look at the grand opening sign for a testing site when vaccines are widely available but free at-home tests are not. new york governor kathy hochul will join me live in just a moment. and look at this scene at a drive-through testing site in miami, a line of cars going on and on and on and on, as far as the eye can see. if you didn't know any better, you would think this was from last year. it's not. so let there be no doubt, we're in the thick of a delta surge with an unstoppable omicron surge spreading rapidly right on top of it. this morning dr. fauci revealed new data showing virtually no degree of protection from omicron five months after vaccination. no degree, after five months of vaccination. however, he says, if you get boosted, you are well-protected. and either way, early indications are that if you do get a breakthrough infection, it is likely to be mild. but if, after a year of vaccines being available, you are still not vaccinated, health officials say you should be very worried. >> we are in a situation where we are now facing a very important delta surge. and we're looking over our shoulder at an oncoming omicron surge. clearly, unvaccinated individuals, as jeff said in the beginning, are really at a high risk of serious involvement, including hospitalization. the fully vaccinated are doing much better off. but as i've shown you in the previous five or six slides, the optimum protection is fully vaccinated plus a boost. so the bottom line of what we've been telling you all along, it is critical to get vaccinated. if you are vaccinated, it is critical for optimal protection to get boosted. >> meantime, as places from college campuses to broadway shows to restaurants are shutting down because of breakthrough cases, the biden administration is unveiling a new plan to keep kids in school even as these waves keep rolling ashore. that is likely to be a relief for a lot of anxious parents and kids. my colleague heidi przybyla joins us today will join us with that, as well as critical care pulmonologist and medical contributor dr. vin gupta, as well as nbc correspondent lindsey reiser. i saw an extremely long line this morning, testing site after testing site. it looks like the early days of the pandemic. what's happening in new york? >> it's shocking to see, katy. you mentioned in miami, car after car, as far as the eye can see. look at this, person after person on line on 57th street in midtown manhattan. as far as the eye can see. this is in midtown. people have been waiting in this line since before 6:00 a.m. not the people currently here, the line is 2, 2 1/2 hours long, but people were here well before the sun came up, before this place opened. if they're traveling internationally, they have to have proof of a negative covid test. some of them know somebody who tested positive so they want to test themselves. one of the people i talked to was symptomatic. the issues vary, but we talk about this still being an issue at this point in the pandemic, medical experts i talked to are wondering why we haven't learned from surge after surge. most of the people i talked to are not mad that they're waiting in line, they're happy people are getting tested. but this comes as we see more and more cases. you know you'll have the governor of new york on your show, katy, she just tweeted yesterday, 18,276 cases as of wednesday. that's a huge jump, that's a 40% jump from day to day and also the highest we've seen since january 14th in the middle of the winter surge. we know that omicron is spreading in this region. we also -- it's about 13% of cases, positive cases in new york and new jersey compared to about 3% for the rest of the country. and we also know that the city's positivity rate doubled from week to week. you mentioned broadway closing, restaurants closing. the rockettes canceled all shows today because of breakthrough infections in their production. it does feel eerily familiar from the early days of the pandemic, katy. >> let's talk about how we're measuring this, dr. gupta. should we be measuring this on hospitalizations and deaths rather than the number of cases? given that omicron is going to spread and given what we know about it at least so far, that it's not going to be as severe as, say, the delta variant, is this the right way to measure the spread? is it the right way to make decisions based on the spread when we're dealing with the omicron variant? >> katy, good afternoon. psychologically for the country and the world, yes, we need to start talking about this differently, a different vocabulary, moving away from cases. again, i lean into this as a pulmonologist that is actively caring for these patients, that we cannot expect a vaccine against a constantly changing, contagious respiratory virus. think flu, now we're thinking about covid. you're going to inhale it, point of personal privilege here, you're going to inhale this virus into your nose. we don't have a lot of antibodies. we have some antibodies in the cells lining our nostrils, maybe our throat, and omicron can evade those initial defenses. in some cases we're seeing people test positive if they're fully vaxed, but they're not getting sick. in south africa, among those 16 and older who are fully vaxed, hospitalizations are much lower than previous surges. that's success. so we need to talk about vaccines and what we should have reasonable expectations for and reset that for the country so psychologically we can really start to move forward. >> how do you feel, how should we feel, if you're walking out of your house today with two vaccines and a booster shot, should you feel comfortable going and sitting inside a restaurant and eating indoors without a mask? should you feel comfortable in an exercise class indoors with other people? >> yes. in my opinion, yes, absolutely, understanding, and this is the key qualification, that there's no such thing as zero risk. every cold and flu season, katy, you don't want me to talk about this, but there's probably 20 flu virus -- respiratory viruses that you probably never heard of, nor have your viewers. that's what i geek out on. you may never have third of them. they cause a sore throat, runny nose, but that's it. that's what we're hoping covid turns into for the vast majority of people who are triple vaxed, a nuisance. hopefully we'll also see that for the high risk vulnerable. there's no such thing as zero risk. you might test positive. we need to turn the temperature down on what vaccine breakthrough infection actually means so people don't get as anxious right now. >> one other question for you, dr. gupta. we have the governor of new york coming on in a second. new york is seeing a surge in cases. i'm already getting emails from restaurants that i frequent saying, we're closing down for the weekend, there are broadway shows closing. what would you say to the governor new york about what she should be doing right now in this city as the holidays approach? >> you know, to the governor i would say that the leadership in new york city has been excellent. and i think that should be a paradigm for the rest of new york. encourage vaccine bubbles. encourage people to do safe, vigilant holiday travel, triple vaccinated, high quality masks en route. a plane is a very safe place to be, frequent air ventilation is happening. in restaurants, vaccine bubbles. again, we need to start messaging to people so they recognize, no such thing as zero risk, might test positive, might have mild symptoms, in the vast majority of cases that's the new normal. that's what i would encourage because that's where we're headed, katy. we're not headed towards eradication. we have to reset expectations so people can go on with their lives. >> get boosted, get boosted, get vaccinated, get boosted. heidi, the other angle on this, as you broke, is schools. so many parents out there are saying, i can't do home schooling again, i can't have my kid in this house, it's not good for their learning, it's not good for their mental health. kids want to be in schools. what is the biden administration's advice for agenda on that front? >> katy, the white house is concerned about major disruptions at hospitals and schools due to omicron. and today they outlined a plan to prevent what we saw last year, like you mentioned, which is most children learning virtually. we now as of this morning have new data and updated cdc guidance showing the effectiveness of an approach called test to stay, which involves frequent rapid testing of students at least two times per week and robust contact tracing. here is the cdc director from earlier today. >> and that testing needs to be at least twice during the seven-day period after exposure. if exposed children meet a certain criteria and continue to test negative, they can stay in school instead of quarantining at home. cdc is releasing two mmwr reports with evidence supporting the use of test to stay and how well it worked in two communities, lake county, illinois, and los angeles county. these studies demonstrate that test to stay works to keep unvaccinated children in schools safely. >> so katy, the idea is that with frequent testing, even kids who may have been exposed don't need to quarantine. the second part of this is a partnership with teachers unions to get as many teachers boosted as possible. now, omicron is already prompting some school closures. and this is before it truly crashes ashore here. one of those studies that she mentioned was on 90 schools in lake county. it estimated that test to stay prevented more than 8,000 missed school days. the other one she mentioned from l.a. county found schools that declined to implement it lost about 92,000 school days. but like i said, some schools are already closing with this rise in positivity. i've interviewed a lot of school officials, katy, but this test to stay. it requires a lot of manpower. but schools are especially vulnerable given these vaccination rates. listen to this, just 18% of kids age 5 to 11 now have at least one shot. that's compared to 61% of 12 to 17-year-olds. again, we're talking about single dose here, katy. >> and those are not -- single dose and it's not that much, for especially the younger kids. dr. gupta, when it comes to schools, getting that testing in place is going to be a lot of work for a lot of schools. if you are a school administrator, what would you be doing? >> here in seattle, the kent county department of public health has been doing these pilots for test to stay, i've been helping out with a few of those schools. heidi is right, it's a lot of manpower. it's a lot of investment, budgetary resources. there's now rapid pcr tests, katy, on the market. we talk a lot about the rapid antigen texts, binaxnow, others from abbott. there are other tests available that are even more credibility, greater sensitivity, you can trust the results, almost lab level quality. we have to get more of these out so you can trust that a negative is a negative. this requires training, it requires budget. and those things are often in short supply, especially in public school districts that are less well-funded. >> dr. vin gupta, heidi przybyla, and lindsey reiser, thank you all. let's take a brief break to talk about what's going on in minnesota. today former minnesota police officer kim potter took the stand in her own defense. they're currently in a break right now in the court. potter did testify that she was never physically trained on weapons confusion and had never deployed her taser during her 26-year career, never deployed and used it. before she mistakenly drew her gun and fatally shot daunte wright in the chest earlier this year. the former officer is facing multiple manslaughter charges. nbc news' shaquille brewster and civil rights attorney and former prosecutor david henderson. shaq, get us up to speed on the testimony. >> we expect court to resume in about 15 minutes here. but when it took a break, it was during a pretty crucial moment. as the prosecution was cross-examining former officer kim potter, it was going through almost frame by frame of the video of the moment when she yelled "taser, taser, taser," then fired that shot into daunte wright's chest. we got some new information as she explained she was the field training officer and she wouldn't have naturally made that stop that was eventually executed and led to that interaction with officers. and then she recaptured and went through her emotions what have happened during that period of time and got extremely emotional. listen to that section. >> had a look of fear on his face. it's nothing i've seen before. we were struggling, we were trying to keep him from driving away. it just -- it just went chaotic. and then i remember yelling "taser, taser, taser." and nothing happened. and then he told me i shot him. [ crying ] >> you heard at the beginning of that clip, she mentioned the fear in her partner's eyes. that partner was on the passenger side of the vehicle. that's part of the defense's justification, though say not only was the use of a taser appropriate, they say even if she had chosen to use her weapon, that would have been appropriate because of her fear for the safety of her partner. the cross-examination is underscoring the fundamental difference between a gun and a taser and we'll expect that to continue as the cross-examination resumes in 15 minutes or so. >> david, how do you think she's doing on the stand? >> katy, i don't think she's doing well on the stand but i also don't think it's going to matter. at the end of the day this case comes down to having to prove that she behaved consciously and the prosecution hasn't presented any evidence that have whatsoever. by putting her on the stand, the defense is giving the prosecution a chance to develop that testimony. but we haven't seen that happen effectively so far. what i would say is notable, building off what you just showed with regard to the way she's behaving emotionally, is that it's wildly inconsistent with her previous claims. her claims were that her emotion was based on the fact that she confused her gun with her taser. but now if you watch her emotion in court, she seems to be indicating that she was afraid that her partner was at risk of losing his life and that's why she responded the way that she did emotionally. and the best trigger is, i think that's why her lawyers shut her down when she became emotional and asked for a break, it was close to getting off the rails. >> to be clear, you think that because the prosecution isn't presenting evidence that she consciously did this, this means she's likely to get off from this? >> absolutely, katy. and it's really difficult for me to say that because i think today's testimony clarifies, daunte wright was racially profiled. she came as close to admitting that openly as she's going to. excessive force was used against him. however, if you look at the law critically, you have to prove that she acted consciously for first degree manslaughter or second degree manslaughter. we've had no evidence thus far that goes straight to that point. >> david henderson, shaquille brewster, thank you for joining us and giving us that update. we'll go back to the trial once it resumes. ahead, new york's governor kathy hochul joins me straight after a meeting with the state's health commissioner. is she considering new restrictions? a viral social media threat is scaring kids and parents and prompting schools to close for the day. you'll want to see this. tiger woods, good news here, returns to the golf course for the first time since his accident. today is what he calls hit and giggle with his son. as a professional bull-rider i'm used to taking chances. but when it comes to my insurance i don't. i use liberty mutual, they customize your car insurance, so you only pay for what you need. wooo, yeaa, woooooo and, by switching you could even save 665 dollars. hey tex, can someone else get a turn? 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♪ ♪ yeah, that's more like it. rumors of a viral tiktok video that alleges encouraged school shootings today prompted some schools around the country to close today. the threats and their origins are vague. law enforcement has no evidence they're even credible. as you can imagine, the mere word of it, especially after the school shooting in michigan, has a lot of families freaked out. joining me is nbc news justice correspondent pete williams. pete, explain what is going on and how law enforcement is reacting. >> well, frankly i think most of the response has been from school districts, sending parents notices, informing them about something circulating on social media that is described as a threat of school violence, though it apparently doesn't mention any specific school. these notices say there's no reason to think the threat is real. and for the most part, schools seem to be staying open today. but strictly as a precaution, some school districts say they'll have extra police or security on hand. now, we found a small number of schools in 12 states, mostly smaller districts, that have closed. and i guess not surprisingly, the largest number was in michigan. it's unclear, katy, how this all got started or exactly what this says. a federal law enforcement official says it may have even begun just as chatter that was built up through repetition. the fbi put out a statement saying it takes all threats seriously and urges people to report threats to police but also says we are unaware of any specific threats to schools and the risk nationwide appears to be low. >> pete, thank you very much. as we said at the top of the show, you can't actually see covid spreading but the long lines at testing sites will tell you everything you need to know. new york is about to get hit and could be the test case for the rest of the country again. but this time we have vaccines and we have boosters. and new york is one of the most highly vaccinated places in the entire country. so how this city handles the next few months could be critical, and not just for new yorkers. at least for those who are vaccinated. joining me now is new york governor kathy hochul. i mean places that are vaccinated, i should say. governor, thank you so much for joining us. we're seeing a spike in cases. there are a lot of people who are certainly nervous. restaurants have closed, broadway shows have closed, some businesses are saying you've got to go home and work remotely. is that what you're encouraging as well, even though this variant as of now, from all we know, is not as dangerous, not as severe as the other variants? >> that's an excellent point. first of all, the majority, the dominant variant right now is still delta, which has been dangerous for people who are not vaccinated, people who are not boosted. that's a whole category of individuals who are susceptible to being hospitalized or even worse because of delta. we are seeing a rapid increase in the number of our cases that are omicron. we went from 50 to 250 literally overnight. we think those numbers are underreported because it takes time to sequence and get the true identity of the variant. that all being said, we also recognize, based on information from south africa and other countries, this spreads quickly but it's not as dangerous. so while i want to -- primarily, my number one goal is to protect the health of all new yorkers, we also want to protect the health of the economy, because our economy, the epicenter of this pandemic 21 months ago, took such a hard hit. and people who are vaccinated, boosted, and wear a mask, they're very safe to go out and continue their normal lives and come see the tourist attractions and visit the city. a lot of them are outdoors and it's a wonderful place to be. we want them to continue their regular activities. again, staying tuned for any other developments. if we find out the new variant is getting people sick, but we're not seeing that evidence just yet. so we want to retain that flexibility because we don't know any more than they do in washington and this is the latest from the cdc. i don't want this economy to shut down again, it was so painful. i want kids to stay in school, i want students to stay in universities. we don't want our actions to be based in fear when we're in a better place than we were months ago, with the tools and weapons we need, the booster shot in particular. >> when you say flexibility, i take that to mean right now you're not considering any new restrictions, not closing down indoor dining, not requiring masks at gyms, et cetera, or are you? tell me if you are, and maybe -- >> we -- >> -- depending on how severe this ends up being. >> everything always depends on how severe it ends up being. but where we are right now, literally a week ago i instituted a mask or vaccination requirement for all businesses, businesses, restaurants, gyms, theaters. if you have a vaccination policy, you don't have to have your patrons or anyone wear a mask inside. if you do not want to institute that, and we encourage people to have that, but if you don't have that, particularly outside of new york city, then just require everyone to wear a mask. this is not about shutting down. it's about taking precautions when you're in those facilities. we think that will make a big difference. >> what about tests? there are a number of testing sites all over the city. what are you doing about getting tests in the hands of people at their own homes, people who maybe don't have the time or the ability to stand in these long lines because they have childcare all around the city? >> we have been building up our testing inventory. we just received a million test kits. we have another million coming next week, and another million after that. we knew how important this was, literally before this actually became the spread that it is right now, i ordered those tests to make sure we have them available. we were targeting those tests, though, in areas where we have high infection but low vaccination rates. we literally know who is vaccinated in the state and those people should feel very safe. testing is important but also areas where people refuse to get vaccinated, we're concerned that they're the individuals who are going to end up in our already overcrowded hospitals, hurting our capacity to take care of not just covid patients but people also need lifesaving medical care. we're looking at a microtargeting program to send them to their homes and say, at least if you're testing positive, stay home, don't go spread this to other people. that's what we're working on now. we're going to continue mass mailings of testing kits. especially our schools, i don't want to repeat what our children went through over the last year and a half, this hybrid situation, or having to go completely remote, it did not work for our kids. so many of them are so far behind, as well as the psychological effect. we're doing everything we can to build what may be for a little while the new normal. stay in your places of work, go to worship and schools, but do it with a mask on, and preferably with the booster shot. >> let me ask you about schools. any consideration to mandating vaccines for the children who are eligible right now? there already are a number of other mandates for vaccines. is this one going to be added to that list? >> unfortunately this has to go through our legislature first. they do meet in january. so a requirement for a vaccine would be in place for next school year. it's absolutely something we're looking at very seriously. >> any reason -- any way that could get expedited, given the urgency of the situation? >> i just have to wait for the legislature to come back in session. the extraordinary powers, the emergency powers that were in place in the early months of this pandemic that my predecessor had, they're not available to me right now. they were taken back by the legislature. so i don't have the same authority. but i'm not using that as an excuse. i believe this is important and we'll get that done. >> let's talk about just the number of people in this city and the state who have not been vaccinated. i know they're hard to reach at this point. it's been a year of vaccinations. what are you doing right now? there are places that mandate vaccinations, places of business, et cetera, but what are you doing beyond that to convince the people who seem like they're unconvinceable? >> we've had all kinds of promotions, tickets for the rockettes, ski passes, even a four-year college degree paid for 100%. i had the chance to call a number of 8 and 10-year-olds who won this competition. we've been trying to be as creative as we can. but i do believe that there is just this resistance among the final 10% of our population. and very sadly, they're the ones who are seeing their family members and themselves ending up in hospitals. and i had always hoped that would be enough incentive. but we're just having trouble breaking through. and that's why even testing kits for those individuals will be important, so they can find out if they're contagious, stay home, don't spread it to other people. there are still vulnerable people out there. and people who got vaccinated in the early months, our senior citizens and people in nursing homes, their protection is wearing off. that's why we pushed a heavy effort to have booster shots in nursing homes. and that's been successful as well. so i have our commissioner of health doing robocalls today to remind people how important this is, to say the surge is here, it's going to get worse, we know it's going to get worse, especially after christmas day, people gathering in person. there will be absolutely more spread. we saw a 70% increase in cases from thanksgiving to two weeks later, and the same thing is going to happen. but it doesn't have to be that way. this is so preventible. >> let me ask you this. are you going to change the requirement for what "fully vaccinated" means? is it going to be with a booster shot, especially since we're finding out that you can get omicron just as easily as if you were unvaccinated, five months after your second vaccination? >> we are working on that. and the only reason we have to wait is it's going to be a little tricky to work out the rules. because some people aren't eligible to have the booster shot yet. i put in a vaccination mandate for all health care workers. it was very controversial, but we did it, and we ended up going from about 60 or 55% compliance to 100%. we also had people who left the workplace. we have everyone who is vaccinated. a lot of them just did it in the last month or two, they're not even eligible for a booster for a long time. >> can i push back on that? because we have technology, we've got these vaccine passports, excelsior pass, everybody has it on their phone. isn't that able to distinguish between those who have eligible and have gotten the booster and those who are not eligible? >> it does, but picture the scenario. i walk into diners all the time in new york city. the person checking says it's vaccinated. does that person know the exact date that i would have been eligible to get my booster shot based on whether it was pfizer, moderna, or j&j? >> but maybe the technology itself, it can be blue if you're eligible and red if you're not. technology is an amazing thing, it can do wonders nowadays. >> no, the answer is we're working on this. i just can't roll it out today, until i address that one challenge that's been brought to our attention. i believe that should happen, and we'll make it happen in new york. we just want to make sure that we don't then invite criticism, you didn't figure out these categories of people that aren't even eligible yet, you're penalizing them, they can't go to a play or out to dinner because they just got their shot two months ago. i agree with you, we'll figure it out. >> governor kathy hochul, thanks so much for joining us and taking all my questions. i appreciate it. good luck here in new york. we're going to go back now to the kim potter trial in minnesota where she has re-taken the stand. >> yes. >> but you also told dr. miller that you don't know why you decided to use the taser, right? >> 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, ms. 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's in his paperwork. >> so on april 11th, you reached out and drew your weapon, right? >> yes. >> and you said, "taser, taser, taser," so the officer would disengage, right? >> yes. >> and they did disengage, didn't they? they let go of daunte wright and stepped back? >> cork to the video. according to the video. >> and after you shot daunte wright, you said, "shit, i just shot him, i grabbed the wrong fucking gun and i shot him, i'm going to go to prison and i killed a boy." you said all those things, right? >> i don't remember. >> that's what's on the video, that's what you said, right? >> yes. >> and you said that there are a lot of things you don't remember, on direct you testified that your memory came back when you saw your husband that day. 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 johnson's life, did you? >> i was very distraught, i had just shot somebody. i had never done that. >> you never asked sergeant johnson if he was okay, right? >> i don't remember the conversations. >> you didn't check in on him at all, right? >> i don't know. >> you saw the video, when sergeant johnson fed you the line, that guy was trying to take off with me, you didn't respond to that at all, did you? >> the video -- i was crying. i was in shock. >> and he was trying to make you feel better, wasn't he? >> objection, foundation. >> the objection is sustained. >> 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, right? >> objection. >> the objection is overruled. >> you didn't say that, right? >> no. >> and you didn't ask sergeant johnson anything except to call chuck, right? >> i don't remember what 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 it's 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. >> you didn't do any of those things on april 11th, did you? >> no. >> you stopped doing your job completely, you didn't communicate what happened 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? [ crying ] >> no. >> that all happened just down the road from you? >> yes. >> you were focused on what you had done because you had just killed somebody? >> i'm sorry it happened. [ crying ] i'm so sorry. >> ms. potter, from your reaction today, the 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, [ inaudible ]. >> the objection is overruled. >> you can answer. >> no. no. >> because you knew that deadly force was unreasonable and unwarranted in those circumstances. >> i didn't want to hurt anybody. >> you didn't want to hurt anybody? >> no. >> that's why you said "i'm going to go to prison"? >> i don't -- >> [ inaudible ]. repetitious. >> all right. the objection is sustained. >> ms. potter, you know the difference between left and right, don't you? >> objection. asked and answered. >> it's not been asked, your honor. >> the objection is sustained. >> nothing further, your honor. >> ms. potter, do you need a break? >> no. >> okay. >> i'm just going to ask you a few questions. do you remember your visit by zoom with dr. miller, a little bit, at least? >> we had a zoom interview, yes. >> okay. and that was miller in florida, as far as you know? >> yes. >> and you and me were in my office, correct? >> yes. >> and that was the first time that you had ever seen any of the video, correct? >> yes. >> were you able to watch it? >> no. >> you did tell mr. miller that when wright pulled away and got back into the driver's seat of the car, which was still running, potter, that's you, could observe johnson and lucky struggling over the console and it appeared that johnson was trying to prevent wright from putting the car in drive. >> objection. >> the objection is overruled. >> if you don't remember that because it was a while ago, i can show it to you and refresh your memory. >> i don't remember. >> if i can approach, your honor. >> read to yourself the last sentence of the second to last [ inaudible ]. does that refresh your memory as to what you told him? >> yes. >> and did you tell him that? pardon me, i didn't hear you. >> if it's in there, i must have. that day is so blurry. >> did you also tell him that you yelled "taser, taser, taser," so your 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? >> no. >> and why not? >> i'm only 5'3". if i got into a fight, [ inaudible ]. >> 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. >> that would be real life, that would be -- when you have to use those weapons, that would mean it was an emergency situation, would it not? >> [ inaudible ]. >> sorry, thank you, judge. what would it mean to you if you had to shoot [ inaudible ]? >> that i might kill somebody. >> when you three law enforcement officers -- 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, [ inaudible ]. >> rephrase that. >> who would be required under current policy to report the shooting? would it be the shooter or the other person in charge? >> on that scene it would have been sergeant johnson. >> because he was your supervisor, correct? >> yes. >> i've got a couple of more questions. if you stopped the vehicle in brooklyn center and you learned that there is a bench warrant for a weapons violation, you learned that there is a temporary restraining order, a female had lodged against the person that said he was in the car, but he really did -- mr. wright ever give a valid identification for himself? >> no. >> and the other officer -- now, you've got no valid information. you've got a gross misdemeanor. you've got a temporary restraining order, you've got marijuana smelled by your partner, you've got no license, no insurance. would you let that car go if you went up to it or attempt to handcuff the individual in the car, he jumped back in, would you have thought you should let him go down the street? >> no. >> a temporary restraining order, if you learned there is a temporary restraining order, is it protocol, is it policy, to as soon as you learn that, jump out of the passenger side, run up to the car and ask the lady what her name was? has that ever been heard of in police practice that you know of? >> no. >> thank you, ma'am. that's all i have, judge. >> is there any recross? >> ms. potter, you were asked about some statements that you made to dr. miller. on redirect, right? >> yes. >> you also told dr. miller that you resigned on april 12th to protect your police family, right? >> objection, this is recross-examination. >> your honor, the statements to doctor miller are at issue. >> i'm going to overrule the objection. 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's in the report, yes. i haven't seen the report. >> well, if it's in the report, you also said they 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 of yours? >> i object to this,. >> the examination is 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. you told him you don't want to hurt or injure anybody, right? >> that was very important to you, right? >> yes. >> you were advocating for their interests, didn't you, for the people you worked with? >> i advocate for everybody. you had a close relation to them? you referred to sergeant as a rock star -- >> joe no when i would have done that. nothing further, your honor. >> go ahead, mr. gray. in all of the patrols that you have conducted, did you have to rely on your partners for assistance anytime you did, stop or investigation of any nature? >> yes. >> that would be the family of the police department at brooklyn center, correct? >> yes. >> they were your second family, weren't they? as far as complains in the 26 years you were a police officer, did you ever have one citizen complaint? >> objection, your honor, beyond the scope. >> the objection is sustained beyond the scope. >> i have no further questions. 9. >> anything else? >> no, your honor. >> you may step down. >> thank you. so kim potter took the stand in her own defense. back with me civil rights attorney and former prosecutor david henderson, and shaquille brewster. david, can you explain that back-and-forth we just witnessed between the prosecutor add and the defense attorney over how she described her colleagues at brooklyn center, her fellow police officers? what was the relevant of that? >> that's a stretch for me. i don't know the relevance. i think both sides have lost their focus where it needs to be on these charges, and that is whether or not you can prove she acted consciously. what i mean by that is the common denominator between the two crimes she's charged with is whether or not she acted recklessly, a showing that she like, you draped it. it hasn't been shown in this case yet. >> just a bit of news. the defense has rested, jury instructions will go out on monday, so deliberation will begin after that. this trial, as you were saying a moment ago, david, you believe is going to be -- is going to end up showing that she is not guilty, because the prosecution has not proved she acted, i guess recklessly is a term you might use, or acted with intent to kill him. part of what i was interested in, as i was just watching that, was the stop itself. there's been a lot of arguments about why daunte wright was stopped in the first place they got into that talking about a former weapons charge, they needed to stop him because of that. there was a temporary restraining order. it was the officer's duty to make sure the woman in the car was not the woman who had the temporary restraining order. how is that going to factor? >> i think that factors in, they're effectively dog whistling, you know what, he had it coming, and she tried to use less force than was thor iced to use. i was a special crimes prosecutor. i've had lots of domestic violence cases. when those are your concerns, that would have been reflected in how they proceeded. they didn't ask her how she was doing. also, when she fired that weapon at daunte wright, there were lots of people in the vicinity, including the person she was interested in protecting. >> shaq, what is the community response to this trial like? what have you been seeing? >> reporter: you know, it's been relatively muted, especially compared to what we saw during the shelf chauvin trial occurred. there have been a couple protesters consistently outside the courtroom, but it is also frigid cold here. it's about 12 degrees right now, feels like around 5 degrees, at least when court started this morning. it's a different dynamic at play here. it's a more muted respond that you're seeing here, but people are watching. that's something that's also been made clear. this is manage people are focusing on. they expect and calling for a conviction, at least those protesters who have been out here. >> that is a good point. it's been very cold out there. it's hard to stand there unless you're shaquille brewster who has to stand there for our news coverage. thank you both. that will do it for me today. have a good weekend. stay safe. get boosted. garrett haake takes over our coverage, next. e takes over our coverage, next ♪ and your truck's been demolished by the peterson boy ♪ ♪ yes -- ♪ wait, what was that? 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