they tried to first, you will learn when you meet them, to intercede on what was happening with their voice. they tried to interject, to exhort, to please stop. just with their voices because something there was concerning to them. and when that didn't work you can see any number of them pulled out their cameras to document what was happening. such that it would be memorialized, such that it would not be misrepresented. such that it could not be forgotten. what we'll see this morning will be the footage taken from one of these bystanders in just a moment. and you will learn with respect to these bystanders that none of them knew who george floyd was. they didn't know his history or anything about him. they knew that they came upon an individual that they saw was in some serious distress under the knees of mr. chauvin and it alarmed them. let me show you what the scene looks like just briefly. here in minneapolis this take place at the intersection of chicago avenue and 38th street at cup foods. if you can see the image of a squad car on chicago avenue, that is ultimately where mr. floyd was being restrained on the ground under the knees of mr. chauvin. we will spend quite a bit more time with this map during the trial but just for now i wanted to try to set the stage for what you are going to see. so with that, i'm going to show you the video evidence. i think it will be very helpful and meaningful to you because you can see it for yourself without lawyer talk or lawyer spin or lawyer anything, you can see it for yourself. [george floyd speaking] >> he is on the ground. >> please, please, please, i can't breathe. please, man, please. oh, oh, oh, please, man. i can't breathe. >> you've got him down, let him breathe at least, man. >> i'm trying to help out. let him breathe, man. >> i can't breathe. >> what do you want? >> i can't breathe. please. i can't breathe here. >> get up and get in the car, man. get up and get in the car. get up. get in the car. >> i can't breathe. my knee. >> i know you are in there. listen. >> my stomach hurts. my neck hurts. everything hurts. please. please. oh, i can't breathe. i can't breathe. >> you get off him. >> his nose is bleeding. look at his nose. >> get your knee off his neek. you have your feet on his neck. >> i cannot breathe. >> he is a tough guy, huh? he isn't resisting arrest. >> he ain't doing nothing? >> put him in the car. >> how long do you have to hold him down? [several people talking] >> his nose is bleeding. >> put him in the car. >> that's -- his knee on his neck, bro. bro, -- see having trouble breathing. you don't think that's what it is. you don't think he understands that. that's bullshit, bro. that's bullshit, bro. he is stopping his breathing right there. >> i can't breathe. >> bro, you can get him off the ground. you can get him off the ground. you're being a bum right now. he is enjoying that shit. he is enjoying that shit. he is a fucking bum, bro. you could have put him in the car. he is not resisting it. you are enjoying it. you are a bum. >> get off of him. >> you know that's bogus right now, bro. you know it's bogus. you can't look at me like a man. he isn't resisting arrest. you are stopping his breathing now. you think that's cool? you think that's cool, right? oh, man, what is your badge number, bro? you think that's cool right now, bro? >> call the police on other police. >> you think that is cool. you are a bum for that. you are a bum for that, bro. you are stopping his breathing right now. what are you doing right now, bro? >> look at him. >> what is wrong with him? >> he got mace, he got mace. >> he cannot breathe. >> get over here. first of all -- >> look at him. >> get off him. >> he is not responsive right now. he is not responsive right now, bro. >> does he have a pulse? >> look at him. he is not breathing right now. bro, are you seeing this? is he breathing right now? check his pulse. check his pulse. check his pulse, bro. bro, check his pulse. you are bogus, bro. don't do drugs, bro. what do you think that is? you think you call what you are doing okay? you call what you are doing okay? no. bro, you think that's okay? check his pulse. check his pulse. the man ain't moved yet, bro. the man ain't moved yet, bro. bro, you are a bum, bro, you are a bum. you are definitely a bum, bro. >> tell me what his pulse is right now. >> he has not moved one time. go back in the store. go back in the store, bro, go back in the store. see not moving. >> i see that. i am trying to help you out. >> you don't need to help me out. i know your parents and you don't need to help me out. he is not moving now. he was just moving when i walked up here. >> bro, you just get back out here, bro. you just get back out here, bro. bro, he doesn't have -- he is not moving! >> did they kill him? >> did you 1087, 987, you are a bum. the first thing you want to grab is your mace because you are scared of minorities. you are a bum. >> three minutes, bro. he hasn't moved. >> he is dying. >> bro, he is not [bleep] moving, get off his [bleep] neck, bro. get off his neck. are you serious? bro, please. you are going to keep your knee on his neck? bro. anybody better not touch me like that. >> keep your knee on your neck? you are going to let him kill that man if front of you, bro? he is not even moving right now, bro. he is not moving. >> are you going to help us, bro? >> these people don't care, bro. >> you going to sit there with your knee on his neck. you are a real man for that, he is handcuffed, bro. you are a real man, bro. >> you aren't checking his pulse. you guys are -- okay, can i have your name tag? >> it don't matter. freedom of speech, browe. bro. >> i got this all on camera, watch out. you went to him. it's all set up. you went to him. [several people shouting] >> he is dead, bro. >> 9:29. nine minutes and 29 seconds is how long that went on. for half of that time mr. floyd was unconscious, breathless, pulseless. you are seeing the videos, ladies and gentlemen, that mr. floyd from time to time was heaving up his right shoulder. there was a reason for that. mr. chauvin was on his left side on the back of his neck. he can't move. his hands are behind his back. he is heaving up the right shoulder to get room for his room cage to expand to breathe. at this point you will learn he is pan caked with the hard pavement beneath him and mr. chauvin on top of him. in order to breathe you have to have room for the lungs to expand in and out and you will see mr. floyd doing his best to crank his right shoulder up having to lift up his weight and mr. chauvin's weight on top of him to get a breath for as long as he could get a breath and you will see and hear more about that during the trial. you will learn that a number of the bystanders there called the police on the police. genevieve hanson the first responder called the police on the police and donald williams, the young man who is very focal, security background, mixed martial arts background, saw the pressure that was put on the neck. he called the police on the police. but not only that, you are going to learn that there was a 911 dispatcher, her name is jenna scurry. she is going to come and touk -- taurk to you also. a police camera trained on the scene and she could see through the camera what was going on. you will learn that what she saw was so unusual and for her so disturbing that she did something that she had never done in her career. she called the police on the police, a 911 dispatcher. she called sergeant david klinker who will coming and testify. she called him to report what she saw because she found it just that disturbing. she will tell you that she felt that she saw a man literally lose his life. and you will hear her testify. now, i want to talk to you a little bit about intent. that is, what our evidence is going to be on the issue of intent. as i mentioned we are going to show you that the use of force here was excessive and unreasonable and not accidental at the scene. what mr. chauvin was doing he was doing deliberately. it won't come in with a sandwich board and says the evidence of intent and the back side says yeah, you saw it. we'll bring it to you, ladies and gentlemen, through the totality of all of the evidence. looking at all the evidence. you will, for example, hear from nicole mckenzie, the medical support coordinator for the minneapolis police department. she will tell you that the dangers of the prone position, putting people face down on the ground have been known about in policing for over 30 years and they train officers on it. she will tell you that citizens who are under arrest should never be put in the prone position except only momentarily to get them under police custody or control to get handcuffs on them. never left in that position. you will learn that mr. floyd was in handcuffs already and they didn't need to put him on the ground to get him into -- under police control. she will tell you that the reason you don't put persons or leave them in the prone position that way let alone with a man's body weight on top of them and let alone for 9:29 is because of the potential to ob straukt airways. you'll hear from the minneapolis police use of force training coordinator and will tell you about training mr. chauvin had received and he knows of no training that would suggest kneeling on somebody's neck as mr. chauvin was doing was proper according to minneapolis police department training. you will learn that officers are trained to avoid putting pressure on areas that are above the areas of the shoulder, on the spinal column, on the neck, on the head, and that to do that is using deadly force because if you are putting pressure or blows in those areas, you run the risk of seriously injuring the person or potentially killing them. it can be deadly force. they're trained not to do that. but above all, you know, the police are trained in the side recovery position. if you have to put somebody in the prone position to get them under the control, you turn them over on their side as soon as possible so you don't obstruct their airways by having them on their stomach where the lungs can't expand with the chest letting alone having weight on the back. put them in the side recovery position right away. and you will hear all about the importance of that. we'll bring you the evidence of all of the warnings that mr. chauvin would have received not just from george floyd himself but the calls and crying out from the bystanders. from the approach of the ambulance, from the paramedics and so on. all of whom did their part to encourage him to let up and get up. you will be able to consider that under the umbrella of intent. now i want to talk with you a second about the evidence on causation. the medical causation in terms of what was happening to mr. floyd while he was there on the ground. if i have to give this part of the evidence you will see i will tell you you can believe your eyes. you can believe your eyes. here is what you will be able to see for yourself. you will be able to see every part of what mr. floyd went through from his first crying out from his effort to move his shoulder to get his breathing, to get room to breathe. you will be able to hear his voice get deeper and heavier, words further apart. respiration more shallow. you will see him when he goes unconscious and you will be able to see the uncontrollable shaking he is doing when he isn't breathing anymore. the seizures from oxygen deprivation. you'll be able to see when he is going through agonal breathing, the dancing of the body once the heart stopped from oxygen deficiency. and you will hear and a loss of pulse. you will hear from a number of experts on the stand that putting a man in the prone position with handcuffs behind his back, somebody on his neck and back pressing down on him, nor 9:29 is enough to take a life. you will hear that also. you will also hear from other experts who will point to the significant evidence of the excessive force that was put on mr. floyd's body. you will be able to see, ladies and gentlemen, the road rash and the stripped off layers of his skin. the same with respect to knuckles of his hand trying to get room to breathe and pressing up. damage to his nose when he pressed his face into the pavement to try to get prove to breathe, ladies and gentlemen. you will learn the last 9 minutes and 29 seconds of mr. floyd's life. he was only alive for part of that period of time. but it matches the patterns of somebody who dies from an oxygen deficiency. we'll be able to point to the video evidence and you can see for yourself. you are also going to hear and see certain evidence of what this was not. this was, for example, not a fatal heart event. this was not, for example, a heart attack. you will learn that there was no demonstrated injury whatsoever to mr. floyd's heart as in a heart attack. you will hear evidence that mr. floyd had an artery in his heart that was partially clogged. you will learn that there was no damage to mr. floyd's heart from an inaccurate blood supply to his heart. that there was no clotting in his heart. you will learn that the medical examiner when he was examining mr. floyd's heart after he had died saw no evidence of heart injury and it was so unremarkable he didn't even photograph the heart. you will learn that this was not what is called a fatal arrhythmia. that the heartbeats rhythmically and occasionally the heart gets out of rhythm. and out of rhythm the heart just may stop. in the case of a fatal arrhythmia. when a person suffers that they stop and drop right there where they are. instant death. you will be able to see for yourself that mr. floyd did not die an instant death. he died over an extended period of time. doesn't at all look like the way someone dies from a fatal arrhythmia, an instant death. you will also learn that george floyd struggled with an opioid addiction. struggled with it for years. you will learn he did not die from a drug overdose. he did not die from an opioid overdose. why? you'll be able to look at the video footage and see he was nothing like a person who had died from an opioid overdose. opioid is a tranquilizer. when a person dies from an opioid overdose, what do they look like? they look asleep in a stupor. they never come to again. they simply pass away, opioid overdose. they are not screaming for their lives. they are not calling on their mothers. they are not begging please, please, i can't breathe. that's not what an opioid overdose looks like. now you will learn that mr. floyd has 11 grams of fentanyl in his system when he died. that's a fatal amount. what you have to learn is something about tolerance. for a person who has never been exposed to opioids or fentanyl that may be lethal for them. but for others who have been struggling with it for years they have a different tolerance level. you will learn that it is in the range that you will find in people who might receive opioids for cancer pain, for example. mr. floyd had lived with his opioid addiction for years and you can see on the video his behavior is not consistent who dies from someone from an opioid addiction. he was calling out for his life and struggling, not passing out. now you will also hear from a forensic pathologist. dr. lindsey thomas. what she does as a forensic pathologist, she studies body tissues on autopsy to determine the cause and matter of death. she did this over a 35 year career as a forensic pathologist. medical examiner forensic pathology work in 37 minnesota, we have. 7 counties in wisconsin. 5,000 autopsies and determined manner and cause of death in thousands of others. she is semi retired now and works as a consultant still in the field of pathology. she was one of the persons who helped to train the current hennepin county medical examiner, dr. andrew baker, when he was just getting started in forensic pathology. here is where dr. baker and dr. thomas agree as to the manner of mr. floyd's death and i will show you the findings from dr. baker. when he lists manner of death for george floyd, homicide. i want to explain to you when he uses homicide it is not the way he use it here in the courtroom. when a medical examiner says homicide it simply means a person died at the hands of another. that's what that means. i will show you what list is from and dr. thomas will testify about that. it means he died at the hands of another. what you will also learn that he was to the cause of death. cardiopull monetary arrest complicating law enforcement restraint and neck compression. i will translate that to english and you will hear it from dr. thomas. cause of death cardiopulmonary arrest. every human being on the planet has two things in common with every other human being. one is they're born and number two is they die of cardiopulmonary arrest. that just means the heart stops and the lungs stop. another way of saying death. so cause of death, death. involving law enforcement subduing george floyd, restraining him and compressing his neck. as the cause of death. as to how the injury occurred. george floyd experienced a cardiopulmonary arrest while being restrained by law enforcement officers. in terms of the manner of death it says homicide. here would be the standard list of the choices that medical examiners will look to in determining what the manner of death was. how the injury or disease leads to death is manner of death. dr. thomas will talk to you about this. five manners of death. natural causes, a heart attack is a natural death. a fatal arrhythmia is a national cause of death. accident, drug overdose is an accidental death, for example. car accident can be an accidental death. suicide, homicide, which is death at the hands of another. or undetermined. that if you can't tell which it is or what it is you indicate undetermined. here you will learn that dr. andrew baker and dr. thomas determined amongst these possible manners of death it wasn't natural, not accidental, not suicide, not undetermined, it was homicide. death at the hands of another. but that's not all that dr. thomas is going to tell you. she is going to tell you something about the limitations of pathology. looking at the tissues of persons after they've been deceased in trying to determine whether somebody died as a result of oxygen deficiency. because in over half the cases where somebody dies from insufficient oxygen and when you know they've died from insufficient oxygen there are signs in the body tissues and give you the example of somebody smothered bay pillow and die that way. you may see nothing in the body tissues but you know they died from oxygen deficiency because you know how they died. in this case you will hear that on autopsy they didn't see any objective things in george floyd's tissues but we have to look at all the evidence and we can see what happened at the scene. and we can see moment by moment that he had all the telltale signs of a person struggling and suffering from not receiving sufficient oxygen. she will say you have to look at all the evidence and we'll show you that objective evidence as we go through. so finally, i want to talk to you about some of the evidence that you will hear. some of the facts that do not excuse this excessive use of force but you will hear about them and we'll tell you about them. for example, you will hear that george floyd was a big guy. he was over six feet tall. every police conduct witness we bring to you on stand, every use of force expert will tell you that his size is no excuse for any police abuse. you are going to hear that he struggled with drug addiction and had high blood pressure and talk about heart disease and we'll tell you about that heart disease. that he had. what you will learn is that george floyd lived for years, day in and day out every day with all these conditions until the one day on may 25th when he entered the 9 minutes and 29 seconds and that was the only day he didn't survive. that's the only day he didn't come out again. you will learn that. it is not an excuse for what happened in the 9 minutes and 29 seconds. you will hear what happened earlier on the day on may 25th. you will be able to see how the police approached him in his vehicle over this fake $20 bill and you will be able to see how when they approached his car and came to his window within seconds they pulled out their guns and pointing it at his head and using foul language. put him right away in handcuffs and pat him down. know he doesn't have any weapons. not only that, you will be able to hear george floyd when he approaches the squad car saying he is terrified to be put into the squad car. you hear him say i think i'm going to die if they put me in there. i think i'll die if i'm put in the squad car. he was terrified. he says he was claustrophobic. let me count my way into the squad car and starts to count. she manhandle him and shove him into the car and you will see how he freaks out from that. you will hear him saying i can't breathe in the back of the squad car and we'll show you in the back of the squad car when mr. chauvin has his hands around mr. floyd's neck in the squad car and another his arm and elbow around his neck with when his head. pull him out of the squad car, put him in the prone position and when the 9 minutes 29 seconds begins. at the time they put mr. floyd on the ground that way, there were five grown men, armed police officers who were on the scene over a fake $20 bill. five of them there. mr. chauvin and his partner. the two officers who showed up in the first place and a member of the park police. five were there. for a man who didn't threaten anybody. you will see committed no act of violence in any way. who didn't try to run away and who was put in the prone position this way with five armed police officers present. none of that, ladies and gentlemen, we submit you will find to be an excuse for what happened in the 9 minutes and 29 seconds. we will also want you to learn something about george floyd. george perry floyd. his family members call him perry because he was not simply just an object of the excessive use of force of police. he was a real person. i want to learn something about him. the time that he was killed he was 46 years old. he was a father, a brother, a cousin, a friend to many. originally from houston, texas. before houston he was from my original home state north carolina. fayetteville, north carolina before houston. where his family is from. he excelled in basketball and football. loved shooting hoops even to the end. kept himself fit that way. he moved to minnesota from texas for a fresh start and the rest of this you'll learn about him. worked as a security guard. lost his job when covid hit. he was a covid survivor, george floyd was. lost his job. his employer was forced to close given covid. but the point to all of this is that we want you to know something about who george floyd was as a person because he was somebody to a lot of other bodies in the world. so ladies and gentlemen, i'm going to sit down in a moment this morning. we are going to show you through the evidence that there was no excuse for the police abuse of mr. chauvin. we are going to ask at the end of this case that you find mr. chauvin for his excessive use of force against george floyd that was an assault and took his life and engaged in dangerous behavior putting the knee on the back and neck for 9 minutes 29 seconds without regard to mr. floyd east life. find him guilty in the matter of the second degree, third degree murder and manslaughter. thank you. >> do you wish to open at this time? >> yes, sir. >> you may. >> may have it please the court, counsel, mr. chauvin, members of the jury, reasonable doubt is a doubt based upon reason and common sense. at the end of this case we'll spend a lot of time talking about doubt. but for purposes of my remarks this morning, i want to talk about reason and common sense and how that applies to the evidence that you are about to see during the course of this trial. the reason is an idea that wholly permeates our law and legal system and has the foundation and you'll see and hear that repeatedly throughout the course of the trial. what would a reasonable police officer do? what is a reasonable use of force? what would a reasonable person do in his or her most important affairs? what is a reasonable doubt? as such, reason dictates and necessitates how the evidence must be looked at and analyzed in every single case. common sense is exactly that, common sense. common sense tells you that there are always two sides to a story. common sense tells us that we need to examine the totality of the circumstances to determine the meaning of evidence and how it can be applied to the questions of reasonableness, of actions and reactions. in other words, common sense is the application of sound judgment, based upon a reasoned analysis. and that's what this case is ultimately about. it is about the evidence in this case. the evidence that you will see in this case during this trial. it is i agree with counsel for the state, it is nothing more than that. there is no political or social cause in this courtroom. but the evidence is far greater than 9 minutes and 29 seconds. in this case you will learn that the evidence has been collected broadly and expanseively. the minnesota bureau of criminal apprehension employed nearly 50 case agents, analysts and technicians to investigate this case. the federal bureau of investigation included at least 20 additional agents in their investigation. these agents combined have engaged in an extensive and far reaching investigation. they have interviewed over 50 members of the minneapolis police department, including the officers who responded to the scene after mr. floyd was brought to the hospital. they interviewed members of the minneapolis police department command staff. they interviewed officers who oversee training and policy making decisions within the minneapolis police department. they have interviewed nearly 200 civilian witnesses in this case. some of these witnesses saw the entire incident. some who saw a portion of the incident, many who saw nothing and some who had some piece of information to give to the officers. others who had nothing. these agents interviewed the numerous medical personnel who attended to mr. floyd and they interviewed the numerous firefighters and paramedics who responded. agents executed approximately a dozen search warrants in this case to gather information and in the end you will hear a term throughout i believe this case called the bate stamp number. the bate stamp system is a way for lawyers to keep track of the case to make sure we're working from the same set of documents, the same set of evidence. to preserve the integrity of the investigation. you will learn that we are approaching 50,000 bate stamped items. so this case is clearly more than about 9 minutes and 29 seconds. as you all saw during jury selection, the witness list in this case neared 400 people. how do we begin to analyze and organize this evidence? i suggest that you let common sense and reason guide you. i propose that every witness you will hear from and every piece of evidence that you will see or hear during this trial can be assigned to one of four basic locations. cup foods, mercedes benz, squad 320, and hennepin county medical center. let's start at the first, cup foods. you will learn that on may 25th, 2020 shortly after 7:00 p.m. mr. floyd and his friend maurice hall entered the cup foods located at 38th and chicago. while they were there they ran into their other friend or mr. floyd's ex girlfriend ms. hill and he offered her a ride. you will hear from kris martin, the store clerk at cup foods. mr. martin observed mr. floyd. he watched his body language. he interacted with mr. floyd in this moment and mr. martin formed the opinion that mr. floyd was under the influence of something. you will see the actual video from inside cup foods. mr. floyd did use a counterfeit $20 bill to purchase a pack of cigarettes. mr. martin realized this and first with one of his co-workers went outside to the car where mr. floyd and mr. hall and ms. hill were synth. mr. martin asked mr. floyd to come in and either buy the cigarettes, exchange or return to cigarettes. and you will hear from mr. martin that mr. hall and mr. floyd refused. you will see that a short time later mr. martin went back to the car a second time. went back to ask them again please come inside, give us the money or return the cigarettes. and that second time again mr. floyd refused. so at 8:01 p.m. a second clerk from the cup foods named omar kamara called 911 to report mr. floyd. during that call, he described mr. floyd as drunk and that he could not control himself. he is not acting right. he is 6 to 6 1/2 feet tall. accordingly minneapolis police officers thomas lane and alexander kueng were dispatched to the scene and arrived driving minneapolis car and were directed by store employees immediately to the second location, the mercedes benz. during this trial, you will hear evidence of what happened in the mercedes benz in the 20 to 30 minutes prior to the police arriving. you will hear from mr. floyd's friends ms. hill and maurice hall. this will include evidence that while they were in the car, mr. floyd consumed what were thought to be two percocet pills. mr. floyd's friends will explain that mr. floyd fell asleep in the car and that they couldn't wake him up. they kept trying to wake him up to get going. they thought the police might be coming because now the store was coming out and they kept trying to wake him up. in fact, one of these friends called her daughter, ms. hill, called her daughter to come and pick her up because they couldn't keep mr. floyd awake. at 8:09 p.m. officers lane and kueng approached the vehicle and officer lane approached the driver's side of the vehicle and officer king approached the passenger side. during the course of this trial you will see and hear the body one cameras of these officers that fully capture the entire interaction with mr. floyd and his friends. you will see officer lane draw his service weapon after mr. floyd failed several times to respond to his commands to show him his hands. you will learn that is an acceptable police practice. you will see the officers settle with mr. floyd to get him out of the mercedes benz and handcuffed and you will see and hear everything that these officers and mr. floyd say to each other. the evidence will show that when confronted by police, mr. floyd put drugs in his mouth in an effort to conceal them from the police. at approximately 8:10 p.m. officer peter change of the minneapolis park police responds to the scene to assist officers kueng and lane and he helps in detaining the passengers. you will see officer chang's body camera and hear his interactions. this becomes important as we learn about police practices because what you will learn is that when an officer responds to what is sometimes a routine and minimal event, it often evolves into a greater and more serious event. you will see surveillance videos near squad 320 from a local business called the dragon wok that captured the actions and reactions of all -- of everyone present at that location, including evidence of further concealment of controlled substances. during the course of the investigation, two search warrants were executed on the mercedes benz, the first on may 27th of 2020, the second several months later on december 9th of 2020. these agents located various pieces of evidence during both of these searches including two pills. later analysis were revealed to be a mixture of methamphetamine and fentanyl. this is what's called a speed ball. a mixture of an opiate and stimulant. you will learn that these pills were manufactured to have the appearance of percocet. while standing next to the mercedes benz officer kueng and officer lane asked mr. floyd what he was on and he said he was on nothing. officer kueng and lane escorted mr. floyd to a third location, minneapolis squad 320. the evidence will show that as officers kueng and lane escorted mr. floyd to their squad car a citizen mcmillan joined them and encouraging mr. floyd to cooperate with the officers. get in the car, you can't win. the evidence will show that mr. floyd and the officers began to struggle as they attempted to get him in the squad car. and you will learn that officers derek chauvin and his partner tou thao arrived to assist at 8:17. the first thing officer chauvin sees is officers kueng and lane struggling with mr. floyd. mr. chauvin asked the officers is he under arrest? yes. and then officer chauvin began to assist them in their efforts to get him into the squad car. you will see that three minneapolis police officers could not overcome the strength of mr. floyd. mr. chauvin stands 5'9", 140 pounds. mr. floyd is 6'3" and weights 223 pounds. you will learn that because of this intersection 38th and chicago is considered a high crime area the city installs the milestone video system. a camera that sits on top of a pole and can surveil the entire intersection. when you see these videos pulled back from afar you will be able to see the minneapolis police squad car rocking back and forth, rocking back and forth during this struggle. so much so it catches the attention of the 911 dispatcher jenny scurry. this was not an easy struggle. as the struggle continues, you will see and hear both what mr. floyd was saying to the officers and the officers' responses to him. mr. floyd does end up on the street and appeared to continue to struggle to these officers. so much so that they considered applying what is called the maximal restraint technique. it used to be called the hobble or the hog-tie. mr. chauvin used his knee to pin mr. floyd's left shoulder blade and back to the ground and his right knee to pin mr. floyd east left arm to the ground. officer kueng was placed below mr. floyd's buttocks and officer layne was at the feet and you will see and hear them continue to struggle with mr. floyd as he is attempting to kick. you will see and hear that a crowd begins to develop watching and recording officers initially fairly passive. as the situation went on, the crowd began to grow angry. but here is what you will also see and hear. you will see and hear the conversation between the officers behind the squad car. the crowd is not aware of what they are saying and doing. you will learn that several bystanders, including donald williams and ms. hanson grew more and more upset with these officers. you've seen it this morning. but you will also see it from the perspective of the police officers. as the crowd grew in size seemingly so, too, did their anger. remember, there is more to the scene than just the what the officers see in front of them. there are people behind them and across the street. there are cars stopping, people yelling. there are -- there is a growing crowd and what officers perceived to be a threat. they are called names. heard them this morning, a [bleep] bum. they're screaming at them. causing the officers to divert their attention from the care of mr. floyd to the threat that was growing in front of them. at this location questions emerge about the reasonableness of the use of force. this will become one of the decision that you have to make. to answer these questions, the bureau of criminal apprehension, the evidence will show the bureau of criminal apprehension investigated the mohammed morsi police department's training and policies. you will learn about things such as the authorized use of force, proportionality of force, excited delirium. defensive tactics, neck restraints, maximal restrain technique, the swarm technique and learn about rapidly he evolving situations and the minneapolis police department's decision making model. you will learn about crowd control, medical intervention, de-escalation, procedural justice, crisis intervention and to human factors of force. that is, what happens to a police officer or any person when they are involved in a high stress use of force situation. you will learn that derek chauvin did exactly what he had been trained to do over the course of his 19-year career. the use of force is not attractive but it is a necessary component of policing. the evidence will again demonstrate that the minnesota bureau of criminal apprehension conducted two searches of squad 320. you will learn that in the second search of squad 320, agents recovered several pieces of partially dissolved pills. you will learn that these pills were again analyzed, were again shown to be consistent or similar to the pills found in the mercedes benz and that they contained methamphetamine and traces of fentanyl. moreover, these pills contained the dna and saliva of george floyd. which leads us to our final -- our final location, hennepin county medical center. the evidence will show that officers made two calls for emergency help. those calls were within 1 minute and 30 seconds of each other. the first call officers called for paramedics to arrive code 2 because mr. floyd had a nose injury that occurred during the struggle mr. floyd banged his face into the plexiglas partition of the squad car. you will see the blood evidence in the squad car. that first call came at 8 minutes -- at 8:20:11. the next was a code three call meaning get here as fast as you can. that call was made and placed at 8:21:35. you will learn that paramedics arrived on scene at 8:27:18, 19 minutes after officers kueng and lane arrived. within six minutes of it being called a code three and they did what they referred to as a load and go because of the crowd. they came, they picked up -- rather than attempting to resuscitate or treat him on the scene they loaded him into the ambulance and drove to a location several blocks away to begin their resuscitateive efforts. you will hear and learn that officers thomas lane accompanied them for part of that time. you will learn ultimately that mr. floyd was transported to the emergency department at hennepin county where efforts to save mr. floyd were made at the direction of dr. bradford. again, he took important tests. he ran blood samples and blood gas samples. he took certain very important -- obtained very important pieces of information. you will learn that later that evening mr. floyd was pronounced dead. the evidence will show then that dr. andrew baker of the hennepin county medical examiner's office conducted the only autopsy of mr. floyd. you will hear of several interviews that dr. baker had with law enforcement where he discusses the cause and manner of death and what that actually means according to what he saw present in mr. floyd's body. some of this evidence is extremely important to the final determination of mr. floyd's cause of death. medical findings include things such as the blood gas test that was taken at hcmc that revealed mr. floyd had an exceptionally high level of carbon dioxide. dr. baker found none of what are referred to as the telltale signs of asphyxiation. no bruises to mr. floyd's neck either on his skin or after peeling his skin back to the muscles beneath. there was no hemorrhaging of eyes and no evidence the airflow was restricted and did not be a mechanical asphyxia death. at the time mr. floyd was in the hospital, a femoral blood draw was taken. that blood draw was analyzed by a lab the results of mr. floyd's toxicology screen revealed the presence of fentanyl and methamphetamine, among other things. and it will be important to know the difference between fentanyl and methamphetamine. the autopsy revealed many other issues including coronary disease, enlarged heart, what is called a parra gagliona. swelling and he deem yeah ---edema of the lungs. they have contracted with other physicians to contradict dr. baker's findings. this will be a battle in the trial. what was mr. floyd's actual cause of death. the evidence will show that mr. floyd died of a cardiac arrhythmia that oh kourd because of the ingestion of methamphetamine and fentanyl and adrenalin throwing through his body that acted to further compromise an already compromised heart. at the conclusion of this evidence you will be instructed as to the law, the elements of the offense, the court will give you detailed instructions on what you must find to convict mr. chauvin of these charges. but when you review the actual evidence and when you hear the law and apply reason and common sense, there will only be one just verdict. that is to find mr. chauvin not guilty. thank you. >> we'll take our morning recess at this time until about 11:15. i want you to keep in mind these breaks we try to keep as much as we can to time. if bathroom and other needs are important, we can expand it a little bit. i don't want you to be nervous about making sure all of your personal business is done within the 20 minutes. keep in mind the 20 minutes is what we'll try to stick to for our morning and afternoon breaks. deputy will take you back to the other courtroom and we're recessed until 11:15. >> i'm gillian turner in washington, d.c. you've been listening to the opening statements from both sides, the prosecution and the defense in the trial of police officer derek chauvin who stands charged with second and third degree murder as well as second degree manslaughter in the killing of george floyd. this is "outnumbered." i want to go ahead and bring in our panel this afternoon so we can get right into all the details that have been unfolding live on our screens this morning. emily, i will come to you first. what struck you from both sides here? we heard first from the prosecution and we heard wrapping up for the defense. the prosecution a core part of the argument they will make the case that excessive use of force was used by officer derek chauvin and it is ultimately what resulted in the death of mr. floyd. >> that's >> what was most powerful was the nine minute and 292nd video, obviously without any narration then the video itself, the points about that opening argument, first he said, the case is not about all of the abe entire heartbreaking story of what occurred on that night that led to the tragic death of george floyd and he said the case is about this, it's not about all police, it's not about the minneapolis police department, it is defendants. he said you can believe your eyes, it's a homicide and a murderer, what we will learn is that when you're in police custody you are therefore in their care. you do need to let up and get up

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