acknowledging that you knew the risks, received and reviewed the materials required for you to carry that taser. correct? >> yes. i signed the documents. >> okay. >> now, in terms of the carrying of these weapons, reaction side means what for you? >> that would be my left hand. >> okay. >> you're right-handed? >> yes. >> so carrying a taser, you have done for years on your left side. correct? >> yes. >> and your firearm you carry where? >> on my right side. >> how many years have you carried your firearm and taser that way? >> my firearm -- and my taser for 19. >> as long as you've had that taser you carried it on the left. >> in the beginning i carried it on the right on the drop hollister. >> when did you switch? >> when we were given new hollisters? >> when would that have been? >> i don't know. >> but far before 2016, you saw the images up in court, long before that you were carrying your taser on your left side. correct? >> yes. >> years and years? >> yes. >> we talked about reality and scenario-based training. when you go through the trainings, you have available to you all the options that would be on your duty belt. right? although inert for the purposes of training. right? >> yes. >> and the purpose of that training is to try to recreate real life stressful situations as best as possible to practice making those types of decisions in the moment. fair? >> fair. >> let's talk a little bit about your taser. you'd agree that the taser seven that you have and the taser you had before that has a safety mechanism on the side of it. right? >> yes. >> and you have to flip it up to arm the tazer? >> yes. >> and when the taser is on and armed, it beeps. right? >> i don't know if it beeps. >> there's a display screen that turns on? >> yes. >> and then there are two lasers with the taser seven that appears on your target. correct? >> yes. >> a green one for the top probe? >> i believe so. it was a new taser. >> and red one for the bottom? >> i would guess so. yes. >> you were trained on it. right? but it was a while back. >> you were trained in march of that year on this taser? >> yes. >> you had to successfully operate it to be certified to use it. correct? >> yes. >> and you went through that hands-on process of turning on that taser and safely handling that taser in order to be certified. correct? >> yes, in march. >> in march. and before that you had had -- >> yes. >> and that taser also had a laser and a safety and things like that. right? >> yes. >> the screen that turned on? >> yes. >> and the taser -- that was the taser you were carrying for years before. right? >> yes. >> very similar to the taser 7 in that way? >> similar but different. >> all right. so i'm going to put on the screen next to each other, please, exhibits 210 and exhibit 212. >> these are side by side pictures of you on april 11th. correct? >> yes. >> and your taser is pictured on the left side of your duty belt. correct? >> yes. >> and that's the way you'd been carrying it for years and years. correct? >> yes. >> and your firearm you carried on the right side of your duty belt. right? >> yes. >> and you'd agree that the standard procedure for a reaction side, left-hand draw for your tazer in this case would be to draw that weapon with your left hand. correct? >> yes. >> all right. you can take that down. you were asked some question on direct about spark testing. the function test of the taser. the policy says that you should do that before the beginning of every shift. right? >> yes. >> and you didn't do it the last two shifts that you worked. correct? >> that's what the documents say. >> right. you didn't do one for the last four of your last ten shifts that you worked. in fact. correct? that's what the documents say? >> which dates? >> you didn't do it march 27th. correct? >> i guess. >> you didn't do it march 28th? >> your honor, i object on this cross objection. if she doesn't know -- >> okay. one word objections, please. if she doesn't know, she can say she doesn't know. >> the documents show that you didn't do a spark test four of your last ten shifts. you have no reason to dispute that? >> no. >> and the day of this incident, april 1st, you didn't do a spark test that day? >> no. according to the documents. >> and even though -- yeah. that day was a slow and uneventful day at the beginning of the day. right? >> i don't know. i don't have a log. >> well, you told dr. miller that that day started as a slow and uneventful sunday. right? >> i don't -- i don't know if i did or not. >> counsel, side board. side bar. >> we have defense attorney danny cevallos with us. danny, explain this objection and what do you think the side bar is getting into? we know the prosecution was going through a series of yes, nos here. >> it's uncertain. i mean, it seemed to be the initiation of the judge, unless i didn't hear the defense counsel, but you see the prosecutors coming back to the podium. they apparently resolved it. >> never mind. we'll go back to the court. >> all right. so april 11th started as a slow and uneventful day. right? >> i guess. it's a sunday. >> i'm going to put on the screen exhibits 224 and exhibit 178 next to each other, please. all right. miss potter, on the screen are contributes 224 and 178. you'd agree that these are photos of your taser and your firearm respectively, yes? >> my firearm, for sure. i'm not sure if that's the taser that was taken that day, but i'm guessing it is. >> and you carried a taser 7 that day? correct? >> yes. >> and that's what's on this picture, exhibit 224? >> yes. >> now, these items look different, don't they? >> yes. >> your honor -- >> the objection is overruled. i think you -- >> did you answer? you may answer, if you didn't. >> yes. >> and just to be more specific, the taser is yellow. right? >> yes. >> the firearm is black. correct? >> yes. >> the taser weighs about half as much as your loaded glock. right? >> i don't know. >> doesn't weigh the same. correct? >> that's what they testified to earlier, but i don't know. >> when it comes to the taser 7 that you had just been recertified on or certified to use, your department used long-range cartridges for that taser 7. correct? >> i don't know. >> you were trying to use it. correct? >> i don't know now. i don't remember. >> you don't remember being trained to use the taser 7 at all? >> no, i remember being trained, but i don't remember today what cartridges we were issued. >> okay. so you went out on the street with a taser not knowing what that taser did? >> i would assume that on the day i worked, i would know, but i don't know. it's been months now. >> no reason to dispute the police department used long-range cartridges in the taser 7. correct? >> no. >> and the reason to do that would be so you could fire it a farther distance with your taser and you wouldn't need to approach someone up close. correct? >> i would -- i don't know. i would assume so, but i'm not positive. >> well, that's why someone would use a long-range cartridge as opposed to a short-range cartridge. correct? >> yes. >> and you've been trained on tasers since 200 2. correct? >> yes. >> you know how they work? >> yes. >> and you know what they do? can we take those down please, and put up exhibit 214. okay. exhibit 214, it's been admitted as on the screen. is this a picture of your duty belt? >> yes. >> you'd agree the hollisters for your taser and firearm are different? >> yes. >> and your firearm holster is different in this picture? >> yes. >> is this right here? >> yes. >> and -- the taser holster is made of plastic? >> yes. >> and you have to push a button, this button right here, and rock it back to get it out of the holster. correct? >> yes. >> and your gun holster is made of leather. is that right? >> yes. >> and it has a little snap. is that right? >> yes, yeah. >> how does that gun come out of that holster? >> it would rock forward. >> how do you pull it with your hand out of your holster? >> it would rock forward and you would pull it up. >> okay. and the taser, on the other hand, you press a button, rock it back ward and pull it up. correct? >> yes. >> all right. if we could take that down. thank you. now, you testified that you have never deployed your taser or your firearm while on duty out on the street. correct? >> not that i recall. i know for sure my firearm. >> okay. >> but you have drawn your taser mutt pl times wile on duty. correct? >> several times. >> and you said you did that as a way to deescalate? i believe that was your testimony on direct? >> yes. >> approximately how many times did you pull your taser, but not deploy it while on duty? >> for deescalation, maybe a few times. >> now, tlar couple times that you -- there are a couple times that you pulled your taser and didn't deploy it. one was in 2013. correct? no reason to dispute it happened once in 2013? >> i guess no, no reason. >> there was a situation where one of your colleagues, a former officer, was hanging on the back of an individual, and you pointed the taser at him, but didn't taze him because you would have tased your fellow officer. correct? >> if it's what i was thinking, yes. she was on his back. >> instead of deploying the taser, you called for extra help. correct? >> yes. probably continued to fight with them. >> you never deployed your taser then? >> no. >> there was another incident in 20 16 -- 2016 where someone was not being -- not complying with commands to place them under arrest. right? >> i don't know what event you're talking about. >> well, in this case there was an individual who was struggling, a female individual. she didn't want to get in handcuffs, and then one of the officers took her down to the ground by force. correct? and you pointed your taser but didn't deploy it. right? >> if that's what the documents say. i don't recall the incident. >> okay. >> but you recall that you have drawn your taser and not fired it in your 26-year career? >> yes. >> all right. i'd like to talk a little bit more about april 11th. so on april 11th, you were serving as an fto. right? >> yes. >> and you said that you have done that for ten or 15 years. >> for many years, as i don't remember when i got certified, but it's been many, many years. >> okay. you said on direct, i believe your testimony was that you had knowledge to impart, and that mentorship skills that made you suited for that job. right? >> yes. >> so you were serving as officer lucky's fto on april 11th. how long had you been his fto? >> i believe it would be five shifts. it would have started the monday after easter sunday. >> okay. but you were essentially in a supervisory position. right? serving as his fto? >> yes. i guided him. >> it's a big responsibility. true? >> yes. >> you have to be a good example, sort of set the stage for what a good police officer should do and in a particular situation. right? >> yes. and to do the job of an fto, you have to be really familiar with policy and training and proper uses of force. right? >> yes. >> and you have to make sure that someone else is doing it all right too. right? >> correct. >> and you testified that that morning, the morning of april 11th, you reviewed pursuit policy with officer lucky. correct? >> that afternoon. >> okay. but that pursuit policy includes not shooting at the driver occupants of a vehicle. right? >> a moving vehicle. >> and you told officer lucky, we're not in the city. right? did you tell dr. miller that you told officer lucky in reviewing pursuit policy you used the phrase, we're not on the city. >> because we're on zane avenue, brooklyn park. >> and why did you say that? >> to remind him of geographical boundaries. >> and you were also reminding him of the limitations of the pursuit policy. correct? >> what do you mean? >> what that you can't just get into a high speed car chase or shoot up a car without specific reasons. right? >> yes, for our pursuit policy limits what we can pursue for. >> and a gross misdemeanor warrant doesn't qualify for a vehicle pursuit. right? >> not according to our policy. >> and you had just reviewed that policy with officer lucky that day. correct? >> yes. >> so getting to what happened with the stop, you said that there was a turn signal misplacement perhaps? you saw the wrong turn signal. that was the first thing you saw? >> officer lucky saw it first. >> you didn't see the wrong turn signal, but after that you saw the air freshener? >> i saw the expired registration. >> you said on direct that you would not have pulled that vehicle over. right? >> probably not. >> and you said that you knew that there had been some delays because of covid with people getting their tags up to date. correct? >> yes. >> but you also mentioned the air freshener to counsel on direct? >> yes. >> but regardless, expired tags, air freshener, this is the kind of traffic stop that is pretty routine for you in your 26 years as a cop. right? >> no traffic stop is routine, but it would have been something i would have done several times. >> i'm sure you've seen lots and lots of cars with air fresheners and expired tags. true? >> yes. >> and then the decision was made to pull over the car. you mentioned that there was some information that maybe there was some other warrant that you learned about around that time? you didn't discuss any of that with officer lucky, did you? >> he would have had the same warrant i would have had. >> none of that was mentioned or worth discussing with officer lucky at the time you pulled over the car. fair? >> i don't remember if we talked about it or not. >> okay. any case, you pull over the car. and officer lucky approaches the driver's side, approaches mr. wright. right? >> yes. >> and he came back to the car with a name, date of birth, all kinds of information. right? >> i know a name and a date of birth. >> well, officer lucky told you that he believed him. he thought that essentially this -- that he was telling the truth. right? >> yes. >> and then when officer lucky put in all this information into the system, you corrected him. you admonished him and told him he was doing it wrong. right? >> i told him better ways to do it, probably. >> and that's your job as an fto? >> yes. >> to correct him if he messes something up. right? >> yes. when there's an opportunity. >> so you corrected him and then he reentered the information, and then you found out about the warrant. right? >> yes. >> now, there was also a conversation about officer lucky code fouring himself. right? >> what? >> code fouring himself. >> yes. >> did you also correct officer lucky for doing that? >> he did it before he ran the driver, and he shouldn't do that. >> and you told him that. right? >> yes. >> don't code four yourself before you have all the information, something to that effect. right? >> yes. >> and that was your job as the fto, to correct whatever he was doing that was wrong. right? >> yes. >> so you got this information, and then made this decision to go arrest mr. wright. correct? >> yes. >> and you didn't talk about going out there with guns drawn or anything like that? you didn't talk about using force on the approach or anything like that. right? >> no. >> and then officer lucky pulled or asked mr. wright to get out of the car, which he did. right? >> yes. >> and you stood back and watched this happen. correct? >> i was just a couple feet away. >> okay. >> but you didn't correct the way that had happened. you didn't tell officer lucky to move or to put mr. wright somewhere else. right? >> i wouldn't do that to a rookie in front of a suspect. >> okay. but you didn't do it regardless. didn't happen. >> no. >> and then as you approached and got closer, well, was there a moment that you got closer after things didn't quite go the way you hoped they would go? >> i got closer before that happened. >> okay. and you'd agree that you unsnapped your gun holster has you approached. right? >> i wouldn't agree to that. >> all right. if we could put on the screen exhibit 12, just the still image at 2:01:20, please. and zoom in on -- yes, the squad car view. you see yourself in that picture? >> yes. >> and do you see your right hand on the right side of your duty belt? >> yes. >> is your right hand on your firearm here? >> that's blurry, but it's possible. >> okay. we can take that down, thank you. all right. as you approached and mr. wright got out of the car, was there a moment where it appeared that mr. wright was going to flee or attempt to flee? >> when he started struggling with officer lucky. >> okay. >> and ultimately, was mr. wright able to get back in the car? >> yes. >> you never saw a weapon on mr. wright, did you? >> no. >> never saw a gun? >> no. >> he never threw a punch? right? >> no. >> never kicked anyone. >> no. >> never said i'm going to kill you? >> no. >> never said i'm going to shoot you? >> no. >> never said there's a gun in the car and i'm coming after you? >> no. >> okay. it's not uncommon in your experience to find someone who has a warrant during traffic stop. right? >> it's not uncommon. >> and you've done hundreds of traffic stops in your career. correct? >> i don't know if hundreds but yes, i've done plenty of traffic stops. >> and gross misdemeanor offenses are not the same as felony offenses. fair? >> correct. they're a different order by the judge. >> less serious crimes. correct? >> all crimes are serious, but yes. >> well, in terms of the laws of the state of minnesota that you're duty-bound to enforce, a duty misdemeanor is less than a felony. correct? >> yes. >> and you don't get to shoot someone because they have a gross misdemeanor offense. correct? >> it depends -- >> the objection is sustained. >> you also testified about learning about an order for protection. correct? >> yes. >> said it was a temporary one that you saw. correct? >> i believe it was an ex parte order. >> and essentially the order that you're describing would limit contact between two people. correct? >> yes. in various ways. >> it doesn't prohibit all contact with all members of the opposite sex. right? >> to certain parties that they're not supposed to have contact with. >> right. and you'd agree that half the world's population is female. right? >> i suppose. >> so just having a female passenger in your car is not in and by itself a violation of an ofp. correct? >> it has to be investigated. >> sure. and you did not see a need to rush up to the passenger's side of the vehicle and pull this woman to safety. right? >> not at the moment. >> okay. now, there was also some conversation as you saw in the videos that were offered in court in this case. conversation about the wright brothers. you made a comment about the wright brothers, joking about not the ones that fly. right? >> yes. >> and any concerns about whether there was some other wright family in the area, sergeant johnson told you, not that family, not this situation. right? >> i wasn't sure who they were. >> okay. but he didn't cause you any greater -- he didn't tell you this is a family we should be concerned about. you've got to be worried about this guy. right? >> no. he didn't say anything like that. >> okay. >> and when you got over to that car and mr. wright got back into the car, the car was still running. right? it was running that whole time? >> i don't know if it was on or not. >> well, you told dr. miller that the car was running, didn't you? >> i don't remember that. >> you told dr. miller wright pulled away and got into the car that was still running. >> okay. then i said that. >> and the entire time this is happening, you're standing behind officer lucky. right? >> at what point? >> as mr. wright is getting back in the car. >> i came around officer lucky's left side to help him. >> and you indicated that sergeant johnson hay approached on the passenger ice side, but wouldn't have been in front of the door because that would have been unsafe. right? >> yes. >> okay. i'm going to put on the screen exhibit 13, starting at 2 :01:48. just leave it at that timeframe, please. okay. miss potter, on the screen we have exhibit 13 at 2:01:48. i'm going to slowly advance the frames and then pause it periodically. let's advance just a bit. okay. stop them right there. at 2:01:48, do you see yourself here taking a piece of paper in your left hand? >> yes. >> now, advancing to 2:01:49, please. okay. now, stopping at 2:01:49, you've transferred that piece of paper to your right hand? >> it looks like it. >> okay. advance a little further, please. you would agree the piece of paper at 2:01:49 is in your right hand? >> i don't know where it is. >> is this the piece of paper right here? >> let's see, that's a piece of paper. >> all right. let's advance a couple for frames, please. stopping right there. would you agree in this frame of 2:01:49, the piece of paper is in your right hand? >> yes. >> all right. and if we could play stopping at 2:01:54, please. >> okay. and then if we could advance a few frames, please. at this point the paper is in your right hand. correct? >> it appears that way. and then at 2:01:55, you've transferred the paper back to your left hand. correct? >> that's what the video shows. >> okay. and then if we could advance a few more frames, please. to 2:01:56. a couple more frames, please. okay. you'd agree at 2:01:56, the piece of paper is still in your left hand. correct? >> yes. >> okay. let's advance. actually, let's play until 2:02 :01, please. >> i'm going to taser, taser, taser. >> okay. stopping at 2:02:01, you have the firearm in your right hand. correct? >> yes. >> and you are pointing it directly at mr. wright? correct? >> your honor, could we have a brief -- -- >> miss potter, do you need a break? >> okay. okay. members of the jury, we're going to break for lunch, and we'll start up again at 1:30. okay? >> well, welcome to "meet the press daily". i'm chuck todd. you've been listening and watching to foreigner police officer kim potter testify in her own defense. they're taking a break just as the moment that they're essentially having her go frame by frame just before, and they stopped it and were taking a break just before we see her shoot daunte wright. potter is charged with multiple counts of manslaughter after she killed a 20-year-old black man at a traffic stop. she said she mistakenly shot him with a gun instead of a taser. the defense asked for a break. we are at the time they have been taking lunch breaks in this trial. so they went ahead and did that. before the cross-examination by the prosecutor, potter detailed her history in law enforcement and her experience of what happened at the traffic stop that day. >> did you say anything when you saw the -- what did you do? >> we were struggling. we were trying to keep him from driving away. it just -- it just went -- chaotic. it -- and then i remember yelling taser, taser, taser, and nothing happened. and then he told me i shot him. >> court is now in a lunch break. shaquille brewster than following the trial from minneapolis. i'm also joined by a criminal defense attorney and civil rights lawyer. shaq, let me start with you. there was always an expectation that kim potter was going to testify and frankly, the defense she's putting up, i think it probably would have been worse had she not. but is there anything so far that's been a surprise in her testimony? >> reporter: well, the thing with this case, chuck, is that we've seen a lot of this video before. we've been watching it over the past two weeks. this was all captured on body camera video of multiple officers. in terms of the timeline that we're hearing, this is not particularly new to us. one detail we heard as part of her testimony is the idea she was a field training officer. but she didn't plan to initiate the stop or wouldn't have initiated the stop over an air freshener and the expired tabs as they're called in minnesota. she wouldn't have done that on her own. and then we see the emotion. that's something we were to expect. one thing we saw on the body camera video is immediately after the gunshot was fired, she broke down instantly. she was in the grass almost inconsolable at one point with her face down being taken care of by the other officers at the scene. the emotion wasn't a surprise. it's something we've seen as videos have been playing. she would get emotional while she was at the defense table. the emotion is not a surprise. we're getting a few little nuggets and details of the timeline that we didn't know before. >> in fact, you brought up her saying she wouldn't have made that stop. and that's where i want to begin our conversation. let's play 4 and 5, folks. it's one from during the defense questioning of miss potter and one during the prosecution questioning of miss potter. if we could play those and talk to the lawyers on the other side. >> if you weren't with a field training officer that day, and you were on patrol alone, would you have stopped that vehicle? >> most likely not. >> and why not? >> an air freshener to me is -- it's just an equipment violation, and during the covid times, the high covid times, the department of motor vehicles was so offline that people weren't getting tabs and we were advised not to -- try to enforce a lot of those things because the tabs were just not in circulation. >> part of the taser policy includes that all training should include performing reaction hand draws or cross draws to reduce the possibility of accidentally drawing and firing a firearm. that's part of the policy. right? >> that's what it says. >> and that's part of what you're trained to do. correct? >> we aren't always drawing our tasers from our holsters. a lot of times we're in plain clothes during training. >> your policy you're required to abide by that you signed off on required that you perform active hand draws. true? >> during training, yes. >> it also includes the reason? >> yes. >> so you reduce the possibility of accidentally drawing and firing the firearm. right? >> yes. >> since the defense began the questioning, i want to start with danny on this. the decision to admit during the defense that she would not have normally made this traffic stop if she were on her own, it seemed -- it seemed a significant thing for them to voluntarily put out there. >> oh, i think it helps them quite a bit. we live in a world at least defense attorneys live in a world of what are called pretextual stops. more commonly known, unfortunately, as bs stops. in other words, yeah, technically it's true you can pull someone over for an air freshener, but the reality is you're pulling them over so you may smell the odor of marijuana and you might want to get in their trunk eventually and conduct a search. this is critical in my view. they're showing no, in fact, she's the experienced training officer. you have a young gun that she's teaching. he might have been more inclined to pull someone over for an air freshener, but she wouldn't have been so inclined dplrks imprurks she had to back him up once the stop was made. i think it was effective for the defense. that may be because i'm a jaded defense attorney, but i think pretextual stops are front of mind for a lot of folks. it makes her appear that look, she wasn't driving around looking to pull over young black men for air fresheners. that wasn't her view, but once the stop was made, she backed up her brother officer, and participated in the stop and worked as we will see, i'm sure she will elicit again, was only looking to protect her brother and sister officers. >> danny, i understand you're saying no, this helps her, but if you're sitting in that jury and finding out normally wouldn't have done this and you're a training officer, why did you go along with it? does that not introduce that issue? >> it does. it does. but it is while she would not have made that stop herself, it is a reason for a stop. it is -- and that goes to the key of police citizen encounters. that there are so many violations that the police can technically pull you over, that all they need to do is conjure up a swerving into the lane, which, by the way, we may never be able to go back and prove in time or a light being out or something like that. or a rolling stop. so those are pretextual stops. i thit helped her, but i can see your point. it might have looked unnecessary. >> it screams as to why one of the major reforms we need here is the traffic stop is something that i don't know if more good comes from those than not. david henderson, the prosecution made a big deal out of the taser training. and her answers were not -- it didn't come across as somebody who seemed to be knowledgeable or respectful of that training. it was sort of like well, that's what the manual says. it didn't come across that she understood or owned that training exercise. >> i think that's exactly right. thus far for me her testimony has been deeply offensive rhetoric she's put on the stand. this goes back to danny's point. you can't have it both ways. if you're going to say you have experience and dates back to middle school for you, and you are one of the most experienced officers on the scene, it's difficult to come back and say you know what? i thought this was all wrong, but i went along with it anyway and didn't put a stop to it. and now here at the prosecution you're in deep legal trouble an you were before she took the stand in terms of what you have to prove. you should swing for the fences and say officer, are you telling me you chose to carry a weapon you didn't fully understand how to use and the fact that you didn't understand how to use it didn't prevent you from drawing it when you're saying you didn't have to previously use it before? urkd ask questions like that. there's no good answer to those questions. if she's going to say she's an experienced officer, it's ridiculous for her to claim she didn't know how to use it before she fired at daunte wright. >> it appears that as they were showing her the video, as we were going frame by frame, it appears as if she's looking at something she doesn't believe she did. and you can sort of see that developing. nobody can crawl inside anybody's head. i'm curious, would you have agreed to a break at the point that the defense asked for one? >> you know, that's a mixed bag in terms of agreeing for the break. really, all it turns on is the way you think the jury is perceiving this testimony. that's worth elaborating on a bit, because we're focussed on the legal issues. this isn't what matters for the jury. what matters for the jury is she's been involved in law enforcement since middle school. she has relatives in law enforcement. she has relatives who are serving in the military. she has people who are going to miss her if she's sent to prison. with regard to the emotion, it relates to whether or not you think the jury might benefit from her getting a break. but with that in context, you're right. it does show a reaction that indicates she didn't realize she was doing, and that's the crux of this legal case. you have to establish criminal intent. and the mistake, even in a grossly intelligent mistake doesn't carry the degree of consciousness necessary to convict here of either the manslaughter charges she's facing. >> danny, same question to you. watching what was happening there in that moment, would you have asked for a break? >> you may want to break things up if you think your client is in trouble, but at the same time, emotion is something that you do want the jury to see. you want to see this officer with all of her experience in the field, get emotional on the stand, but at this point, if you watched her, it looked as if it may have been overtaking her ability to testify properly in a way that wouldn't help her. i think the defense request for a break was probably warranted. but i mean, when you take a step back, folks, why are we even in a trial? the jury's duty is to find facts. there are virtually no facts that are disputed in this case. that's what makes it so incredibly unusual. nobody disputes that this was a mistake. nobody disputes that she shot daunte wright. at the end of the day, this all narrows to one issue and david hit it right on the head. maybe this was grossly negligent, but at the end, did she consciously create the risk that resulted in the death of daunte wright? and she will and has told us that no, this was not conscious. whether or not the prosecution can chip away at that remains to be seen. >> given what you've seen so far, danny, do you think that she should be testifying or is she putting herself at risk here? >> i don't think she should be testifying. i think she absolutely 100% had to testify. there is no question that she was testifying, and that's why most observers pretty much knew she was going to. she's a police officer. these folks testify every day, every week. they're better witnesses than me. they're better witnesses than the prosecution. they're better witnesses than the judge. they are the most experienced witnesses. this is someone who had to testify and tell the jury this was not conscious. if they believe that, they must acquit. >> shaq, do we believe this is going to go on the rest of today and that will be the end of today? >> reporter: well, we were only expecting two witnesses today. the first was that psychologist that we started out hearing from this morning, and then the second is now kim potter. those are potentially the final witnesses that the defense plans to call. although, we've heard in some courtroom conversation that there may be a rebuttal witness based on the testimony of the psychologist. i think one other point to make of her testimony, something that stuck out and something that will likely come out a little bit more later when the cross-examination continues is the idea she saw the fear in sergeant johnson's face. sergeant johnson was on the passenger's side of the vehicle who went in or had part of his body in and tried to -- he testified tried to stop daunte wright from shifting gears and tried to reach for the key to the ignition. kim potter is saying and the defense has been saying it was because of the fear that she saw in her partner, the fear that if daunte wright got in the vehicle and drove off, that her partner would end up being dragged down the street, that is what led to the use of force. now, again, no one is disputing that she used the firearm instead of a taser, but the defense witnesses, including the former police chief of the brooklyn center police department is saying even if she intended to use her firearm, it was justified because of the fear of bodily injury and serious harm that she felt for her partner, for sergeant johnson. that was a key piece, and it goes to the bigger picture of the defense trying to poke holes in the idea that the prosecution is saying which is that even the use of the taser was inappropriate. >> thank you all. appreciate you helping us get through this day and this trial. thank you. up next, it is a 2020 deja vu. a surge of covid cases hits new york. u.s. hospitals brace for the wave. closures and cancellations hit businesses of schools and sports and people across the country now wondering are we ready for what's in store? 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(♪ ♪) you may pay as little as $10 per prescription. ask your healthcare provider about rybelsus® today. unleash the freshness... still fresh. in wash-scent booster. ♪ downy unstopables welcome back. deja vu all over again. the warnings, the closures, the uncertainty, the science rushing to catch up, the surges in new york city. the warning signs are everywhere we may be woefully unprepared for what's to come. cases, hospitalizations, and deaths in the united states have surged in the past two weeks just as a highly transmissible but unknown severity omicron variant takes hold. overall covid cases are spiking in new york and test positivity rates are rising at a pace city health officials say they've never seen before. at the white house, a dire warning from the president and his team that a hellish winter is coming for the millions of americans who haven't heated the warnings. >> i want to send a direct message to the american people. due to the steps we've taken, omicron has not yet spread as fast as it would have otherwise done and as happened in europe. but it's here now and it's spreading, and it's going to increase. >> we are intent on not letting omicron disrupt work and school for the vaccinated. we've done the right thing and we will get through this. for the unvaccinated, you're looking at a winter of severe illness and death for yourselves, your families, and the hospitals you may soon overwhelm. 160,000 unvaccinated people have already needlessly lost their lives just since june. and this number will continue to go up until the unvaccinated take action. so i'll say it once more. get vaccinated. >> lindsey reiser is covering the situation in new york city for us and here with her medical expertise is dr. megan rainy, emergency room physician for brown university. it does feel as if the northeast is on fire now and you're starting to see it's trickling down towards us, down the mid-atlantic, and you're starting to see it everywhere. what kind of -- paint a picture hear. is it a city shutting down or is it a city wanting to persevere? >> reporter: well, this is your picture right here, chuck. i mean, take a look. you talk about eerie, you talk about deja vu. this testing line stretches down the street, people have lined up well before 6:00 this morning, it opened at 7:00. the line is two hours long. we've got the rockettes, they've canceled four shows today, all four of their shows because they've had breakthrough cases among production. the governor of new york tweeted 18,276 cases reported wednesday. that's the highest we've seen since january 14th and that winter surge. we also know omicron is spreading more rapidly in new york and new jersey than the rest of the country, about 13% of positive cases are omicron compared to the national average of about 3%. people that are in line that i'm talking to, many of them are traveling internationally for the holidays so they have to have a test. some of them have been exposed. they have roommates or co-workers who have recently tested positive. some of them are simply symptomatic and they want to take a test. when we talk about what's going on right now, we know the mayor-elect here says it will take a lot for him to lock down the city like we saw before, but we're definitely starting to see some of these warning signs, chuck. >> lindsey reiser on the ground for us in new york city, thanks very much. dr. raney, the million dollar question really is, how severe is omicron? that seems to be the thing we don't know. it feels like about every 12 hours there's a new piece of data coming out of south africa that may give us another hint. what's your sense of what we're staring at here with omicron? >> omicron was only reported about three weeks ago. it is extraordinary how much we have learned about this new variant in such a short period of time. we may not know how severe omicron truly is for weeks to come. but what i can tell you is delta is bad. and delta is already overwhelming our hospitals. even if omicron ends up being more mild, particularly for those of white house are vaccinated and boosted, if it infects a ton of people, proportionally there are going to be more folks coming to the hospital, and there's just not space. although those of us who are vaccinated are in a much better spot than we were in 2020. but the system is in a worse spot, we've lost health care workers, our hospitals are overwhelmed. it's a tough moment right now, chuck. >> listen to jeff zients there, look, he split it out, he said basically they want to have a response that doesn't punish the vaccinated. i can tell you are i have my daughter at home, senior in high school, and absolutely petrified that they're not going back to in-person school. there's a lot of people petrified about that. can we come up with a response that basically doesn't punish the vaccinated but does keep the unvaccinated away from the vaccinated population? >> so in my home state of rhode island, our governor has put in a mandate that if you're not vaccinated, you have to mask. so anyone in a facility of 250 people or over has to be masked. at smaller facilities, if everyone is vaccinated you can take masks off, otherwise masks are a mandatory. if you have a vaccine mandate in place, you can be unmasked. the other things that need to be in place include improved access to testing, both pcrs and rapid tests, improved ventilation, and an ability for those of us who are vaccinated to take care of ourselves at home if we should get a breakthrough case. so i'm telling everyone now is the moment to be prepared, to get ibuprofen, chicken soup, pedialyte, and a pulse ox to monitor yourself at home. >> would you be stockpiling test kits at home? >> i am stockpiling test kits. i've got about 12 sitting in my kitchen cabinet for get-togethers with my parents. my daughter is turning 13 and will have a small get-together, every kid will test before they enter the house. now is a time to go out and buy those rapid antigen tests. >> omicron is spreading super fast. do you expect that to overtake delta and actually get rid of delta? >> a great question. and i don't have a great answer. when you look at what's happening in the uk, you're watching omicron be superimposed on a delta wave. is it displacing it? too early to say. in south africa they had already been through their delta wave, so it became dominant but didn't push out delta. we don't know yet what will happen in the u.s. >> last year we sort of escaped a tough flu season. so we have flu, delta, and we don't know if omicron is going to cause hospitalizations. but you were talking about the health care worker issue. do you expect emergency rooms basically not to be available if you have non-covid-related, non-life-threatening emergencies? >> chuck, my own hospital system has already shut down any nonemergent surgeries due to lack of space in the hospital and out of control waiting times for people in the emergency department. we are both understaffed and overwhelmed, not just with delta variant and flu, but also with all the other medical emergencies that resulted from putting off care for a year and a half. the trouble is there is literally no surge capacity anywhere in the system, anywhere in the united states right now. so even small increases in number of hospitalized patients due to omicron will put us over an edge that has largely been reached already. >> and very quickly, the decision where the cdc essentially says don't get the j&j vaccine, get one of the other two, this seems to be a huge blow for global vaccinations. >> i think it is. i'm hopeful that for global vaccinations we'll have things like novavax to help us. but it is a disappointment. the bigger blow for vaccinations is the lack of distribution, lack of commitment to logistics and things like travel bans which hurt those in the developing world. >> that's for sure. dr. megan ranney, it is not a pretty picture. we're all hoping that omicron does not lead to severe disease. that's all we can hope for, i guess. please get vaccinated if you haven't and please wear a mask in either case. thank you all for being with us this hour. we'll be back tomorrow with more "meet the press daily." msnbc's coverage continues with katy tur. she'll be speaking with new york governor kathy hochul as her state decides what to do against this new wave of covid. good to be with you. i'm katy tur. you can't see it spreading through the air but you can feel it all around you. throw a dart at a map, pick a city at random, and you'll see long lines wrapped around testing sites, many of them hours long. nearly two years into the pandemic, if the lines are any indication, in some ways we are back at square one. walking around this morning, there were scenes like this everywhere. i shot this video of just one of the lines that i

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