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tv   CNN Newsroom With Kate Bolduan  CNN  April 8, 2021 8:00am-9:00am PDT

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knee is coming in and that's compressing in against his side as well. so the ability to expand his left side here is enormously impaired. and also, you're seeing that the size of the chain between the two -- the right side and the left side is very short. so he -- his whole left arm is also being pulled over. and so it's preventing him also from expanding the right side. i've been focusing on the bucket handle and the pump handle on the left. but you can also see here that these are impaired. his ability to expand his chest and, of course, the key factor you must keep that is in kind of a sense seen here in one sense is the street. the street is what is having a huge effect because he's jammed down against the street. and so the street is playing
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major role in preventing him from expanding his chest. >> you may use the stylist to draw on the screen. >> thank you. >> now did you select another still image that you observed as mr. floyd struggled to breathe? >> yes. >> i'm going to show what you is marked as state's exhibit 942. and if you can just identify it. >> i identify it. >> thank you, your honor . do you recognize this as the still umimage that you selected?
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>> yes, i do. >> we offer 492. >> any objection? >> no. >> 942 received. >> dr. tobin, what is the significance of this image, of what we see here? >> what you're seeing is slightly different than the two images. but they marry together. if you look on the left side, you see his finger is pushing against the street. you also see the hands here of the officers around his left hand. you can see the left handcuffed arm as we discussed. you're seeing a more clear view here, how it is really rammed into the back of his back. there is just no way he's going to be able to expand that. but with this -- the left image you see the finger on the street. then over on the right image, you see his knuckle against the tire. and to most people, this doesn't look terribly significant.
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but to a physiologist, this is extraordinarily significant. this tells you that he has used up his resources and he's now literally trying to breathe with his fingers and knuckles. because when you begin to breathe, you begin to breathe with your rib cage and your diaphragm. then the next thing you recruit after that is your sternum muscle which is the big muscle in your neck. when those are wasted up, then you're relying on these types of muscles like your fingers to try and stabilize your whole right side. because he's totally dependent on getting air into the right side. so he's using his fingers and his knuckles against the street to try and crank up the right side of his chest. this is his only way to try and get air to get into the right lung. >> doctor, showing what you is marked as state's exhibit 938.
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is this related series of photographs and images? >> yes. >> your honor, we offer states exhibit 938. >> any objection? >> no, your honor. >> 938 is received. >> so doctor, tell us what do we see in exhibit 938? >> the focus with -- the top panel is the same as the bottom one. the bottom is just the blowup of what you're seeing on the top. the focus on the left hand side is his shoulder. and, again, as i mentioned, when you have difficulty in breathing, you begin with the diaphragm, the rib cage. you go on to the accessory muscles and one of the very last mus muscles that you will use is your shoulder. you don't really use your shoulder for breathing. but if you look here on the left
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hand suide, the shoulder is extremely prominent. this is what people call sculpting of the shoulder muscles. you're seeing them standing out prominently. at this point on the left hand side, he is taking a breath in. using his shoulder to try and get a breath in. and then on the right side, you see between the breath where he's relaxing. he's not -- he's breathing out. and it's the two of them are shown so as you see the marked effect on the left. but again, you have to realize that the shoulder is a very ineffective way of breathing. because at that stage, the chest is also expanded. so when you contract your shoulder, because the chest underlying it is so expanded, you get very, very little air in. it's a very poor way of breathing. but it's what you have to do when everything else is failing, with you're in extreme on the
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use of the shoulder to try and breathe. >> so, doctor, have we covered the first item, the handcuffs and the street? >> yes. >> so let's talk about number two, the knee on the neck. explain why the knee on the neck is so significant. >> the knee on the neck is extremely important because it's going to stop the air getting in through the passage way. >> so is it possible to illustrate with an anatomy lesson? >> to understand the knee on the neck, you need to examine your own necks, all of you here in the jury. like i'm doing now. and so the first thing is, if you put your index and thumb up here at the top of your neck,
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the first big thing you're going to find is your adam's apple. you can find the adam's apple and it's a very sturdy structure because it is surrounded by cartilage and protects the voice box which is essential to -- for speech. and so any amount of compression on the adam's apple is not going to compress it. this is an extremely strong, sturdy structure. it's not going to be compressed by a knee on the neck. then you go down from your adam's apple and you feel the little bumps beneath that. and these are the rings of cartilage of your trachea. so this is your wind pipe here. and so that's, again, because of the cartilage there, a knee on the front part is not going to cause compression. okay? but then bring your finger up to the top of your adam's apple. and up at the top of your adam's apple, you're now directly over
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the hypopharynx. this is where the hypopharynx is loeked located on your surface anatomy. >> so why is the hypopharynx important? >> it's very important for understanding this case for a number of reasons because it's so vulnerable. because it has no cartilage around it. its going to be an area that is compressed. it's extremely small to breathe through. and it becomes very important for being able to continue to breathe through. >> i banwant to show you 935 an 937. could you identify just for the record tell us what is depicted?
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>> yeah, i'm looking at 937 which is the hypopharynx. >> and then 935? here we go. and 935? >> i'm look being at 935, the hypopharynx with a coin. >> and do these two images fairly and accurately depict the hypopharyx? >> they do. >> i offer state's exhibit 935 and 937. >> no objection. >> 935 and 937 are received. >> we can show them to the jury. doctor, using exhibits 937 and 935, could you help us to better understand what the hypopharyx is and what it does. >> right. what you're looking at here -- does this work? yeah, it does. the so here where i have drawn in red is the top of your tongue. okay? and that's the tongue there.
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and then above it is an empty space and then above that is the top of the heart pout. and so then the tongue comes down along here. and the critical structure in this case, because the act of speech in mr. floyd becomes very important. how he was able to speak and all these different things. so the structure that gives the speech are the vocal cords right here. and they're in the voice box and in the larynx. then we have the epiglotis, a little sliver. that comes in to prevent food from going the wrong way when we swallow. we use it both for swallowing for eating and we use the hypopharynx for breathing. so when we're breathing, the air comes in through your nose or mouth, go on down through the hypopharyx and then through the vocal cords and into the wind pipe. into the trachea. and go on down into the lungs.
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whereas when you're swallowing, that trap door of the epiglotis will prevent the food going into the air passages and will direct it into the food tube at the back, the esophagus. the area of the hypopharynx is exactly from the base of the epiglotis, the first yellow arrow down to the second yellow arrow which is the larynx. it's that little area that is the size of the hypopharynx? >> can we see 935? >> we know the cross section of area of the hypopharynx in adult people, these are difficult to remember those type of millimeters, but, in fact, right in the middle of this is the size of the dime. so a dime is basically the size of the hypopharynx and it tells
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you how small and how vulnerable is this area. so if it is decreased in size. it's a very tiny area. >> and so why is the hypopharynx important in the case of mr. floyd? >> because the hypopharynx is going to be the area that will be vulnerable to eclusion from the knee on the neck and the hypopharynx has another aspect. it is also controlled by the size of your lungs. as your lungs expand, you increase the size of the hypopharynx with every breath. so there is a regulation of that that's going on. >> was mr. chauvin applying force or pressure to the hypopharynx that you observed? >> the adifferent times. it varied from time to time.
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>> are you able to tell us if mr. chauvin had put his weight directly his full weight on mr. floyd's neck, you are able to tell us what impact or effect that would have had on mr. floyd? >> right. if mr. officer shoef yun had placed his knee directly on the hypopharynx, just that area of the dime and never varied from there and came in like a bulls eye on that particular area, then you would expect that this area would be totally ecluded. he varied the position that mr. floyd varied, the position of his head, and officer chauvin also varied the position of his knee. it varied over time. >> fit was totally ecluded, then what? >> itf it did, within seconds yu would drop the level of oxygen
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to a level that will be produce oxygen depravation resulting in either a seizure or a heart attack. one or the other. >> do you have another photograph taken from footage at the scene that would help the jury understand this point? >> yes. >> i'm going to show you what is marked as state's exhibit 941. and this is from exhibit 15 already in evidence. do you recognize this photograph and 941? >> yes, i do. >> your honor, we offer states exhibit 941. >> any objection? >> no. >> 941 is received. >> dr. tobin, tell the ladies and gentlemen of the jury what it is you mean to convey in exhibit 941? >> so if you're looking, say, on the one on the left and if you
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look at me first before you look at that, so if you stick your finger in your ear and you draw a line from your -- from the finger of your ear going down through the bodies in your spinal column, can you get a line going down and you're looking at that axis. and that's what i've drawn in here with the yellow dotted line. and so if you look here on the first slide, you see that mr. floyd's nose, his face is directly face down on the street. it's not at any angle. so next thing is, again, don't look at the slide, feel yourself on your own neck, and now if you put your hand at the back of your neck and you put -- at the -- you feel the bottom of your skull. and so where the skull, the bone of the skull ends and then you come down from that and you find -- and you put your whole
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palm of your hand around it. sorry? >> sidebar? >> hi, everyone. we're watching the nunth day of witness testimony in the trial of derek chauvin. let me bring in our cnn legal analyst laura coates and charles ramsey. chief, thank you for being here. laura, your reaction from what we heard from dr. tobin? >> what he is describing is torturous. he describes not only the physiology hunld trying to -- behind trying to respirate and him deduced to trying to use finger, knuckles, shoulder, and you combine that with the idea of the kneeling, but he adds a new element here, the manipulation of handcuffs with
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the street creating a rock and hard place. his z hiss description is so compelling. >> yeah. describing the left side of his body being in a vice. and effectively rendering it as if his left lung had been removed. that's how hard it had been. chief, stick with me. looks like we might be getting back into it. let's listen. >> you may do them and he should phrase it more if you twor do that. and if you wush to do it, that is your choice. you are not rurd equired to do anything that witness instructs you to do. feel free to do it if you wish. mr. blackwell? >> thank you, your honor. if we can go back to explaining the anatomy in the base of the skull. >> yes. so as i'm putting my hand here at the back of my neck and then feeling the tip of my skull and then i'm bringing down my hand, i'm feeling an extremely thick ligament. and that's called the nucal ligament. it's almost as if -- as i put
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the full palm of my hand on my nucal ligament, it's almost like wood it's so strong a ligament. and that ligament is what the knee is placed over on the left hand slide. and so with a knee directly over the nucal ligament, it can cause obstruction. this is such a dense ligament. and that's what you're seeing. and you're seeing as well with the yellow triangle -- sorry, the yellow diagonal here that the bulk of officer chauvin's knee is above that yellow line. the second thing separate from this -- on this slide, you can see that mr. floyd has his face rammed in to the street. because he's using his face here to -- to try to crank up his chest. he's actually using his nose and
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chin and forehead as a way of trying to help him get air into the right side of his chest. there is another way to crank up his chest. >> and how do you contrast that to what we see in the photograph on the right in exhibit 941? >> on the right hand side, you can see now the orientation of mr. floyd has changed. and also you can see the position of officer chauvin's knee has changed. it's come down below the yellow diagonal. and in this position, there's going to be far greater compression of the hypopharynx in this region compared to what you were seeing on the left side. on the left side, there is no compression of the hypopharynx. but on the right side -- if you watch the videos over time, you'll see that there is a variation over time as to where exactly is the location of mr. floyd's head and where is the
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location of officer chauvin's knee. >> and in the photograph on the right, the knee is exerting dr. tobin greater force on the hypopharnyx? >> yes. is it possible to call late the amount of snors. >> yes. we can calculate the amount of force based on the weight of officer chauvin on his body weight taking into account how much gear weight, the gear that he carries, and then also you have to remove out the weight of his shin bone and his boot. and so subtracting out all of these and then can you calculate the weight. >> can you also calculate the changes were narrowing in the spaus th space that people have to breathe through? >> yes, you can, separately. would this be akin to breathing
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through a small opening like a straw? >> yes, it would. when you have to breathe through a narrow passage way, it's like breathing through a drinking straw. but it's much worse than. that breathing through a drinking straw, i mine, is somewhat unpleasant but not that unpleasant. and then it gets much worse than that. >> so as the space narrows, is it more difficult than to breathe through? >> enormously more difficult. and we know that from psychics. >> and through psychics then, is that something that also can be calculated? >> yes, that can also be c calculated. >> would it be specific to george floyd? >> no, for anybody. we know in terms of what happens physiologically when you have this level of narrowing this is going to happen to everybody. >> can you please explain to the jury what those calculations would show about the effect of the narrowing on the airway and breathing?
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>> right. yes. i believe there is an exhibit that relates to that. >> let me then show you what is marked at state's exhibit 940 and 939. >> sidebar real quick? >> yes, your honor. >> taking a quick sued bar once again. let me bring in chief ramsey on this and get your take before we have to jump back in, chief. what has the impact, do you think of dr. tobin's testimony and the images he is using, xi xi exhibits he is using. >> this is having an unbelievable impact and going to have an unbelievable impact on the jury. he so simple in his explanation. i mean even i can understand what it is he is saying. but i've been thinking about how a copy of the tape and portions of his testimony could be used
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for future police training. because the manipulation of the cuffs. i mean, we talk about positional as f asphyxia. that's not what you really think about. i can see where this could actually help policing in general in terms of training. >> stick with me. >> what it's looking at is what is the effort to breathe. and then it is with different levels of narrowing. and so the very bottom one with the white triangle, the lowest curve, that is normal. there is no narrowing. so we see as the flow varies and shown in red is what will be the normal flow rate in a 46-year-old man. you look at 60% narrowing and this is much more narrow than breathing through a straw.
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if you get 85% narrowing, the effort to breathe increases 7 1/2 times compared to what it was with narrowing. you're seeing huge increase in the work that is required. it becomes far more duffle to breathe as the narrowing becomes more narrow. >> this is the science behind the plot before i showed you. and this is just the equation in psychics that tells you how that works. this doesn't look as a physiologist is i focus on the
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square sign of the structure that tells me when i see a square sign on top of it and it is below the level on the equation, it is the denominator. i know with that that you're going to be fine all along for a period of time and then suddenly everything is going to increase enormously. you're going to enter into a h huge increase. that's what we see on the experiment that was done where we're seeing there is really nothing happening. it suddenly tauz it takes off a is even more and more. so based on the formula here, you can tell that as you are narrowing and narrowing, the effort to breathe is going to become extraordinarily high. and at some stage unsustainable. you're just not going to be able to do it. >> so in this case, the case of mr. floyd, the narrowing was of
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his hypopharynx? >> yes. will. >> did the -- mr. chauvin's knee on the neck then cause the narrowing of the hypopharynx? >> yes, it did. >> so given the changes that you observed in mr. chauvin's knee on mr. floyd -- over time, were new of the changes significant from the standpoint of placing pressure on the hypopharynx? >> yes, they are extremely significant. >> let's look at 947. all right. and, your honor, we offer exhibit 947 which is taken from exhibit 15. >> any objection? >> no. >> 947 is received.
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>> now tell us what we see here in exhibit 947. >> what yaou're seeing is the orientation of officer chauvin. his body build is quite erect here. but in particular, what you're seeing is that the toe of his boot is no longer touching the ground. this means that all of his body weight is being directed down at mr. floyd's neck. because in many of the calculations i excluded the effect of his leg and his shoe because some of it was touching the ground. but here you can see none of it is touching the ground. so we're taking half his body weight plus the weight of his half the gear. and all of that is coming directly down on mr. floyd's neck. >> i want to show you exhibit
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943. did you assist in preparing this exhibit? >> yes, i did. >> would it help you in explaining your testimony? >> yes. >> your honor, we offer exhibit 943. >> any objection? >> 943 is received. >> and, your honor, you can clear the screen. thank you. so dr. tobin, what do we see in exhibit 943. >> we're seeing half of his body weight and gear weight is coming down. that is 91.5 pounds is coming down directly on mr. floyd's neck. >> is that all we see? >> the reason we're seeing that is because the toe is off the ground. and there is no body weight sitting back. he is not hunkering back on his
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he heels. so everything is directed down on his knee. in this place. his shin and toe and boot is playing no contribution. >> and were there times also when mr. shoechauvin's left kne on the back of mr. floyd's neck? >> correct. >> when was that? >> when his knee is on the back, that's a spreparate set of forc. it's the same force but compressing in different areas. it's compressing inside his chest. >> and what about the time when mr. floyd would have had his face smashed directly into the pavement? >> when his fatece is into the pavement at that time, if it's coming down on the nucal ligament, it's going to be a huge weight for mr. floyd to try to breathe. but he wont be compressing the
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hypo hypopharynx. they're complex in terms of how they're interacting. but they're all coming to the same point. >> now you paid particular attention, you told us, to the first five minutes and three seconds of the subdual on the ground? >> yes. >> how you would characterize mr. floyd's oxygen levels during the first five minutes and three seconds that mr. choauvin was o top of him? >> we know his oxygen levels were enough to keep his brain alive. the reason we know that is because he continued to speak over that time. we know that he made various vocal sound from the time that knee is placed on the neck for five minutes and three seconds. thats telling us partly that he's speaking. the big thing is it's telling us, because you can't speak without a brain being active. and so we know there is oxygen getting to his brain for whenever he is making an attempt
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to speak. >> sidebar. zb >> looks like we jumped into another sidebar. laura, what do you think the impact is of hearing dr. tobin on the jury and the graphic imagery that we've been seeing throughout? >> this is the definition of persuasive, compelling and damming testimony. you have somebody through the tone, cadence, expertise, coming across as extraordinarily credible, having composited, having evidence in terms of the form of exhibits that are able to be understood. he described a torturous scene. he asked for the jury to follow along his own physical demonstrations. put your hands here. follow along this area to the pount that the defense had to object to alert the jury, you don't have to follow along with
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what he's doing. obviously, they were. imagine how compelling it is them to have this described. i mean, you're introducing elements of 91 plus pounds of pressure on the neck of george floyd, manipulation of handcuffs. they must be thinking, not only was there kneeling, but you mean there was actually movement by the officer to continue in this sort of torturous event? this is damming. i don't know how the defense other than having sued bars and trying to derail can defend against this. >> the control room told me they're taking their 20-munn break right now. chief, i saw you shaking your head. your thoughts? >> well, i don't know -- nelson will earn whatever money he's getting. when he tries to cross-examination this particular witness. this is the most compelling witness that i have certainly heard in a -- in fact, i can't think of any more compelling. >> what is it about dr. tobin? >> well, he is just so -- i
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mean, one, his age. so you know he's been around a long time. but it's the way in which he speaks. he's very soft spoken. he's not trying to make this into anything bigger than what it is. he is communicating with the jury and putting it in terms so simple that you're not trying to digest something that is really beyond your ability to really be able to comprehend. and you get the sense this isn't just the knee on the neck and just a death that occurred, as laura said. it was torture. i mean, this went on for an extended period of time. his life was slowly slip ago way from him. and he's able to demonstrate that step-by-step by step. and, look, before i thought it was going to be the medical examiner's testimony. i'm telling you, this is it right here. this is -- this is going to be very, very difficult for anybody to overcome. i mean, it is what it is.
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this guy is unbelievable. >> yeah. i agree -- i was really struck as well, chief, as well, laura, because it wasn't just a knee on a neck is what this doctor is describing. it's the cement. it's the pavement. it's the positioning of how -- of hand. it's the knee on -- i was surprised the knee directly on the neck when his face was down was actually a better position because there was a ligament -- these types of things i've never even considered in the many times we've looked at the videos of george floyd's death. i was -- >> manipulation of handcuffs. >> exactly, chief. it is really saddening that knuckle on the tire, i can't get that image out of my head, laura. >> no. i mean, i -- i actually had to pause and rewind for a second. i thought did i hear that correctly? that he was reduced to having to use his knuckles, his finger,
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his shoulder eventually. i found myself trying to manipulate my own body to try to follow along. >> me too. >> that's exactly what you want to happen as a prosecutor. you want these jurors to be so enthralled that they're trying to put themselves into the position that no one wants to be in. which is into the body of somebody who has died at the hands by these officers. but also, up until now, the defense has had -- which is not necessarily -- not an easy task at all, but they've had to defend against a video through the eyes of laymen. through you about standers, through a 9-year-old, through a 911 dispatcher. through an off duty firefighter, through use of force experts looking at it after the fact. now they have to defend against this through the eyes of an expert who is looking at these from very different angles. not just what we were looking at all along. but now the idea of about the actual ligaments in the neck. the positioning of the oufr. we're learning as well that there was not even a boot on the
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ground by the officer. you had the maximum pressure exerted. all of these things, it shows you how important the jury composition is going to be. you have chemists on this jury. other injure, the love language may be the descriptive exhibits. and so the prosecution has to look at this and say which witness is going to resonate the most? this methodical cadence, demeanor of the expert, he is not paid. he said i'll do this for free. >> that's right. >> this is really compelling. >> and i come from a family of doctors. i have never understood the hypopharynx before ever until this witness is on the stand, i have to say. chief, you got to this earlier. but this ties together the whole concept of what we've seen and what we heard in testimony in days prior of excessive use of force. this was not -- this was not department policy.
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and you understand through just the position of a boot, the position of a handcuff, the pressure on a hand, where your knee is placed on the neck and the back via the impact of that really drives home how critical prosecute training is. why these poll suicies are in p. >> that's right. you have to learn and unfortunately you have to learn from something like. this but the whole time i'm listening to this and i'm thinking, you know, we talk about positional asphyxia. we talk about handcuffing positions. the but we don't really talk about what is this really doing to the suspect? and how dangerous is it? how important is it that you stop that as quickly as possible so that person can resume, you know, normal breathing and so forth? this could be invaluable in helping officers really understand even something like manipulating handcuffs and things like that. all these things have an impact. and i think that there is an opportunity here. going back to something said
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earlier that impacted laura with, you know, the hands near the tire and so forth. the first thing i thought about is that old saying that if you're falling off a cliff you would grab a blade of grass. that's how desperate he was to just try to breathe. do something that wouldn't help but you try anything. and, listen, i think that is so impactful. you'd be hard pressed not to have that affect you in some way if you're sitting as a juror or anyone else who is watching this right now. >> yeah. and they're only through two of the four contributing major contributing factors that dr. tobin highlighted as what contributed to the low oxygen level which is how he died. so they're not done. >> nope. >> no. they're not done. and you're so right. you talk about that, kate, the idea of remember they articulated the knee on the
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neck. it was the knee on the back and side. it was the prone position. it also was, of course, the hand cuff combined with the actual street which to use the phrase, the idea of being between a rock and a hard place, with every moment during this testimony, again, i go back to why witnesses are so important and their delivery can be so impactful. because it's the way in which he is not only a disinterested party, he doesn't work for the minneapolis police department. he's not a member of the floyd family. >> he seems to be a world renowned doctor. he doesn't need this. >> yeah. he actually had to -- i'm sure from more than one person in the world, when mr. blackwell asked him what pulminology was, i'm sure he had to describe that. it should be obvious to people. it's not. having him come out the gate and say, well, i'm actually an expert in respiration and the lungs and chest cavity and you have this visual.
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wait, these are all the different areas, of course that, are going to be impacted here. what a perfect expert. the autopsy report has yet to be introduced. we haven't heard from the medical examiner. they are setting and laying the foundation right now with this expertise the way that charles is speaking about that is going to make it very difficult for the jurors to view this through the lens of anything other than this sounds like from the testimony absolute torture to a human being. and you hear the testimony of those bystanders who one of them actually said, but he's a human. he's a human though. that's got to be lingering in their mindz ms. >> can i add something quickly? >> yes. >> they'll play the drug angle. you'll be hard pressed to say that wasn't a substantial cause of his death after this testimony and that's all they need. >> yep. thank you both. 20-minute break. we'll absolutely take you right back into minneapolis into the
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murder trial of derek chauvin as we've been watching some very, very compelling testimony today from this medical witness. coming up, we're going to -- as we're awaiting for that to resume, we're moments away from hearing from president biden. he is unveiling the first executive actions to combat gun violence. we'll take you live to the white house. that's coming up in minutes. what happens to your body language when your underarms are cared for? ♪ ♪ it shows! our new dove advanced care formula is effective... and kind to skin, leaving underarms cared for and you... more confident and carefree.
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cnn's jeremy diamond joins me from the white house with more. what are we learning with all this? >> kate, moments from now we'll be hearing from president biden directly if the rose garden at the white house alongside the attorney general where we expect the president and the attorney general to announce a series of measures that they are taking via executive action to try and address gun violence in america. just less than three weeks after those back to back shootings in atlanta and boulder, colorado, after which the president said he was going to take action. now we're seeing what that action looks like. one of those executive actions is going to be aimed at the so-called ghost guns which are self made or self assembled firearms that are not regulated as fire arms. a senior official declined to say whether this measure would go so far as to actually make these recollected as firearms. the goal being to limit the circulation of the types of weapons. similar restrictions auimed as
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these pistol stabilizing devices. he was able to essentially take a pistol and have that be modified into something more akin to a short barrel rifle. there will also be model red flag laws proposed by the department of justice for state legislatures to be able to consider those red flag laws, of course, we're also mentioned a lot in the wake of the shooting in parkland, florida. we do xbexpect to see gun contr advocates as he makes at announcementes. he is also going to be announcing he is nominating a new head of the atf. a gun control advocate and former atf agent at. that his name is david chipman. and his nomination is, of course, ground breaking in the sense that putting a gun control advocate at the head of this agency that regulates firearms. but, of course, it will be controversial. it will face opposition from republicans given that david
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champio chipman was a policy adviser to ga gabby giffords. he advocated, for example, for an assault weapons ban. these are the first steps that president biden says he's taking on gun control. and they are limited steps at that. they are not as expanse you have as some of the things he talked about on the campaign trail when he vowed on day one to send a bill to congress, for example, to address the liability protections for gun makers. we we're still waiting to see if that legislation will come from the white house. you want to see congressional action but given the slim majority, existence of the filibuster, none of that is happening any time soon. kate? >> showing once again the limited power that, well, any president has when it comes to pushing gun safety legislation without congress. gun safety regulations. jeremy, thank you so much for standing by for president biden. jeremy diamond is there. we're standing by for the testimony in the derrick shoef y derek chauvin trial to resume with the most compelling
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witnesses still on the stand. will we'll take you back to the courtroom when it does start back up. stay with us. aliens are real, alright. there's just too much evidence. kill weeds not the lawn with roundup for lawns products.
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welcome back. you're looking at a live picture of the white house. any moment we are expecting to hear from president biden, who will be coming to the rose garden to announce his first executive actions to try to combat gun violence. we are also -- the court proceedings we'll take you back to minneapolis. the court proceeding in the murder trial of derek chauvin have just picked back up. listen in. >> correct? >> and -- and why was the time
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period after the first 5:03 less significant to you? >> because at that point where he extended his leg that we see happening at the point we see that happening is at 24:21, that is when he has suffered brain injury. we see and we can tell from the movement of his leg that the level of oxygen in his brain has caused what we call a myaclonic seizure activity. those are medical terms but basically it means he has kicked out his leg in an extension form, that he has straightened out his leg, and that is something we see as clinicians in patients when they suffer brain injury as a result of a low level of oxygen.
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>> we'll talk about that more in a moment, doctor tobin. but is it significant to you whether mr. chauvin moved his knee off of mr. floyd's neck after mr. floyd was unconscious? >> no. i mean, it -- the movement happens around a different times but obviously the key thing is everything up to the time that we see the high poxsy, the brain injury that's occurring. and where officer chauvin moved his knee after that really is not going to have material impact on the case. >> would you help the ladies and gentlemen of the jury understand that if mr. chauvin is applying pressure on the side of the neck, as we see here in exhibit 943, how does that translate into narrowing of the hypopharynx. >> again, it's depend on what is the orientation of officer
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chauvin's body, what is the orientation of his leg and then also in particular into what is the orientation of mr. floyd. where exactly is the orientation of mr. floyd's head. because if it's the ligament is underneath officer chauvin's knee, there's going to be very little compression of the heperpharynx in this region and it moves to the side and officer chauvin's weight is coming down on the side of mr. floyd's neck, then you're going to get -- >> we're going to break away from the trial here. we're going to head to the rose garden with president biden, vice president kamala harris as well as the attorney general. >> good morning. over the course of my career, i have seen gun violence up close. i have looked at autopsy photographs. i have seen with my own two eyes
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what a bullet can do to the human body. i have held hands with the hands of parents who have lost a child. i have seen children who were traumatized by the loss of a parent or sibling. and i have fought my entire career to end this violence and to pass reasonable gun safety laws. time and again, as progress as stalled, we have all asked -- what are we waiting for? because we aren't waiting for a tragedy. i know that. we've had more tragedy than we can bear. we aren't waiting for solutions either because the solutions exist. they already exist. people on both sides of the aisle want action, real people on both sides of the aisle want action.
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so all that is left is the will and the courage to act. [ applause ]. and president joe biden has the will and the courage to act. [ applause ]. as a united states senator, joe biden took on the gun lobby not once but twice and he won. in 1993 he worked to pass the brady handgun violation prevention act. this law established a background check system and has kept more than 3 million firearms out of the hands of dangerous people. a year later he worked to pass another law to ban assault weapons and high capacity magazines for ten years.
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and as vice president, joe biden led the obama/biden administration's efforts to reduce gun violence. in fact, we were just reminiscing that he and i talked back then about his work because i was attorney general at the time of california. and his work resulted in nearly two dozen actions from narrowing the gun show loophole to expanding funding for mental health services. and as you will hear in a moment, president joe biden is a leader with great will, great determination and even greater empathy. he has seen the grief of all of those who have lost a loved one to gun violence. it is for them, for all of us, that he will never, ever give up on this fight. and it is now my great honor to introduce the president of the
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united states, joe biden. [ applause ]. >> thank you, kamala, madame vice president. thank you very much. you know, we're joined today by the attorney general, merrick garland, who i've asked to prioritize gun violence. it's also good to see the second gentleman who is here and it's good to see the first lady, dr. jill biden who cares deeply about this issue as well. and i look out there and i see so many members of congress who've led in this fight. so many of you who have never given up. so many of you are absolutely determined to get this done. we got a long way to go. seems like we always have a long
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way to go, but i also today we're taking steps to confront not just the gun crisis but what is actually a public health crisis. nothing, nothing i'm about to recommend in any way impinges on the second amendment. they're phony arguments suggesting that these are second amendment rights at stake from what we're talking about. but no amendment, no amendment to the constitution is absolute. you can't yell fire in a crowded movie theater. we call it freedom of speech. from the very beginning you couldn't own any weapon you wanted to own. from the very beginning of the second amendment existed, certain people weren't allowed to have weapons. so the idea is just bizarre to suggest that some of the things we're recommending are contrary to the constitution. gun violence in this country is an epidemic. let me say it again. gun violence in this country is an epidemic. and it's an

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