Skip to main content

tv   Day 3 of Trial for Derek Chauvin Accused in Death of George Floyd Part 5  CSPAN  April 1, 2021 7:04am-9:01am EDT

7:04 am
of government created by america cable television company. today we're brought to you by these television companies who provide c-span2 to viewers as a public service. >> back now to the trial of former minneapolis police officer derek chauvin in this portion, the court reviewed body cam footage from the police officers and other evidence with the help of minneapolis police lieutenant james jeffrey rulgle. call jeff rugle.
7:05 am
swear or affirm of the penalty nothing but the truth[s. >> yes. >> and before you begin if you could give us your name each of your names. >> james jeffrey rugle. j-a-m-e-s.
7:06 am
r-uge-l. >> thank you. >> thank you, your honor. good afternoon, as officer rugle. lieutenant. >> what law enforcement agency are you with? >> minneapolis police officer. >> how long have you been employed by the minneapolis police department? >> just under 32 years. >> how long have you held that rank? >> since 2000. >> before you talk a little bit about yourself, you understand that you've been called here today as sort of a foundational witness. is that right? >> yes, sir. >> you're personally involved in this case as somewhat limited we're to be offering various video evidence through you. do you understand that? >> yes. >> okay. >>ing so qhar your present adults with the minneapolis police department? >> i have technology unit.
7:07 am
>> migs and staff basically manage the technology equipment, software, systems, that officers used on patrol and in investigations anywhere they're doing their job. > tell jury about these systs and software and tools that you use. >> for example, we have a records management system wheret all of our police reports are kept. and so my staff manages that system along with a software vender. we use surveillance video for example surveillance cameras around city and manage accounts for that. advisor on where crams should be and make sure system is working. we -- the city uses body crams for patrol officers and investigators. we manage the body camera program including the video storage which is cloud based vender but all of the policyings and staff were enforced through our system administrators part of my staff. >> fair to say as a plpgd, the
7:08 am
department generates a lot of data. >> very much p yes. >> both written documents, video, audio all of these things need to be collected and stored and be able to be retrieved in a way that can be t associated wih a case number, is that right? >> correct. >> before stepping into the business technology unit, i would like you to share with the jury a little bit about your career at the minneapolis police department. when did you begin? >> i started 1989 patrol officer.li worked as aou patrol officer for several years. was promoted to sergeant, and as an investigators doing gang cases, gun trafficking and narcotics. promoted lieutenant in 2000 and served as patrol lieutenant with those on the street and couple of postings, served in this business technology job, o and i also was the manager of our strategic information center for
7:09 am
about eight years. >> i would like to for purposes of starting here focus on that, assignment withh the straw strategic information center. can you please describe to the jury what the strategic information center is. >> it is a real time crimer in so a facility where both sworn law enforcement officers and nonsworn analysts work doing, i mean, they're monitors police radio and cameras, they're looking at calls for service. and looking for ways to assist patrol officers in their job. so that could be anything from you know hearing l that a patrol officer is on the way to an address. or on, you know, a particularly high priority call looking up history that have address able to sending information an officer so they know more about it before they even arrive. they also do a lot of assistance to investigations. looking for analysis trying to, you know, find suspect based on
7:10 am
nicknames all sorts ofrr stuff. but they do that seven days week 20 hours a day. >> fair to say like any other business, they thinks havete changed a lot since 1989 when you started in law enforcement. >> great bet. >> we have much more sphis sophisticated surveillance tools and data storage tools is that right? >> yes. >> when did the strategic information center open? >> october of 2010. >> what was your involvement in the strategic information center at that point? >> iftion on the design team that helped to configure the way it was going to work. i was the initial and first manager of ther in so i wrote the standard operating procedures, policies, i created it from ground up along with supervisors that served with me. >> you managed that center until when? >> april of 2018. >> and that's when you began your position with the business
7:11 am
technology unit? >> yes. >> okay. now within this straw strategic information center focus on for the jury is the availability of surveillance video throughout the city. talk a little bit about that? >> so the city has a network of public safety cameras that are placed at strategic locations all over the city roughly 250 maybe a little more than that now. typically in high traffic or areas where we expect to see a lot of activity, those cameras are on 24/7 recorded all of the time, and they can be monitored both at the strategic information center from places like precinct and investigators can monitor them or retrieve recorded video as needed. >> we say monitor you're talking about monoor toking in realize timing. >> sure you can watch them live. you can move them if you will
7:12 am
pan, tilt zoom cameras to zoom on things that are of interest or know there's an incident a location where we have a camera they can see what's going on. >> how do you communicate with other officers who may be on patrol and in need of the information? >> there's a number of ways that the primary way would be sending in which we call a switch message so the squads have a computer in the car. and they're operating some software that allow us to sengsd them a direct message that flashes on their screen, and can give them -- you know updates on the call or any other information. we can also get on radio to broadcast to wider group and cell phoneso to call them if there's something more detailed than what you want to sending in the message. >> and that's a helpful for monitoring in real time. you also mentioned storage and retrieval of said footage is that right? >> yes. >> describe as a designer former
7:13 am
lieutenant of the strategic information center how the footage is to be stored, retrieved, and if possible associated with the particular case number or event? >> sure. so we use a system called mile whichse is our air prize video management system commercial soflt ware and each camera feeds image into milestone an they're recorded on a giant server that just hold it is video. they stay there for 14 days, and then after 14 days the video expires and it just goes away. but during that 14 days, the staff -- or investigators can go in and search by date and search by location. so you know, with the huge number of cameras we have, we can't monitor every camera all of the time there's just not enough people and your eyes would glaze over so it is very monofor an investigators to
7:14 am
contact the sick, you know, the day after an distinct and say hey will you go find the video from this corner at this time to this time and save it for me send it to me so they'll do that check the area where the incident was, and get the video. it can be downloaded out of the system so no longer subject to 14 day expiration and once it is downloaded it is leak any other video file that is there as long as you have it.t. >> and when you do or an officer does download milestone video and i think that jury has heard that term before already now milestone video when they download the milestone video does that leave any kind of a electronic trail so that you can know who made the request, what case number it was assigned to, and you know where the distinct came from? >> milestone video itself the amsystem doesn't have case numbers. but when downloading usually the file is named including the case number. and then to store that file,
7:15 am
rather than keep it on a person's local computer they store it in our video cloud storage system which is called evidence.com. and at that point it is associated with a case number. >> and the whole point of collecting the data i suppose is being able to retrieve it and use it for proactive law enforcement and also to review as evidence is that right? >> yes. >> so is this something that the sick does or officers of the unit do in ordinary course of business? >> yes very much so. >> upon request here were you able to review certain business records of minneapolis police department with which you're familiar to determine whether or not milestone video was requested and downloaded in this case? >> yes. > and when i say this case you're aware there was an incident that took place on 38th and chicago on may 25, 2020. >> is that right? >> c yes. >> was there milestone footage
7:16 am
on the date and around the time of the death of george floyd? >> yes. >> are you aware that footage was requestedge by a deputy chif here in connection with this investigation? >> yes. >> can you tell the jury what he specifically requested? >> he wanted video from the camera at 38th and chicago from about 7 p.m. until 11 p.m.. >> and based on your review of the record was that video footage obtained? >> yes. >> by a minneapolis police officer by the signal of dean kregel isli that right? >> he was a sergeant. >> okay. >> and milestone footage with the distinct you just described is that under minneapolis police department case number 2020/1406429? >> yes. >> and that's footage was
7:17 am
exported and then uploaded into the mpd evidence site for later retrieval is that right? >> yes. >> do you know when based on your review the case was uploaded? that footage was uploaded? >> yes. >> is that 12:50 a.m. on may 26th. >> you have reviewed this footage yourself. >> yes i have. > when? >> the day after the distinct to see if there was video available. >> and can the milestone footage does the milestone footage include a date and time stamp embedded in it? >> yes. >> based on your experience using thisdd footage are the dae time stamps accurate? >> they're very close to the sam time as what could be on your phone or anywhere else. >> and can those date and time stamps be changed or altered by thee user? >> nothing one of the reasons we use milestone is when you download video using milestone it creates a sort of -- secure package that includes a
7:18 am
player and a video and it can't be broken up altered. >> now, we asked you to review some of this foot raj and you're aware we have had it exerted, marked offering it as various exhibits is that right? >> yes. >> i would like to draw your attention then to exhibit 42. you were shown a video that you remember told would be designated exhibit 42? >> i don't know if i was told it would be 42 but i've been shown video clips yes. >> all right. [laughter] you watched it recognized it and believed it to contain accurate excerpt of the original milestone video downloaded under that case number right? >> yes. >> that assertion kregel exported? >> correct. >> would you agree that the excerpt itself is a little zoomed in captures -- various images from about 7:44 p.m. until 8:35 p.m. on the
7:19 am
exhibit. >> yes. >> at this time, your honor, offer exhibit 42 -- >> any objection? >> no objection. >> publish exhibit 42 and before we do that just to explain to the jury, what they'll be seeing is -- something of which they've already seen a couple of times. milestone footage i guess in that fore mat but there's no sound is that correct? >> correct. >> we're playing segment without sound or duration that will run from w 8:08 p.m. until 8:14 in about 42 seconds. all right. so i ask that that be -- published now. [silence]
7:20 am
7:21 am
[silence]
7:22 am
7:23 am
[silence]
7:24 am
[silence]
7:25 am
[silence] [silence]
7:26 am
all right we will stop there. thank you. now, we like you to take a look at exhibitw, 1, please. publishing exhibit 1, do you see the familiar with the intersection here i'm assuming? >> yes. >> 38th and chicago. >> correct. >>th you see the gas station marked speed way. >> yes. do you see the small yellow icons if you can zoom in -- little icons. on the speedway. >> yes. >> okay.
7:27 am
what do those yellow icons mean? >> they're cameras. one of them is our camera. >> though, and if we can then just focus on the speedway there -- all right, so the perspective of that we were watching the milestone video iss taken from one of the two cameras depicted in what we see in exhibit one is that right? >> yes. >> the lower one. lower one on corner of the store that's why you catch speedway site? >> yes. rnch okay. [laughter] >> thank you. all right. graced take that down, please. now i would like you to focus a little bit more on what you're doing these days in the business technology unit. all right we know when you began that job, continue talk to the
7:28 am
jury a little bit about what the business technology unit does with body worn cameras. >> so minneapolis police uses body worn cameras as of now every sworn and my unit mansion program so we are primary point of contact with our body camera vender which is company called axon. we when cameras are shipped to us we set them up for use and assign they will to officers in the system. we make sure that officers are trained on how to use them. and we manage back engsd software called evidence.com where all of the body camera footage is stored and retrievable and managed in my unit also employs two full-time monitor who is audit body camera program to ensure that officers are following the body camera policy. but they're turning them off when they'reod supposed to that they're, you know, doing thehe checks that they're supposed to
7:29 am
and that the system is working well. >> and you're familiar with minneapolis police department body worn camera policy? >> yes. >> and this is something, obviously, in 1989 officers were not wearing them because they were not invented. >> when more commonly used? >> piloting them late 2015 or '16, and with that after piloting self several companies official rollout in 2016 and '17 now we finished rolling out into entire department. were you involved of the development of the body camera worn policy program? >> not so much in the development of it i was at the time. >> minneapolis police department body worn camera promise is in the manual at 4-223 is that right? >> yes. >> to offer exhibit 214 which is
7:30 am
the body worn camera policy 4-223. >> no objection. >> we're not going to publish that now because it is a lot reading but -- >> thank you. >> sure. but if you can give us a summary of what body worn camera policy requires. >> sure. so it requires that officers working in uniform always wear body worn camera that they have it on in a stand by mode whenever they're working that they activate it and record video when they're sponging to a call or when they're meeting with members of the public or any other time there could be anything that we might want to review later. and so it also mandates that investigators who work in play clothes wear cram when is they're doing enforcement action it is like executing search warrant and this kind of thing. > some of the body worn camea footage associated sound doesn't kick in for a little bit.
7:31 am
there's -- image but there's no sound can you explain why that is? >> well cameras are on but not activated dike a dvr when you press the button that kex on sowngtd and it saves previous 30 video without sound. whatever caused you would be recorded so now sound comes on when you activate it. >> but there's safe to say nothing wrong with it. >> it is exactly how it is supposed to work. >> tell us how it will physically attached to the officer. >>ing the size of a deck of cards. a little black rectangle there's a little bit ways to wear them. most officers use the magnetic mount which is basically a
7:32 am
prettyty strong magnet that goed in the shirt and then a mounting plate that goes outside shirt and camera attaches to that mounting plate so -- when the magnet is engaged it is fixed a lot of them wear it with a shirt pocket or up on the high on the chest is where they're supposed to wear it. capture, you know, a view of everything going on in front of them. >>in and every officer is issuea body worn camera is there a way to associate particular footage with a particular officer? >> yes. every camera has an electronic serial number and when we issue a camera, we go into evidence.com, and we find that officer in the roster and we say, this camera is assigned to this officer, and then that camera is linked to them until we remove that link. >> and so -- much like you're able to do with the milestone, you're able to attribute particular footage to a particular officer at a particular time.
7:33 am
>> yes. >> and you reviewed body worn camera footage before is that right? >> yes. >> is it generally a workable system? does it capture what it is supposed to capture? >> very much so. >> are you able to also associate particular footage can case numbers just whriek the milestone? >> yes. pso when an officer is respondg to an w distinct and records video, after the incident, we call it tagging they tag their video with the case control number from the incident. and that way when the video is uploaded into evidence.com it is tagged as being associated with that case. >> how long is this footage retained?he >> depending on type of video, the minimum retention is a year for any sort of evidencing it is arseven years and then for significant incidents it could be indefinite. and does minneapolis police
7:34 am
department provide body worn camera footage to other agencyings upon request if they're investigating case or a prosecuting agency if they're using that footage to prosecute a case? >> yes. >> how do they provide physically provide that footage to the agency? >>t a way is to set up a partnership within evidence.com. so for example, the county attorney who uses a lot of our video they have an account, they're a partner agency and so we can share with them within evidence.com to a give them ac setionz and then they log in to the samee system we are, and thy can see the video we've shared with them. >> obviously, there are several police officers involves in may 25th, 2020 distinct we were talking about, and minneapolis police provided a number of body worn cameras body worn camera footage to the prosecuting agency and bca is that right?
7:35 am
>> correct. >> okay. are you familiar with the specific officers who responded to the scene of the incident that incident that occurred from 8:00 in the evening to about 8:30 that memorial day? >> yes. >> would you agree that those officers included officer chauvin? officer king, officer lane and officer tao? >> yes. >> and upon your review does it appear that each of the four mentioned officers wore body worn cameras during that incident? >> yes. >> and you were able to associate it with the same case number you were t cited earliers that right? >> yes. >> and this footage was uploaded retained by mpd service? correct? >> yes. >> you viewed footage involved with various officers. >> yes.
7:36 am
>> all right at this time, i'm going to ask you to review a series to introduce and publish a series of body worn cameras associated with particular officers in this case. and the first piece of footage that i'm going to ask you -- to discuss is -- marked for exhibit 47. and it is the body worn camera footage of officer lane. at this time i will offer exhibit t 47. >> with that exception, it is received. >> at this time, i'll ask to publish exhibit 47.
7:37 am
will you please hit pause and if you could enlarge and highlight time of the police -- oh. then i -- all right. to draw your attention to the upper rngd corner of the footage that you're seeing here are you able to see the dates and time stamp? > yes. >> okay. it say he is 5:25, 2020. >> correct. >> the time is expressed in military time is that correct? >> yes. >> so 20:07 about 8:20 p.m. you can see footage and exxon that is brangsd of the bodies camera is that right? >> yes. >> serial number only the footage as we also. >> yes. >> again so this particular
7:38 am
footage exhibit 47 is associated with officer lane based on serial number that you see, and footaging agains at about 8:07, 58 sendings is that right? >> yes. please continue publishing exhibit -- this is that sound free lag there's no glitch here. 30 seconds and sound will kick in.
7:39 am
[sirens] [inaudible conversations] >> back in -- [honking] an record should reflect that the time noted here is 8:09 in about 27 seconds was that right? >> yes. please resume.
7:40 am
other hand let me see your other hand. >> hands up right now. see your other hand. >> all right. what did i do? >> put your hand up there. >> put your [bleep] hand up there. hands on the wheel hands on the wheel. in the car -- >> put that back in. god dang, man. now i got -- >> okay what i say put your hands up. got his y hands man handle on tp of your head. >> hands -- >> hands on top of your head. handle on top of your head. step out of the vehicle and step away from me all right.
7:41 am
step out and face away. step out and face away. >> please don't shoot me, man. >> don't -- please don't shoot me man. >> i'm not shooting you. my mom, man. >> step out face away. step out and face away. >> please don't shoot me mr. officer. don't shoot me man. ot>> please, please don't, man. please, please. i didn't know, man. >> hands right now. put your hands behind your back then. come back. stay in the car. >> oh --
7:42 am
stop resisting. >> i'm not. >> yes, you are. [inaudible conversations] >> against the wall. yeah. >> what did i do? >> figuring out what's going on. drop -- what's the problem. >> the car -- you have id? 320 code 4. >> oh, my god. he didn't even do nothing. >> do you have id?
7:43 am
>> i don't. i just came over -- my daughter is on her way to get me.on >> what's the deal? >> i don't know. i don't know. >> getting all squirrely -- handle and being all weird like that. >> he's -- >> drunk or on something? >> got a thing going on i'll tell you -- he has problems all of the time, with that gun like. >> you saw that? >> i don't know. oh, my name. >> my name hill. >> can you spell it -- shaw --
7:44 am
>> put in the car. >> what's your last name? >> steele. >> date of birth? >> okay. well here's the thing, fake bill in there. we come over here he started grabbing for keys all of that stuff. starts getting weird not showing his hands i don't know so you're coming out of the car. hang tight right here. stay right here please. >> are you on something right now? because you act -- let's go. >> let's go. man -- >> i was just looping earlier. let's go. >> keep walking. man -- let's walk to the car. man --
7:45 am
oh, man. god, man please man. >> on your feet fates car door. >> man, please -- >> please something -- not listening -- but watch that car. >> i hear you. i know. i know listen up, stop. >> listening, i'm not. not ask you -- god man. what's going on -- look i'm not that kind of guy. i'm not that kind of guy. please. good kind of guy please.
7:46 am
please, man. please -- i'm just claustrophobic. j still going in the car. >> i don't -- nothing. please -- man. i'm claustrophobic for real. please take for me please -- please stay with me, man. god, man. please, man. please -- [inaudible conversations] dead people -- okay, okay grab a seat. roll the windows down -- attack --
7:47 am
take a seat you have to go in. grab a seat. >> don't believe me i'm about to die. i'm not that kind of guy. take a seat. >> dang, man. i'm not that kind of guy. i'll roll the windows down. all right. >> stop look at that. look at it. >> okay. bad, man. i don't -- i'm claustrophobic and anxiety. >> i'll roll the window down. >> scared at man about when i stop breathing -- okay. okay. count to three and i'm going in. i'm not trying to win. on the ground, anything. he knowl. it.
7:48 am
[inaudible conversations] claustrophobic. not working with me. >> claustrophobic over here i'll pull you up. >> not getting -- okay man, okay. god man -- >> get in the car. >> i'm not that guy. oh, man. please officer, please, please -- >> please -- please. no -- >> take a seat. i can't i'll choke. i can't breathe. [screaming] please. >> on the ground. on the ground -- awe -- awe -- i'm going down. i'm going down.
7:49 am
>> heart attack -- >> i can't breathe. >> ah, get him on the ground. >> i can't breathe. ii can't breathe. >> what's going on? take him out and just -- >> i can't breathe. >> awe -- >> on the ground. i appreciate that, i do. >> got --
7:50 am
i can't breathe. >> thank you. >> i can't breathe. >> momma where's my mother. my mother. my mom. oh. [inaudible conversations] i can't breathe. i can't breathe. i can't breathe. man -- momma i love you. please i love you. my sons i love them. awe -- i can't breathe. man -- oh -- momma, i love you. >> they're on their way.
7:51 am
>> i can't breathe. please. please let me stand. please i can't breathe. >> on the sidewalk one side other please. >> legs up -- all right. >> no one get out of the car. instruction. across the street watching. please, man.pl ah -- 2021 and 25 seconds so 8:25 and
7:52 am
21 seconds based on your experience and training, you haveve an opinion as to what tht item is? >> that's a body cam. please resume. >> i can't breathe. >> you're talking fine. >> i can't breathe. awe -- [yelling] i'm about to die. >> what do you want? >> i can't breathe. >> get in the car man. >> i will. >> i can't. get in the car.
7:53 am
might be like -- >> in the eyes ccp? eyes shaking back and forth really fast? >> that -- hurting. please. please -- i can't breathe. awe -- i cannot breathe. i cannot breathe. awe --
7:54 am
i can't breathe. i can't breathe. [breathing] please -- please. [inaudible conversations] okay.
7:55 am
he can't breathe. [inaudible conversations] [sirens] at the academy -- about to pass out. >> think that's -- >> pulse -- 23, washington street.
7:56 am
breathing -- >> he's breathing. doangts don't come over here. >> we need you -- get off. >> right now, bro -- look at him unresponsive right now. bro -- breathing --
7:57 am
[inaudible conversations] get him off. move. you're a -- bro. >> what? [sirens] >> here we go.
7:58 am
[inaudible conversations] are you serious?
7:59 am
[inaudible conversations] >> a vehicle -- [beeping] get out of the way. don't put --
8:00 am
[inaudible conversations] ... >> drawing your attention to what has been marked as exhibit 43, which is the body worn camera footage of officer kueng. i will offer exhibit 43. >> 43 is received. >> publish exhibit 43.
8:01 am
[background sounds] [inaudible]
8:02 am
>> is the driver in there? >> that blew went over there. >> which one? >> all right. >> put your hands up. >> you you are going to stay t there for me.
8:03 am
>> you've got one more back here. >> it's a lady. >> is that hert car? >> no. >> all right. car? [inaudible] he's giving this lady right here and i a ride. >> what stopped you year and cup foods? >> i bought a laptop but it wasn't working [inaudible] >> do you have your id on you?
8:04 am
[inaudible] [inaudible] come back. stay in the car. >> stop resisting. >> i'm not. >> yes you are. please, please. >> stand up. walk with me. walk with me.
8:05 am
stand up. come on. we are trying to get out of the street here so we don't get hit by a car. take a seat. sit all the way down. >> i will. >> please, man. >> do you have id on you? >> i have one at home. >> what's your name? >> george. george floyd. george floyd. >> date of birth.
8:06 am
>> october 14, 73. [inaudible] >> i don't want no problem. >> do you know why we are here? it sounds like you gave a fake bill to an individual in there. do you understand that? and we pulled you out of the car because you were not listening to anything we told you. >> i didn't know what was going on. >> you listen and we will tell you what is going on. i'm going to put you in the back of the squad and we will sort all of this out. is that your car? [inaudible] i'm going to hold onto that for you. stand up.
8:07 am
>> look at my wrist. >> are you on something right now? your acting erratic. [inaudible] [inaudible] >> stopped moving around. >> please, man. >> just unlock the door for me. >> stopped moving around. >> stay on your feet and face the car door.
8:08 am
you're not listening to anything we are saying. you are going to face the door right now. >> i'm listening. i'm not resisting. i'm not. >> i'm not that kind of guy. please. please, man. i'm claustrophobic. anything sharp on you? do you have anything sharp on you? >> i don't have nothing.
8:09 am
[inaudible] >> i will. >> i didn't know this was going to happen, man. please, man. i understand people do stuff and you don't know me. [inaudible] >> take a seat. >> i'm going in. >> no you're not! >> i'm not that kind of guy. i'm not that kind of guy. >> take a seat. you need to take a seat right now. >> we will roll the windows down. listen. i will roll the windows down if you put your legs in. you're not even listening.
8:10 am
i'm claustrophobic. >> i will roll the windows down. .. i'm claustrophobic, man. >> get in the car. >> get in the car. >> i'm not that guy.
8:11 am
>> please, officer, please. >> take a seat. >> please. >> i can't -- i can't breathe, officer. please. my wrist. my wrist, man. please. >> get in the squad. >> i'm not doing anything. >> get in the car. >> i can't breathe. >> take a seat. >> please, man.
8:12 am
>> you're under arrest right now for forgery. >> take him out. >> please, , man, i can't breat. >> come on out. >> on the ground. >> i can't breathe. i can't breathe. i can't breathe. >> stopped moving. >> mama, mama, mama, mama, mama. all right, all right.
8:13 am
mama, i love you. i can't breathe, man. >> ems is on the way. >> i can't breathe, man. please. please, let me stand. please, i can't breathe. >> stay on the sidewalk. [inaudible]
8:14 am
please. please. please, man. please, man. >> relax. >> i can't breathe. >> you're talking fine. >> i can't breathe. i can't breathe. >> relax. >> i can't breathe. >> what are you on?
8:15 am
>> i can't breathe. get up and get in the car. >> i will. i will. >> get in the car. >> i can't. i can't.
8:16 am
>> relax. >> i can't breathe i can't breathe. i can't breathe. >> just relax. >> what do you want? >> i c >> i cannot breathe. i cannot breathe.
8:17 am
>> i can breathe. i can breathe. >> please. >>
8:18 am
[inaudible conversations] >> he is passed out you think that is cool? >> you are a bum for that. >> let him go. >> don't come over here. don't come over here. >> he is not responsive right no. look at him. he's not responsive right no
8:19 am
bro is he breathing right no? check his pulse. check his pulse. >> check is polls. check his pulse.
8:20 am
is barely moving. >> he is not moving. >>. >> we have your updated location.
8:21 am
>> get off of him. what are you doing? >> is not moving. get off of his neck. get off of his neck. >> get off of it. >> we will stop playing at that point. when the body camera is working has an internal microphone and is located fairly close to the officer and you can hear even with background noise officers having conversations and conversational tone. they don't have to yell at each other. >> correct.
8:22 am
>> the results of the body worn camera the footage taken from officer thao state offers exhibit
8:23 am
49
8:24 am
[inaudible] i'm going down. i'm going down. i'm not going to run, man. i can't breathe. i can't breathe. please, man. i can't breathe. >> on the ground. >> you can't win, man.
8:25 am
>> i can't breathe. i can't breathe. i can't breathe. i can't breathe. >> stopped moving. >> mama. mama. mama. mama. mama. i can't breathe. i can't breathe. i can't breathe. mama, i love you. tell my kids i love them. i can't breathe.
8:26 am
mama, i love you. i can't breathe, man. please. please let me stand. >> stay on the sidewalk, please. [inaudible] >> please. please. i can't breathe. please, man. please.
8:27 am
please, man. >> relax. >> i can't breathe. i can't breathe. i can't breathe. i am about to die. >> relax. >> i can't breathe. >> relax. >> what are you on? >> i can't breathe. i can't breathe. >> then get up and get in the car, man. >> i will. >> get up and get in the car. >> i can't move. >> mama. mama. i can't. >> you can't win. >> my neck. [inaudible]
8:28 am
>> everything hurts. please. please. i can't breathe, officer. >> that's wrong right there. >> you got your knee right on his neck. >> i i cannot breathe. i cannot>>anet breathe. >> tough guy. tough guy. [inaudible] >> i can't breathe. i can't breathe.
8:29 am
>> he's talking so he's fine. >> we tried that for ten minutes. >> i train at the academy, bro. that's bullshit, bro. >> okay. he's talking. >> getting off the ground, bro. getting off the ground, bro. you are being a bomb right now. he's enjoying that shit right now, bro. you could've put them in the car by now, bro.
8:30 am
you're enjoying it. language,, your body man. >> bro, get up off of him. >> you know that's bogus right now, bro. you can't look at me like a man. he's not even as resisting arrestst right now. do you think that's cool? you think that's cool though, right? what's your badge number, bro? you think that's cool though, bro? you are a bomb for that, bro. bro, bro. >> i'm not scared of you, bro.
8:31 am
you are a grown ass dude, bro. you should check on him. he's not responsive right now. >> back off. >> is not responsive right now. he's not responsive right now, bro. look at him. he's not responsive right now, bro. do you see? >> is he breathing right now wax check is false. check is false. check his pulse, bro. bro, check his pulse, bro. what do you think that is? do you call what he is doing okay? you call what he is doing okay? >> are you really a firefighter? >> sim from minneapolis. >> check his pulse.
8:32 am
>> the man ain't moved yet, bro. the man ain't moved yet. you are a bum, bro. you're definitely a bomb, bro. >> all right. we will stop publishing at 20:26:34. officer chauvin also had body one camera come is that right? >> just. >> on your review is at boxer we saw underneath the car at one point in the encounter? >> yes. >> that is at exhibit 44, offering exhibit 44. >> no objection. >> forty-four is accepted. >> published 44.
8:33 am
>>
8:34 am
. >> 320 code four. >> copy. >> [radio chatter]
8:35 am
>> no i will ask you about some items we will seek to admit without publication at this point. officer was also issued a body
8:36 am
worn camera there is footage cap on - - captured the incident as exhibit 48. >> there is a number of still photographs taken from some of the footage that has been viewed. i will offer two without seeking to publish. >> exhibit 57 still photographs from 2030, 41.
8:37 am
schleicher:
8:38 am
[inaudible conversations] schleicher: 58 the body worn camera. fifty-eight is received. officer body worn camera. fifty-nine is received. >> the body worn camera 2030, 59. >> it is receive. >> after 61 body worn camera 203132. >> 61 is receive. >> 62 body worn camera 2030 to 12. >> it is receive. >> 63 body worn camera 203411. >> 63 is receive. >> the body one camera >> sixty-five is received. >> offer 66 body worn. camera. >> no objection. >> 66 is received. >> offer 68 still from body worn camera -- this is not military time. 830 to 59:59. >> no objection. >> that was 68?
8:39 am
>> sixty-eight, your honor. >> sixty-eight is received. 0 a . >> 69 thao body worn camera. i'm sorry 833 and six seconds. after 70 thao body worn camera. >> no objection. >> 70 is received. >> no objection 71 is receive. >> offer 72 photograph from decaying body worn camera. >> no objection. >> 72 is receive. >> 72 main body worn camera 203822. >> no objection. >> 74 is received. >>
8:40 am
8:41 am
195 from defendant chauvin body worn camera. >> no objection. >> received. >> 196 chauvin body worn camera. >> no objection. >> received. >> offer 197 body worn camera. >> no objection. >> 187 received. >> 237 body worn camera 2017, 45. >> no objection. >> received. >> 238 chauvin body worn camera 2018, 18. >> no objection. >> received. >> 239 thao body worn camera. >> no objection. >> receive. >> 240 kings body worn camera 2019, 27. >> no objection. >> received. >> 241 body worn camera. >> n >> offer 244, audie one camera. at 20:26:55. >> no objection. >> it is received. >> offer 245 body one camera at 20:28:23. >> no objection. >> 235 is received. >> exhibit 248 body-worn camera at 8:27:41. >> no objection. >> 238 is received.
8:42 am
and then one finally body-worn camera to offer in for publication, that is relatively short, your honor. exhibit 45, another segment of the defendant chauvin body-worn camera? >> any objection? >> no objection. >> it is published.
8:43 am
[background sounds] >> you can't win, bro. you can't win. >> i'm not trying to win. >> go get in the car. don't do me like that, man. period i'm claustrophobic. >> can i get in the front? >> no, you're not getting in the front. i'm not that guy. please, officer, please. please.
8:44 am
please. i can't choke -- i can't breathe, officer. >> get inside. >> please. i can't take that, man. i'll lay on the ground. i'll lay on the ground. i'll lay on the ground. i'm going down. >> and then we have reached the point where based on your experience and observation that the camera is now on the ground underneath the vehicle, is that right? >> yes. yes. >> thank thank you very muc. i have no further questions.
8:45 am
[inaudible] >> [inaudible conversations] [inaudible conversations] [inaudible conversations] >> your honor, i have no for the questions of this witness. >> all right, lieutenant, just have the seat. there's some of the things we have to deal with. members of the jury we will excuse you for the night, and so we're going to be in recess as far as you're concerned until roughly 9:15 or 9:30 tomorrow,
8:46 am
if you follow the instructions and we will see you tomorrow. >> be seated. all right, mr. nelson did you want to proceed?
8:47 am
>> the record to reflect where outside their in of the jury for offer fruit. mr. nelson. >> thank you. your honor, as we discussed previously, the state has shortened certain body-worn cameras. i have as an offer of proof more extensive copies of both the milestone as well as the body-worn cameras. for purposes of the offer of proof i do have a few questions for lieutenant bruegel. >> you may proceed. >> lieutenant bruegel, in terms of the milestone cameras, during the course of doing them we see the camera turning? >> yes. >> seven was operating that came at the time, correct? >> correct. >> so someone was monitoring the came and they were the ones that were turning it? >> yes. >> and when you saved that footage of when the npd say that footage, that was that something
8:48 am
that was happening? it was recorded essentially. >> was right. once it is recorded you can't change it. >> now, star as the clip that we saw you would agree that is a shortened version of the entire piece of evidence that was gathered by the npd? >> yes. >> in terms of the software capabilities of the milestone camera, you are familiar with how to operate? >> yes. >> and you would agree that the software that runs the milestone is different from the software that was used to show that clip? >> yes. >> okay. for purposes, your honor, if we could show the witnesses or even display since the jury is not out. but even in terms, this is what the player looks like for the milestone system?
8:49 am
>> correct. >> and you are able to go through this -- excuse me. you were able to scroll through the time that was saved? >> yes the pink bar at the bottom with that indicate the time that was stayed? >> yes. >> at anything that happened prior to that what it is black our subsequent to that where it turns black again would be gone, right? >> yes. >> all right. this play also has some other capabilities such as zooming, right? >> yes. >> we can actually take this and move the camera around. correct? >> yes. >> and has this compass row that allows you to manipulate where the camera is. some of the images and large within the original video. >> you are zooming within the
8:50 am
video now. >> okay. you also have the ability here to play it in different speeds, is that correct? >> yes. >> so i could play itor at, as high asit 16 times the original speed? >> correct. >> so it goes much faster as we see on the screen. >> yes. >> as well as we could slow it down to as much a quarter time, right? >> yes. >> all right. so if i just put this back to regular speed, and then soll, for example. you can actually zoom this in or zooming out as we discussed earlier? >> yes. >> as well as manipulate the
8:51 am
angle to see as much of whatever was captured within the field of the cameras of vision, right? >> yes. >> and the total time that you gathered was from approximately 7:00 p.m. i believe leave it to you said about 11? >> i think that's what it was, yes. >> let's just verify. >> as far as -- 10 p.m. so from seven to ten, three hours, right? >> yes. >> now with respect to the body one cameras, does npd also maintain -- we can turn the screen off, your honor. does npd also maintain oddie one camera footage for the park police or to spark police have owned unit? >> they have their own. >> in terms of the body one cameras with an officer is on duty there are certain
8:52 am
circumstances under which they can shut them off as whatever the policy is, right? >> yes. >> you are for me with a policy? >> yes. >> but there are certain times officers are required have them on as well? >> yes. >> so when officer may in the course of interacting with his partners or talking with various people, he or she may turn off the body-worn camera at a a certain time, right? >> yes. >> and once the circumstances change and they are required to turn the camera back on, they hit it and every time to turn off and on it creates a different segment of video, is that -- >> correct, with a buffer. >> with a 30-second buffer each and every time. >> yes. >> when we are watching the videos and wee see the first 30 seconds, then all of a sudden you see then hit it and that's when the sound comes on, it goes backwards 30 seconds, right? >> right. >> but some would not be captured. >> not during the buffer.
8:53 am
>> the 30-second buffer. so when an offer routinely handles a call and they go to save the body one footage, it's not always necessary one continuous video segment. maybe several seconds, right? >> correct. >> in this particular case i believe with respect to each of the four officers thus far, there were multiple segments of each body chemical each officers body camera? >> i know more than one. i don't -- sure, yes. i think so. >> again, i could look into good specific numbers, so if you look at a file folder that has mr. show friends body-worn cameras and there were three segments, that would be representative of three times that he turned it off and on? >> yes. >> and they all would have the same case number and each offers
8:54 am
or may have more than one segment of time captured? >> yes. >> all right. >> i have no for the questions for the purpose of this, your honor, on the record i have -- [inaudible] consideration that contains totality of the four officers body cameras. it has the totality of the milestone system. let me ask you one quick question, lieutenant. i apologize. the milestone camera, in order to operate that, it appears from the instructions you actually need to save it onto the desktop of the computer. are you familiar with that? >> to operate it? >> to run that player. >> you mean downloaded video? >> yes. >> to someplace, yes. you need to save it. you can save it to a thumb drive and then -- >> right. i guess what i'm s saying is lie whenur i get it i got specific instruction i had to save it on
8:55 am
my desktop in order to run the play. that?ou heard >> i i believe ie have run them from the thumb drive. >> okay.am i wasn't able tohe do that. >> okay. >> so for thebe courts consideration i wouldma suggest copying, you may find it easier to run the milestone if you save it on your desktop. i would note, your honor, and i don't know if the state isn't didn't to object on foundational purposes but it is the defendants intend to call peter j, minneapolis park police officer on the thumb drive, also is his body-worn cameras. if there are foundational objections, i would appreciate knowing that. alternatively you may want to do that if there are admissibility objections. >> foundation grant? >> i don't anticipate that, your honor. let me review the issue by the
8:56 am
don't see a reason to object on foundational grounds but substantively there would be some objections. >> all right. when do you want to deal -- basis for your case, correct? >> it is for experts both with respect to use force considerations as well as -- >> all right. when would you like to actually argue this? tomorrow morning? >> is today wednesday? >> thursday or friday is fine with me. >> could we do it friday morning, your honor? >> sure. let's do it friday at 9 a.m. then. >> at nine on friday? >> yes. i don't think it should take longer than that. okay. anything else for the record know before we adjourn? >> let me offer the thumb drive as court exhibit for purpose of consideration. >> we will market as a court exhibit some before i in camera
8:57 am
review or is it offered research to the motion to admit the entire -- >> your honor, just for the record i think that this was initially posed as an objection to our exhibit and you received that come those exhibits,, subject to that objective. it seems this more of an affirmative offer in this case, and so asked court to overrule the objection and receive all of the exhibits with offered today substantively. >> with respect to the objection that i did make earlier it was just to note i have no objection to the clerk receiving those items formally but i would also offering these. >> i will receive allop the exhibits that were provisionally received. formally received, and we will deal with the components friday at 9 a.m. >> thank you, your honor. >> all right. anything else for the record? >> no. not from the state.
8:58 am
thank you. >> thank w you. you can step down. we are adjourned until -- lets to 9:00 to partition case case any motions pop up in the meantime. 9:00 tomorrow. 930 thymic for the jury is most likely. thank you. >> the trial of former minneapolis police officer derek chauvin who is charged in the death of george floyd continues today at 10:15 a.m. eastern. watch live coverage of the trial on c-span2, online at c-span.org or listen live on the c-span radio app. if you missed any of our live coverage watch at 8 p.m. eastern on c-span2 and anytime on-demand at c-span.org.
8:59 am
>> booktv on c-span2 has top nonfiction books and authors and you weekend. >> watch booktv this weekend on c-span2.
9:00 am
>> we are live now to from white house chief of staff ron klain who is expected to talk about what's next on the president agenda this morning at the present unveiling a a $2.3 trillion infrastructure and economic package. "politico" is hosting this event. event. this is live coverage on c-span2. ..

6 Views

info Stream Only

Uploaded by TV Archive on