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UPDATE (12:08 p.m.): The state calls James Reyerson, a senior special agent with the Minnesota Bureau of Criminal Apprehension, to testify.
Reyerson is part of a newly-formed unit that investigates use of force cases. He was assigned to investigate the death of George Floyd on May 25, becoming the first investigator to look into the incident.
Reyerson testified that he took a photo of Derek Chauvin at Minneapolis City Hall at the start of the investigation. He said the former officer weighed about 145 pounds at the time, with his gear adding another 30-40 pounds.
Reyerson said he responded to 38th and Chicago later that night, between 2 a.m. and 3 a.m. When he arrived, the BCA crime scene team was already there.
Following the start of his direct questioning, the court took a lunch break.
WATCH: BCA Special Agent James Reyerson took a picture of Derek Chauvin on the night of May 25, 2020 at Minneapolis City Hall. He described the ex-officer’s weight, his equipment and the weight of that equipment. Reyerson was the first investigator to look into the incident. pic.twitter.com/Pp1tKs8Muw
— WCCO – CBS Minnesota (@WCCO) April 7, 2021
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UPDATE (12 p.m.): The testimony of Jody Stiger, the first paid expert brought by the state, has ended. Stiger is a use-of-force expert from the Los Angeles Police Department.
While under cross examination by Eric Nelson, the lawyer for Derek Chauvin, Stiger reviewed images of George Floyd’s arrest on May 25. Stiger agreed with Nelson that sometimes images don’t capture the full dynamic of what happened in a given situation.
Nelson further questioned Stiger about the placement of Chauvin’s knee and whether or not it was, at times, placed between Floyd’s shoulder blades, not on his neck. After reviewing certain photos, Stiger agreed that Chauvin’s knee appeared to shift between Floyd’s back and the base of his neck.
On redirect, prosecutor Steve Schleicher asked Stiger that if pressure on the neck or body increases the threat of positional asphyxia. Stiger said that any pressure on the body increases the risk of positional asphyxia.
Following Stiger’s testimony Tuesday that Chauvin used “excessive” force against Floyd, Schleicher asked Stiger if, in his professional opinion, the force applied by the former officer was objectively reasonable or not objectively reasonable. “It was not objectively reasonable,” Stiger said.
Schleicher also questioned Stiger on his comments concerning the “Awful But Lawful” training brought up earlier during cross examination. “If it’s not objectively reasonable and it’s not lawful, then it’s just awful?,” Schleicher asked.
“Correct,” Stiger answered.
WATCH: State asks LAPD use-of-force expert Sgt. Jody Stiger to clarify the “awful but lawful” training for policing. #DerekChauvinTrial
“But if it’s not objectively reasonable and it’s not lawful, then it’s just awful.” – State
“Correct.” – Stiger pic.twitter.com/X7mc8ZJtCw
— WCCO – CBS Minnesota (@WCCO) April 7, 2021
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UPDATE (10:46 a.m.): Eric Nelson, the defense attorney for Derek Chauvin, began cross examining Jody Stiger, the paid use-of-force expert brought by the state.
Nelson started his line of questioning by asking if Stiger had ever testified as a use-of-force expert in state or federal court. Stiger said that he hadn’t. However, he said that he had reviewed hundreds of use-of-force cases for the Los Angeles Police Department, although they were not concerning deadly use of force.
Nelson questioned Stiger about the reasonableness of the use of force in certain situations and the details of the call that led Chauvin to encounter George Floyd on May 25. When Nelson asked if Floyd was actively resisting arrest when Chauvin arrived at the scene, Stiger agreed. Stiger then admitted that Chauvin would have been justified in using a stun gun on Floyd in that instance.
When trying to highlight how chaotic scenes can be, Nelson played video from former officer J. Alexander Keung’s body-worn camera showing Floyd in the prone position during the arrest, speaking to officers. Nelson asked Stiger if he could hear Floyd telling officers that he “ate too many drugs.” Stiger said he couldn’t make it out, even though Nelson played the video twice.
Nelson confirmed that Stiger participates in a training program called “Awful But Lawful.”
“The general concept is that sometimes the use of force, it looks really bad, right?” Nelson said.
Stiger agreed.
“Sometimes it may be caught on video, and it looks bad, right? But it’s still lawful.”
“Yes,” Stiger said, “based on the department’s policies and based on that state’s laws.”
WATCH: In defense cross examination of LAPD use-of-force expert Sgt. Jody Stiger, attorney Eric Nelson asks Stiger about “awful but lawful” training and says an incident may be caught on video and look awful but it’s still lawful.
LIVE UPDATES: https://t.co/tXXqhvwMYU pic.twitter.com/KnAabcUoZE
— WCCO – CBS Minnesota (@WCCO) April 7, 2021
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UPDATE (9:35 a.m.): Prosecutor Steve Schleicher questioned Sgt. Jody Stiger, a use-of-force expert from the Los Angeles Police Department. Stiger was the first paid expert called by the state. On Tuesday, he called Derek Chauvin’s use of force against Floyd “excessive.”
On Wednesday, Stiger testified that Chauvin’s knee restraint against George Floyd on May 25 lasted 9 minutes and 29 seconds. He noted that Chauvin’s left knee was on Floyd’s neck and his right knee was on Floyd’s back for the duration of the restraint. Stiger added that because Chauvin’s feet were spread on the ground, most of his body weight was pressed down on his knees.
Stiger told the court that it’s been long known to law enforcement that restraint in the prone position carries the danger of positional asphyxia. Stiger noted that positional asphyxia is possible even without added body weight.
Stiger’s testimony was contrary to Lt. Johnny Mercil, a use-of-force trainer for the Minneapolis Police Department, who testified Tuesday during cross examination that Chauvin’s left knee was placed, at least for a time, between Floyd’s shoulder blades. Such a position was shown in court to be similar to one Minneapolis police are trained on, specifically for handcuffing people in the prone position.
Stiger also noted that he saw Chauvin use pain compliance techniques on Floyd’s hands while he was lying prone. Prosecutor asked what the point of using pain compliance techniques if someone has no opportunity to comply.
“At that point,” Stiger said, “it’s just pain.”
WATCH: LAPD use-of-force expert Sgt. Jody Stiger describes the positioning of Derek Chauvin’s knees during the “restraint period” of George Floyd.
WATCH: https://t.co/nHYrdo9ksK
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MINNEAPOLIS (WCCO) — The trial of Derek Chauvin, the former Minneapolis police officer accused of murdering George Floyd, is set to continue Wednesday with more testimony from Sgt. Jody Stiger, a use-of-force expert from the Los Angeles Police Department.
The eighth day of testimony is scheduled to resume around 9:15 a.m. Stiger, a paid expert for the defense who has reviewed all the body-worn camera footage in the case, is expected to take the stand again and be cross examined by Eric Nelson, Chauvin’s attorney.
RELATED: Officer Who Trained Chauvin And LAPD Use-Of-Force Expert Testify
On Tuesday, Stiger testified that while Chauvin and the other former officers were justified in using force against Floyd on May 25, Chauvin’s pinning Floyd down for nearly 10 minutes while he was lying prone and handcuffed was “excessive.” He said their use of force should have changed once Floyd was on the ground and no longer resisting.
“At that point, the officers, ex-officers I should say, they should have slowed down or stopped their force as well,” Stiger said.
WCCO-TV’s continuing coverage of the trial will be streamed on CBSN Minnesota. Jason DeRusha will anchor the coverage, and criminal defense attorney Joe Tamburino, who is not affiliated with the case, will provide expert analysis.
RELATED: Watch Gavel-To-Gavel Coverage Of The Derek Chauvin Trial
Chauvin is charged with second-degree murder, third-degree murder and manslaughter. Prosecutors have told jurors that they should believe what they saw in the widely-seen bystander video of Floyd’s arrest, in which he repeatedly told Chauvin he couldn’t breathe and begged for his mother in his final moments. Last week, the jurors heard days of emotional testimony from citizens who witnessed Floyd’s arrest, including the teenager who shot the viral video, Darnella Frazier. She told the court she started recording that evening because “it wasn’t right, he was suffering, he was in pain.”
The defense, on the other hand, is arguing that Floyd died of underlying health conditions and because he ingested pills containing methamphetamine and fentanyl just before his arrest. They say that Chauvin was doing what he was trained to do, although that’s been disputed by a number of Minneapolis police officers over the last few days of testimony, including Minneapolis Police Chief Medaria Arradondo.
RELATED: As They Prepare For Autopsy Photos In Court, George Floyd Family Offers Public Prayer
Earlier on Tuesday, Lt. Johnny Mercil, a use-of-force trainer for the police department, testified that Chauvin did not follow police policy that requires officers to move someone out of the prone position once they stop resisting arrest. Failing to do so risks positional asphyxia. “There is the possibility and risk that some people have difficulty breathing when their handcuffs are behind their back and they’re on their stomach,” Mercil said.
However, under cross examination, Mercil testified that he never saw Chauvin use a proper choke hold against Floyd. When viewing still images of body-worn camera footage, he agreed that Chauvin’s knee appeared to be placed, at least for a time, between Floyd’s shoulder blades, with Chauvin’s shin over Floyd’s neck. Such a position was shown in court to be similar to one that Minneapolis police officers are trained on, specifically for handcuffing people who are on their stomach.
RELATED: George Floyd’s Family Often Seen In Court During Derek Chauvin’s Trial
Before testimony on Tuesday, Judge Peter Cahill heard motions about whether Floyd’s friend, Morries Hall, will be called to testify in the case. Hall was with Floyd in a vehicle outside Cup Foods before he was arrested for allegedly trying to buy cigarettes with a fake $20 bill. Hall has threatened to invoke his Fifth Amendment right against self-incrimination. In court, his public defender, Adrienne Cousins, argued that if Hall testifies, he could face charges of third-degree murder.
In response, Cahill ordered Nelson, Chauvin’s attorney, to draft questions for Hall and his attorney to review this week. The judge believes Hall could testify to Floyd’s condition in the vehicle before officers arrived without incriminating himself. A decision on whether Hall will testify — or perhaps be granted immunity — could come as soon as Thursday.
Last week, Floyd’s girlfriend, Courteney Ross, testified that she and Floyd would buy drugs from Hall. She said they did so as recently as a week before Floyd’s death. Ross also testified that there was another drug dealer in the vehicle with Floyd and Hall when police arrived on the scene.
So far, the trial appears to be moving along as expected, perhaps even ahead of schedule. On Tuesday, the defense says they have witnesses scheduled to appear in court early next week. That means that the prosecution is on pace to rest and finish their case by then.
Source: CBS Minnesota
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