Derek Chauvin justified in his use of force against George Floyd, witness tells murder trial

Former Minneapolis police officer Derek Chauvin was justified in using his knees to pin down George Floyd, a use-of-force expert testified on Tuesday, contradicting testimony by former and current city policeofficers who said Chauvin'sactions violated policy andwere excessive.

"I felt that Derek Chauvinwas justified,was acting with objective reasonableness, following Minneapolis Police Department policy and current standards of law enforcement inhis interactions with Mr. Floyd," Barry Brodd, a former officer in Santa Rosa, Calif., told the Hennepin County District Court in downtown Minneapolis.

Brodd, one of a series of witnesses who testified for the defence on Tuesday in the murder trial of Chauvin,also claimed that puttingFloydin the prone positionhandcuffed while placed on his stomach, and face firstto the pavement was not a use of force.

"It's a control technique.it doesn't hurt," he said. "You've put the suspect in a position where it's safe for you, the officer, safe for them, the suspect, and you're using minimal effort to keep them on the ground."

Defence lays out case

Chauvin's lawyer, Eric Nelson, began to lay out the defence'scase on Tuesday after 11 days of testimony from prosecution witnesses.Floyd died on May 25, 2020, after Chauvin, who is white, pressed a knee on the back of his neck for aboutnine minutes as two other officers held him down face first to the pavement, while he was handcuffed. He had been detained outside a convenience store after being suspected of paying with a counterfeit bill.

Chauvin ison trial on chargesof second-degree unintentional murder,third-degree murderand second-degree manslaughter in connection with the death of the 46-year-old Black man.

The prosecution saysChauvin pressing his knee intoFloyd's neck caused his death. But the defence arguesit was acombination of Floyd's underlying medical conditions, drug useand adrenaline flowing throughhis system that ultimatelykilledhim.

Several top Minneapolis police officials, including Chief Medaria Arradondo, have testified for the prosecutionthat Chauvin used excessive force and violated his training. And medical experts called by prosecutors have said that Floyd died from a lack of oxygen because of the way he was restrained.

But the defence claims Chauvin did what his training taught him to do.

Brodd said that once Floyd was pinned to the ground, he was still engagedin "activeresistance" and struggling against the efforts of the officers.

"Officers are trained that any time you get resistance from a suspect or you're dealing with a high-risk suspect, it's safer for you, the officer and for the suspect to put him on the ground in a proneposition face down for a variety of reasons, some of which are it makes the suspect's mobility diminished."

WATCH | Prosecutor cross-examines use-of-force witness

Prosecutor in Chauvin case cross-examines use-of-force witness

4 years ago

Duration 1:21

Prosecutor Steve Schleicher cross-examines defence witness and use-of-force expert Barry Brodd over whether George Floyd was struggling to breathe.

The fact that Floyd was handcuffed at that point didn't matter, Brodd said, because any resistor, handcuffed or not, should go to the ground to a controlled position.

He said there were a number of valid reasons to keep Floyd in that position, includingspace limitation, traffic on the street, crowd issues and the fact that Floyd was "still somewhat resisting."

Crowd distraction

Chauvin's defence has also raised the issue that the officermay have been distracted about Floyd's declining condition due to the growing anger of the crowd.

Brodd concurred that, based on his review of the video evidence, Chauvin's focus started to move from Floyd to the crowd

"I think Officer Chauvin felt threatened enough that he withdrew his pepper spray canister and gave verbalcommandsto the crowd to stay back. So now he's dealing with the bigger threat," he said.

Tense cross-examination

Cross-examination underprosecutor SteveSchleicherwas tense at times,as hestruck an incredulous tone with some of Brodd's assertions.

He seized on Brodd's contention that the further restraint of Floyd was not a use of force.

"I need to ask you if you believe that it is unlikely that orienting yourself on top of a person, on the pavement with both legs is unlikely to produce pain,"Schleicherasked.

"It could," Brodd responded.

"What do you mean it could? Is it unlikely to produce pain or is it likely to produce pain," Schleicher asked.

"I'm saying it could produce pain."

But Brodd acknowledgedthat based on one of the photos showing Chauvin applying his knee into Floyd, "that could be a use of force."

Schleicher asked Broddwhether a reasonable officer would know that placing someone in that prone position could causepositional asphyxia.

"A reasonable police officer would at least acknowledge and consider the possibility that what they're doing is causing a problem, wouldn'tthey?"

However,Brodd said that according to video, it appeared Floyd was still struggling.

"Struggling or writhing,"Schleicherasked.

"I don't know the difference," Brodd said.

WATCH |Scheicher grills Brodd over 'resting comfortably' comment

Scheicher grills Brodd over 'resting comfortably' comment

4 years ago

Duration 0:37

Prosecutor Steve Schleicher takes issue with use-of-force expert Barry Brodd's testimony that Floyd was 'resting comfortably' on the pavement.

Brodd argued that Floyd kept on struggling, and he suggested that if Floyd was being compliant, he would have had both hands in the small of his back"and just be resting comfortably."

"Did you say 'resting comfortably'?" Schleicher asked.

Brodd: "Or laying comfortably."

Schleicher: "Resting comfortably on the pavement?"

Brodd said yes and added that hewas describing the signs of a perfectly compliant person.

"So attempting to breathe, while restrained, is being slightly non-compliant now," Schleicher said.

"No," Brodd said.

Schleicherargued that the only struggling by Floyd was as a result of himtrying to breathe.

"I don't know, if he was struggling or if he was struggling to catch a breath ... I can't tell," Brodd said.

Other witnesses

Earlier in the day, court heard fromShawanda Hill,a friend of Floyd's whowas in the SUV with himbefore his encounter and arrest bypolice. Hill testified that she had met Floyd in the convenience store and that he was alertand happy, but by the time they got back to the car, he suddenly fell asleep and that she repeatedly tried to wake him up.

Her testimony was important for the defence as they try to prove Floyd was potentially reacting to fentanyl in his system.

Nelson also put on the stand a former police officer and paramedic who testified about a2019 arrest in which Floyd suffered from dangerously high blood pressure and confessed to heavy use of opioids.

Also testifying was Minneapolis Park Police Officer Peter Chang, who helped at the scene that day. He said he saw a "crowd" growing across the street that "was becoming more loud and aggressive, a lot of yelling across the street."

"Did that cause you any concern?" Nelson asked.

"Concern for the officers' safety, yes," Chang replied.