>> if you look again, five months after the second dose, and look under omicron, the red circles, nominal, in other words virtually no degree of neutralization protection. again, one month after the third dose, it goes well within the protective range. we are in the situation where now we're facing a very important delta surge and we're looking over our shoulder at on oncoming omicron surge. the optimal protection is fully vaccinated plus a boost. >> fully vaccinated plus a boost. meantime another top health expert is warning the u.s. is about to face a viral blizzard in the coming weeks. the white house said the u.s. is now averaging about 119,000 new cases a day. new yorkers waiting in long lines to get tested, a scene playing out in a number of areas around the country. as millions of people prepare to travel for christmas and new year's. kyung lah has the latest for us. >> reporter: america's covid time warp. long testing and vaccination lines from miami, to massachusetts. in new york city, the positive rit rate has doubled in just four days. a city health adviser tweeted, we've never seen this before in nyc. store shelves for rapid tests sit empty. all echoes of the past. people here waiting more than an hour to be tested as omicron reveals its rapid spread. >> this is after coming yesterday twice and then not being able to get tested here. >> this is a whole new animal. and we got to be honest about the fact that it is moving very fast and we have to move faster. >> reporter: the past is prologue as new york's mayor redoub redoubles restrictions and may square back the new year's eve celebration. hockey played to empty stands and nfl and nba increasing covid protocols. this is all in response to deaths increasing in nearly half of u.s. states, up sharply in seven. that is an increase of 8% from just last week. in new orleans, the mayor responded to the alarming numbers expanding requirements to children. >> we will require proof of vaccination or a negative test at bars and restaurants and other locations for everyone. ages 5 and older, children ages and 5 to 11 will be required to s show proof of at least one vaccine dose. >> we're looking at a winter of severe illness and death for the unvaccinated. for themselves, their families and the hospitals they'll soon overwhelm. >> as with previous surges, the unvaccinated are filling hospitals. as weary doctors warn they are exhausted and losing staff. >> the reality is you can't -- you can't just create humans to provide that care and staffing is a challenge everywhere. >> reporter: adjustments to large gatherings are being made by the day. we are now hearing from radio city music hall who has canceled shows today and into today of the christmas spectacular. if you are familiar with that famous show, it is a one involving the rockettes and radio city music hall is citing breakthrough cases as a reason why it had canceled today. >> the lastest show. we know other broadway productions down the street from radio city dealing with it this week. tank you. here in new york city, de blasio so the omicron is in new york city in full force. so what about the rest of the state. joining me now the governor of the state kathy hochul, you just warned the covid-19 surge is in a tweet and up nearly 60% in the past two weeks. do you have a sense of how much of that surge is delta and how much is omicron? >> well that is an excellent question. we're relying on what cdc said it the average of cases that develop 13%. the problem is we know that we've gone from 50 to 250 omicron cases confirmed with a sequencing takes time. it has to go to specific labs sox we don't have a real handle, nobody does on those numbers. other than they're going up exponentially. so at some point they'll probably overtake delta as the primary driver of our cases. but the silver lining is we're not seeing consume at hospitalizations and if people are boosted they're not going to be as sick and that is the life saver that we didn't have the first go around over two years. >> the hospitalization really, that is a number that we need to focus on perhaps sometimes even more than new cases because it tells us how much severe disease is out there. here in new york state, an indoor mark mandate went into effect and i see the signs where i live in the suburbs. you have had some pushback. some doan agree with the mandate or will not enforce it. have you sh any issues at this point with that mask mandate? >> well, as you said, we've had a number of elected officials who don't follow what i agree is an oath of office we all take to protect the people of our state. so they choose not to. but they have to look at what is going on in their own hospitals and people getting sick that they represent and i hope everybody will come around to realize that even people would are vaccinated should still be wearing a mask right now because as we're seeing more breakthrough cases. not that you'll be that sick and that is the good news. but people will still have to quarentine and make other decisions. so we hope that they come around. but this is actually self-enforcing. we're asking the residents of new york state and the business owners to follow this because we think this is the safest wy for number one to keep people safe, number two, i want to keep the economy open, our small businesses and where people gather, they can't take another hit and that is why we thought this was a reasonable accommodation that you either have a mark mandate or a vaccine mandate, trying to be flexible with the business community, because they're getting crushed once again. we don't want to see that happen. >> you're planning to reassess on january 15th. what would it take for you to get rid of that pmandate? >> serious decline in the number of cases. we're watching the numbers closely. we did this in anticipation of the spike to prepare people for this. we think this will avert more people getting sick and we do hope that everyone will really comes around and realizes this is a simple very minor institution. and all of the children in the state are wearing masks since the beginning, it is not that big of a deal. it will help save lives, keep health a and that as all we're asking for. there has been some pushback but they think it is important. >> across the country there are long lines not just here in the city, but all over the country frankly as people are getting ready to travel for the holidays. i've tried a number of times to pick up the rapid tests in the cities or suburbs, i can't find them anywhere. you're developing a portal so new york state residents to sign up to have a test sent to their house. whether is that going to be implemented and who going to be eligible for those tests and how are they paid for? >> well, we are micro targeting the zip codes in areas where people are not -- we know exactly where the vaccination rates are low. so we will be having this to people with high vaccination areas, we want to let them know their in a much better place. but the people not getting vaccinated, we're going to target those zip codes. >> but you're not just to going to -- >> no, we're looking at two approaches. we want to make them available to new yorkers, we just ordered a million new test kits, they've arrived and we'd like to see them used in schools an universities in particular but we have them available. we have another million coming next week and another million after that. so we're going to continue to ramp up our state inventory but in the areas where people are seeing a low percentage of vaccinations and some counties have 47% vaccination rate, which is crazy. but it is the truth. we are actually going to ask people to do the right thing and if they test positive to stay home. if you won't get vaccinated and for whatever reason and we don't agree with that but we want to make sure you don't spread it to other people. but with get over 100,000 people boosted yesterday so the booster shots are kicking in. get that booster shot and then -- if you wear a mask you'll be fine to gather over the holidays. >> let me circle back on the tests. so they're not going to be sent. you're focusing on where there is a high number of cases and lower vaccination rates but not sending this em to every house. what if somebody is boosted and vaccinated but they are still seeing a rise in cases and they want to sign up to get a test. will they not be eligible? >> we have to look at our inventory. we have 20 million new yorkers and we know who has been vaccinated and boosted. we know them. we have the data base of those individuals. when we have sufficient supply of course we'll make thaem them available but right now the key is people are most likely to get severely sick and die in a lopt are the ones that are not vaccinated and at left getting this tests so they doan show up to work and spread it to other people. >> a couple of points before we run out of time. we heard from dr. rochelle walensky talking about this test program that worked well in pilots and in schools and i believe it was los angeles county and in illinois. is that something that new york state is looking at, are there both the tests available and the funding available for districts around the state to be able to use that approach? >> yeah, so we surveyed all of our schools to ask them to do this, over 700 school districts an the majority of them have been offering tests in school. we've been providing the resources to make that happen and saying that we want to keep kids in school. we want to keep kids in kindergarten up through college. >> can you provide toz tests though? as opposed to just testing, my kid goes to public school and they get tested once a week in new york. but if they're doing this test to state program, it could be tough to get a test when you need one for a child. it takes a while to get the results. so could you provide additional tests, is that how it would work. >> we're trying to hard to get the inventory to do that and i don't want to have parents have to have pay a cost. some are paying for the pcr test, $125 and i said that is not right and we stopped that. and we said we're going to change the requirement to a rapid test which is less expensive. they're about $10 available. we also make sure that the insurance companies cover the cost of that as well so we absolutely drive down the cost of -- not having to bear the cost for their children to safely stay there school and be educated. >> when you look at what is coming, holidays on the horizon here, people are especially looking forward to get together this year because they couldn't last year understandably. do you think changes need to be made to the time square celebration for example here in new york city, are you concerned? >> well the mayor has already spoken on this and we support what our localities are doing and he'll make the right decision. everybody right now has to be vaccinated in order to participate in these outdoor celebrations so that is a requirement already there. but we -- this is changing so quickly. the numbers are going up exponentially by day how many more cases. we went from 8,000 cases to 21,000 since monday. so i think it is fair for the leks officials to assess the situation as it unfolds but my objective is to keep people safe and not shut down our economy. it is critically important that we don't hurt the small businesses and the culturals and the event venues that took such a hard hit during last 20 months. we want to keep them going because they could have protocols in place, require vaccines and in some places will determine that fully vaccinated means you are boosted. we have to work on that as well. and the masks make a huge difference as well. it is not a big deal to wear a mask. we're asking people to follow that simple rule and keep their semz and their families. >> wie're out of time. but you said fully vaccinated and boosted. would you like to see that definition of fully vaccinated changed to include a booster shot in. >> well we're working on that right now and the only complication is that some people got vaccinated in the last few months, following our mandate that all health care workers be vaccinated. a lot of them waited until the last minute. they're not eligible to be boosted. you have to wait a certain amount of. so that is a little bit of complication. people that are eligible, we want them to do it but in terms of requirement we have to adapt to that flexibility required but we'll get it done. >> governor, appreciate your time today. thank you. >> thank you. in michigan, covid hospitalizations are at the highest level since the start of this pandemic. and with each day the worry grows that hospitals would very soon be overwhelmed, especially as we're seeing more of this highly transmissible omicron variant which has been identified in the state. dr. robert davisson is an emergency room physician and it is good to have you back with us. you have been passionate and so honest from the very beginning about the challenges that you have faced, specifically where you are. you wrote a "new york times" op-ed last week and you talked through the issues that you're seeing. today we heard jeff zients say this is not a moment to panic because we know how to protect people. would you agree with that assessment in. >> i think it is true. the reality, and i've been doing emergency medicine 20 years, panicking never helps anything. if you freak out, that doesn't make us safer or less likely to get sick. we need to do the things that we've been saying all along, however. you know, people need to get vaccinated and get boosters and people need to wear masks when their inside and try not to be around other people who are unvaccinated, even if you are vaccinated. because it just increases your risk of those breakthrough cases. unfortunately in my county, i heard the governor saying that some have a 47% vaccination rate which is crazy. i work in a county that is around 43% or 44% vaccination rate and that is not that uncommon in this part of michigan that i work. and so, yeah, we have to keep saying and doing the things that we've been saying an doing and hang on for dear life. >> so you have a vaccination rate, well i would say well under 50%. just above 40%. but the majority of your patients are unvaccinated. they're coming in with covid. i know you have talked yourself blue in the face and tried everything can you to use the facts to tell people where vaccines are so important and this is a community where people know one another. you may know a lot of your parents that are coming in. are you sensing that anything is changing at this point? >> not really. unfortunately the disinformation streams are as strong as ever. whether it be rfk jr. and his anti-vaccine propaganda or the folks on fox news undermining or just facebook groups creating little silos and echo chambers where people get their already kind of disinformation prejudice reinforced on a daily base. so we need to do a lot more to stem those streams of disinformation. so that folks like me, my wife who is a family doctor in the area, folks that are just trying to help our community, so our information can break through because unfortunately we almost don't have a chance whether they're inundated on such a regular basis. >> and i know so many around the country are understaffed and over worked. we heard from michael osterholm, take a listen. >> i think we are about to experience a viral blizzard. i've been very concerned about the fact that we could easily see a quarter, a third of our health care workers quickly becoming cases themselves, this virus is not going to eliminate the transmission to those who are health care workers. its going to keep going. >> is there a concern that we get to the point where there are certain pockets of the country, certain areas where there may not be enough health care workers, healthy hurricane workers to care for the influx of patients. >> we're there. we're not there all at once but we are there in pockets. in our system we've been full or over full for four or five weeks now. our icu capacity throughout west michigan is at 140 to 150% of the usual. and that just means they've expanded icus, and they've crept into other units so now we have fewer in patient unit and have to pay two to three times normal rates to bring traveling nurses and in now there are a few pockets, so there is a supply of nurses working for two or three times the salary because it is lucrative. they'll come on do. >> that the concern is it hits in bigger areas and in a wider area across the country, those numbers of people who are able to in and even do it for two to three times the normal rate, that eventually just dpries up. so are you going to get lucky and be in a place where they have enough folks, i hope so. i hope for my patients that were there. but it isn't everywhere all at once. >> the reality is when you're overwhelmed as we know, when your overwhelmed with covid patients, there are other emergencies that may fall by the wayside. that is a concern. i wonder, when you have these conversations, when you're meeting people and again because you're in an area where so many people know one another. i aggrew up in a small town and know what that is like. we're seeing a spike if deaths, as people are losing their lives. is that getting through? >> i think when it happens to a close family member, yes. and again i'll go back to my wife as a family doctor has patients who have ended up in icu for weeks and weeks and see her afterwards an say now i want the vaccine. well the reality is they should get it and that is hopeful but now they're siblings who refused it are coming in and saying i think i want it too. we live in a not very dense population area. so people haven't been touched as of yet. but it is happening more and more. that may be our only hopech it is really unfortunate that people have to suffer before those around them will finally listen to what we've been saying. i'm hopeful that will get us far enough along that woe could avoid the system completely collapsing. but i think that hope is waning every day when he see more people come in and more people boarding and fewer beds available. it is the cycle that we're just going to get through it. i mean, we have confidence that we could provide the care we need. i just hope that the community can be understanding of where we are and know that when they wait for six hours to get in, it isn't because we're all on break or kind of twiddling our thumbs, we're trying to take care of the folks that came before them. >> i imagine there aren't that many breaks in your days. good to have you with us today. thank you. >> thank you. long time trump ally roger stone facing the january 6 smitty offering a fair amount of criticism, not such in the way of revelations. we'll explain. and in minutes cross-examination set to resume in the trial of former police officer kimberly potter. she's accuse of killing daunte wright during a traffic stop. we'll bring you that testimony whether it resumes. stay with us. music: ♪ “i got you babe” by etta james ♪ get groceries, gifts, & more fast and easy so last minute guests are the only thing you'll be waiting on ♪ ♪ joy. fully. >> man: what's my safelite story? 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yeah, hang on, i'm about to break my own record. yeah. only pay for what you need. ♪ liberty, liberty, liberty, liberty. ♪ to get you caught up on the investigation into the january 6 insurrection. roger stone asserting his fifth amendment right. and which was expected. but given what we've seen in the past with roger stone, i'm guessing there was more to it? >> reporter: yeah, erica, as always with roger stone, there is a bit of showmanship connected to this all, he wanted to make sure the cameras knew what time he was arriving and he offered up some theories as to why he thought that the committee had called him there front of them and why he chose not to answer any of their questions. by what is consistent with the committee here is that even if one of the subpoena targets suggested that they're going to take the fifth, the committee ro requires them to show up and answer the questions and after he wrapped up the interview, and it wasn't very long, stone told reporters that he took the fifth to every single question they asked him. now that is us taking stone's word for it. he's not observe someone who has great familiarity with the truth. but we have to assume that he did not provide them much information. now, we do know that there was another witness that appeared in front of the committee today and that person may be providing information that the committee is very interested in and that is caroline wren. she's not a house hold name but she was heavily involved in the raising of money and the staging of the event that took place on the ellipse on january 6. she's been behind closed doors for several hours answering their questions. so what this shows us, erica, is kind of the wide range of individuals that are coming before this committee. some of them very well known, big time trump supporters, may not be able to offer too much insight into what exactly happened on that day. others that are more behind the scenes involved in the details that could perhaps connect some of the dots that the committee is looking for. >> ryan nobles, appreciate it. thank you. a major legal blow to fox news, a delaware judge has refuses to dismiss a defamation lawsuit from dominion voting machines saying that fox may have flowingly pushed fraud claims of election fraud. oliver darcy is here. he's not dismissing the lawsuit so this sets up discovery. >> right. >> could it be that fox hosts and producers may have to testify under oath about those editorial decisions. >> this are two roads they could go down. fox can move to settle this lawsuit, which would be very costly for them. remember, dommininon is suing them for $1.6 billion. so if they did settle the lawsuit, not to say in a dominion would get that money, but they have to pay a lot of money to get this go away. the other potential is fox said they're going to defend themselves and go to court and that will set up the possibility for discovery and depositions and that could be very embarrassing for this network. we saw a nippet texts between fox hosts and mark meadows and that was during the insurrection and it showed what they were doing privately and saying publicly. you could imagine if dominion gets their hands on all sorts of private communications between executives and hosts and producers, it could potentially be very embarrassing for the network. so another option very good for fox. >> there has been a number of blows i guess for fox news. what it has done in most of the cases this week, is really highlighted the misinformation and this altering of facts in a number of cases. you would think that dominion, which is trying to hard to cleave its name as a company would want to -- would not want to settle. would want to push forward. >> it is possible that dominion will say thanks but no thanks. we want to go to court and clear our name. and that would maybe be in their interest publicly. because if they do settle it will probably come with limitations with that they could say and they might want to go forward to court and really pummel fox publicly in the court system. >> does it have any impact on fox this we're. >> i think it is a terrible week for fox. you lost chris wallace, they lean hard on the conspiracy and they say we have chris wallace and point to him as a sign of credibility. they can't do that any more. and then fast forward a couple of days, they the text messages which were embarrassing for the network that were released in the january 6 hearing and then smaller stuff, they had a anti-semitic cartoon they have had to take down. so a bad week for fox news. >> well we're happy chris wallace is joining us. so that is a good thing. nice to see you. thank you. former police officer kim potter on trial for fatally soo soo sooting daunte wright, set to get back on the stand in minutes. in just a few minutes we'll be live with you at the courthouse in minutes. hey, angie! you forgot your phone! hey lou! angie forget her phone again? 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>> i haven't seen his report. >> would it refresh your recollection to see his report? >> yes, please. >> may i approach your honor? >> you may. >> did you have a chance to look at that miss potter? >> yes. and did you see the portion where it explains when asked by this examiner why she decided to draw her taser, officer potter states i don't have an answer, my brain said grab the taser. do you recall that. >> i don't recall it but it is in his paperwork. >> so, on april 11th, you reached out and drew your weapon, right? >> yes. >> and you said taser, taser, taser, so officer lucky and sergeant johnson would disengage, right? >> yes. >> and they did disen greige, didn't they? they let go of daunte wright and stepped back. >> according to the video. and after you so the daunte wright, you said hit, i just shot him. i grabbed the wrong -- gun and i shot him and i'm going to go to prison and i killed a boy. you said all of those things, right. >> i don't remember. if that was in the video, that is what you said, right? >> yes. >> and you said that there are a lot of things that you don't remember, and that on direct you testified that your memory came back when you saw her husband that day. but didn't you tell dr. miller that you remember seeing the gun in your right hand? you said that, right? >> i don't remember, my interview with him i was distraught. i wasn't in a good place. >> after you shot daunte wright, you didn't behave like someone who had just saved sergeant johnson's life, did you? >> i was very distraught, i just shot somebody. i've never done that. >> you never asked sergeant johnson if you was okay. >> i don't remember the conversations. >> and you didn't check in on him at all, right? >> i don't know. >> well you saw the video, when sergeant johnson said to you the line, that guy was trying to take off with me, you didn't bite, right? you didn't respond to that at all, did you? >> the video, i was crying, i was in shock. >> an he was trying to make you feel better, aent he. >> objection. >> the objection is sustained. >> well he didn't remember saying it, right? you heard that testimony? >> yes. >> and you don't remember him saying that, right? >> no. >> and you didn't say anything like thank god i shot that guy and saved your life, you didn't say anything like that. >> objection, argumentative. >> the objection is overruled. >> and you didn't say that, right? >> no. and you didn't ask sergeant johnson anything except to call chuck. >> i don't remember when i asked him. >> that would be on the video, right? >> yes. >> you would agree that as a police officer you have the duty to render aid and communicate information to other officers, right? >> yes. >> and as part of your job to assist those who are hurt or injured, true? >> yes. and to communicate to other officers what you know about a particular scene, right? >> yes. >> give them whatever information you can to help them do their jobs to help render assistance, things like that? right? >> yes. >> but you didn't do any of those things on april 11th, did you you? >> no. you s . >> you stopped doing your job completely. you didn't communicate over the radio, right? >> no. >> you didn't make sure any officers knew what you had just done, right? >> no. >> you didn't run down the street and try to save daunte wright's life, did you? >> no. you didn't check on the other car that had been hit, did you? >> no. >> that all happened just down the road from you? >> yes. >> and you were focus on the what you had done, because you had just killed somebody. >> i'm sorry it happened. i'm sorry. >> miss potter, from your reaction today, and from your reaction on your video, you didn't plan to use deadly force that day, did you? >> no. >> you didn't want to use deadly force, did you. >> objection, relevance. >> the objection is overruled. >> no. no. >> because you knew that deadly force wo was unreasonable and unwarranted in these circumstances. >> i didn't want to hurt anybody. >> you didn't want to hurt anybody. >> no. >> and that is why you said i'm going to go to prison. >> i don't -- >> asked three times now your honor. repetition. >> all right. the objection is sustained. >> miss potter, you know the difference between left and right, don't you? >> objection. she's asked that before, it is argumentive. >> it is not asked. >> the objection is sustained. argumentive. >> nothing further, your honor. >> miss potter, do you need a break? >> no. >> okay. >> just going to ask you a few questions. do you remember your visit by zoom with doctor miller? a little bit, at least? >> we had a zoom interview, yes. >> okay. and that was miller in florida, correct, as far as we know. >> yes. >> and you and me were in my office, correct. >> yes. >> and that is the first time that you had ever seen any of the video, correct? >> yes. >> and were you able to watch it? >> no. >> and you did tell mr. miller that when write pulled away and got back into the driver's seat of the car, which was still running, potter, that is you, could observe johns and lucky struggling over the console and it appeared that johnson was trying to prevent write from putting the car in drive. >> objection, leading. >> it is overruled. >> if you don't remember that because it was a while ago i could show it to you to refresh your memory. >> i don't remember. >> may i approach, your honor? >> you may. >> read to yourself, miss potter, last sentence of the second to the last paragraph. does that refresh your memory as to what you told him? >> yes. >> and did you tell him that? i didn't hear you. >> if it is in there, i must have. that day is so blurry. >> did you also tell him that you yelled taser, taser, taser so yu partners would disengage from wright? >> yes. and just a few more questions here. would it be routine thinking back when you were a law enforcement officer for 26 years, would it be routine for you to unsnap your holster on the way to a car. >> no. >> and why not. >> i'm only 53, if i'm in a fight i could lose my gun. >> did you ever in your career shoot your gun at anybody? >> no. >> did you ever shoot your gun in real life during your career? >> no. >> and did you ever shoot your taser during your career. >> it was never deployed. >> is that what it means? >> yes. >> and that would be real life, that would be when you have to use those weapons that would mean it is an emergency -- >> objection. >> sustained. >> sorry, thank you, judge. what would that mean if you had to shoot your weapon? >> that i might kill somebody. >> when you three law enforcement officers, and excuse me, by the way, as far as reporting this shooting, would it be sergeant johnson, your boss would be the one that would be required to do that? >> objection, leading? >> rephrase it. >> who would be required according to policy to report the shooting. would it be the shooter or the other person who was in charge there? >> on that, it would have been sergeant johnson. >> because he was your supervisor, correct? >> yes. >> and now i have a couple more questions. if you stopped a vehicle in brooklyn center and you learn tad there was a bench warrant for a weapons violation, you learned there was a temporary restrainting order a female has lodged against the person that said he was in the car, that gave his -- but he did really -- did mr. wright ever give a valid identification for himself? >> no. >> and the other officer, now you've got no ballot information, you have a gross misdemeanor and a temporary restraining order. you have marijuana smelled by your partner. you got no license, no insurance, would you let that car go if you went up to it and were attempting to handcuff the individual and the car and he jumped back in, would you have thought you should let him go, ride down the street? >> no. >> talk about the restraining order. if you learned there was a temporary restraining order, is it protocol, is it policy toseno the car and ask the lady what her name was? has that ever been heard of in police practice that you've hear d of? >> no. >> thank you, ma'am. that is all i have. >> is there any recross? >> yes, your honor. >> miss potter you were asked about some statements that you made to doctor miller on redirect. right? >> yes. >> you also told dr. miller that you resigned on april 12th to protect your police family, right? >> objection, recross-examination and -- >> your honor, statements are at issue. >> i'm going to overrule the objection and you may answer that. >> you told him that, right? >> can you repeat the question. >> you told dr. miller that you resigned on april 12th to protect your police family, right? >> if it is in the report, yes. i haven't seen the report except today. >> well if it is in the report that you also said that they're there are very important people to you, would that be accurate? >> yes. >> you have a very close relationship with the police officers, other individuals you work with or used to work with at brooklyn center, right? >> some of them. >> sergeant johnson is a good friend >> your honor, i object. this is outside the scope. >> the objection is sustained beyond the scope. >> you also told dr. miller that you don't make mistakes, right? you told him that? >> if it's in the report, yes. >> and you told him that you don't want to hurt or injure anybody? right? >> right. >> but you mentioned to dr. miller your relationship with the individuals that you work with, right? >> yes. >> and that was very important to you, right? >> yes. >> you advocated for their interests in a lot of settings, didn't you, for the people that you worked with? >> i advocate for everybody. >> you had a very close relationship with them? you referred to sergeant johnson as a rock star, haven't you? >> i don't know when i would have done that. >> nothing further, your honor. >> go ahead, mr. gray. >> in all of your years there as experience in all of the patrols that you've conducted, did you have to rely on your partners for assistance anytime you did a stop or an investigation of any nature? >> yes. >> and that would be the family of the police department at brooklyn center, correct? >> yes. >> and they were your second family, weren't they? >> yes. >> as far as complaints, in the 26 years that you were a police officer, did you ever have one citizen complaint? >> objection, your honor, to the sc scope. >> the objection is sustained beyond the scope. >> i have no further questions. >> any cross? >> no, your honor. >> you may step down. >> thank you. >> defense rests. >> so you've just been watching testimony from kim potter who, of course, is accused of killing daunte wright during a traffic stop in april. joining me now elie honig, and professor at brooklyn law school, it's good to have both of you with us as we're watching this trial. you know, full disclosure, elie i was texting you some questions earlier, the main question most people have whenever they see a defendant take the stand is was that the right move? based on what we saw, a very emotional kim potter. was this smart? >> i don't think so, erica. i think overall that went quite poorly. on one hand she did manage to humanize herself to portray herself as not just a police officer but a mother and a wife and a real human being, and they managed to get through this idea that she does not have some sort of bad record. she's not a loose cannon, she had no complaints about her, and she never discharged her weapon. on cross examination, a couple of big problems, the prosecution really slowed down the case, the actual incident, and i think showed the jury that kim potter made a series of mistakes, one on top of the other. really, when you add them all up, i think the argument are from the prosecution is inexcusable, negligent and reckless, and that's what they need to show here. also, the other thing that was really important on cross examination, the prosecutor exposed a big discrepancy in kim potter's statement. she showed kim potter, you testified to this jury that the reason you tried to tase daunte wright is because you saw this scared look in your partner, officer's eyes. however, it turns out kim potter said something very differently to the doctor back then. she said i don't know why i reached for my taser. that's a big discrepancy, ask that really hurts her credibility, and that's going to stick with the jury. >> it's interesting as we watched in this prosecution, we were watching most of the cross examination, she was very specific in talking about you were focused on what you had done, even in those moments after. that statement about i saw the fear in the officer's eyes. that's why i reached for my taser, but then the prosecutor went through, well, what did you actually do in those moments afterwards? >> exactly. as elie pointed out, on direct she said i've never seen fear like that and in dr. miller's statement shortly after the event, we see that there was not actually imminent fear of life, and that's the kind of force -- or the fear that's required for the use of lethal force. it's either she believes that an imminent threat to her own life or to bystanders including her colleague officer johnson. and we didn't have that here. the other thing i want to stress is this idea about fear, about the imminence of fear, we cannot divorce that from the fact this is a young black motorist, and not just with law enforcement but society at large. there is a presumption of criminality and dangerousness when people encounter black people, and we can't not think about that in this case, and so that's something that is playing on the minds of everyone in the courtroom including jurors, and i also want to underscore the fact that even though we have officer potter displaying great emotion during his testimony, she can be sorry. she can feel bad. she cannot mean to kill someone but specific intent is not required here, only recklessness and negligence because we have here charged first and second degree manslaughter. >> as we look at this, i think you make suffich a great point about her saying i saw the fear. this fear of young black men. the reality too is she's a police officer with decades of experience. that also has to figure in, right? when you're looking at the actions and the decisions that were made, do you think that was drilled down on enough? >> it was, and that's the risk she has with opening herself up to cross examination is that we saw the prosecution here really focus in on the fact that she has 26 years of experience, almost two decades of experience using a taser. we know that she holds -- she carries her taser on her non-dominant side, which is her left side and the gun on the right side. a gun, a 9 millimeter weighs over two pounds, a taser weighs less than one pound. that's not something that an experienced officer makes mistake on. >> this is a lot of what we heard too, not just the different in size and placements, the certifications, what this looked like through the years. so much of this, it was interesting, looking at notes from our pool reporters, the pool report is that the jury really perked up when she began to testify about her recollection on the day of the shooting. is there anything that we can read into that? >> yeah, erica, that's really the heart of the case. it's not so much about her prior 26 years. it's about those crucial moments, and i think the prosecution did a good job of slowing it down. you had all this training. you reached for the wrong side. you grabbed an object which is very different in ways professor hogue just laid out from a gun, and another thing that can happen sometimes, i think with e just saw it, sometimes in trial practice the witness himself or herself can be your best exhibit, your best demonstration. kim potter kept on breaking down during her own testimony, during the cross examination, she just could not keep herself together, and what that i think conveys to the jury is sort of the essence of the prosecutor's case, which is panic. this is a person who got in a stressful situation then during the traffic stop, now on the s stand and just freezes up and can't control herself and can't conduct herself appropriately. if i'm arguing this case to the jury, i'm saying you saw it, ladies and gentlemen, on the stand, you saw a person who's not equipped to deal with a stressful situation, and that's the negligence and recklessness that's charged here. >> this is another case where we talk so much lately in these cases that we are all following that we are all watching about the importance of video evidence, in this case audio evidence as well as we hear her in those moments afterwards. how important has the evidence been specifically in this case in terms of slowing things down? as both you and elie have pointed out and painting that sort of minute by minute or really second by second picture? >> they're critical. and we have body cam footage i think from all three of the officers and it's been displayed and enter into evidence. we're seeing different perspectives. we're seeing actually the hands of officer potter, and she's reaching clearly holding onto the wrong weapon, and when you see visual displays of evidence like that, it's often much more impactful on a jury than the verbal recitation, the recollection, we see already that her memory is not really tight on what happened. she says, you know, everything sort of went black. it didn't return to me until my husband came back and visited me afterwards and so this sort of video evidence is critical. >> you said you were surprised. i'm paraphrasing there because i don't remember exactly your reaction. basically you were surprised they put her on the stand, she was perhaps not a great witness. what do you think the calculus is? is it perhaps the defense attorney knows she's going to be emotional and there's a hope that that makes a connection in some way with the jury? >> yeah, i think that's essentially the calculus here. anytime a defendant takes the stand in his or her own defense, that will become the pivotal moment in the trial, and i think that's the case here, and i think the hope was let's humanize her. let's let the jury see her as a mom, as a spouse, as a human being. it's much, much harder to convict a human being who you've seen and heard than just the defendant. that said, i think all the other factors really sort of back fired on them and i don't know how sympathetic she became. when you cry every time you're asked any significant question of substance, i think it gets old with the jury, and again, i think it shows a sort of lack of control, a lack of precision. also, again, that discrepancy that the prosecution exposed in her testimony, they are now titled to include that she was untruthful in key aspects of her testimony. that could be really damaging. >> we will continue to watch. the defense rested in the trial of former police officer kim potter. elie, alexis, really great to have you both with us today. thank you. >> thank you. top of the hour here in the cnn newsroom, i'm eshrica hill. today a top health expert is warning the united states is about to face a, quote, viral blizzard. that warning comes as the omicron variant is spreading rapidly across the country. ow