morning shortly after the prosecution rested its case.

Watch the moment:

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A former Minneapolis police officer is now testifying at the trial

Defense attorney Eric Nelson has called his first witness — former Minneapolis Police officer Scott Creighton.

Creighton said he worked for the MPD for 28 years. He is now retired.

Before he began testimony, the judge informed the jury that Creighton would be testifying about an earlier incident involving George Floyd on May 6, 2019.

Here’s what the judge said:

The defense played body-cam footage of Floyd’s 2019 arrest in court.

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