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tv   Ayman Mohyeldin Reports  MSNBC  March 29, 2021 12:00pm-1:00pm PDT

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>> to your honor. [ inaudible ] >> -- to speed this process up. >> mr. nelson? >> this's fine, your honor. >> all right. >> so for purposes of
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stipulation, ems code two for a mouth injury was called at 8:20 and 11 seconds. ems code three was called out at 8:21 and 35 seconds. the arrival time of ems was 8:28 and 36 seconds. am i reading that correct? so 8:28 and 36 seconds, ems arrives, correct? >> correct. >> all right. and ems didn't stay on scene, right? >> no. >> they left. and they indicated they went to 36th and park, right? and they didn't go to 36th and park, did they?
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>> ems? that's where i believe they were. >> okay. so to your belief, they went to 36th and park because that's what they called out, correct? >> correct. do you recall fire having trouble finding ems at 36th and park? >> yes. >> okay. because they didn't go to 36th and park, they went to 36th and chicago, correct? >> i don't -- i actually don't know. that's -- after those comments, i did not know that's where they went. >> ultimately, there was some confusion between fire and ems about where ems actually was. and you heard that radio chatter. >> i heard -- i asked the questions which are reflected in there. then relayed the information that i had of 36th and park. which was also added into the call. other than that, i didn't know their locations. >> okay. now, ultimately, you said that
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you were watching this video and you were still, i mean, you were still watching the rest of your work, right? >> correct, i was actively still working. >> you would look up for a couple seconds, look up, look down, throughout the course of the incident. >> correct. >> it's fair to say your attention wasn't necessarily focused directly on the cameras and what you were seeing. >> correct. >> but it was concerning enough to you, what you did see, that you called the sergeant of the third precinct, right? >> i was concerned. yes, because of the time of, the length of the incident had not changed. >> okay. so you called, and when you listen to your video, or the audio of your call with the
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sergeant. you called him at 8:30 and 44 seconds. >> is that the time of the call? >> correct. 20:30.44. >> yes. that's the first time we spoke. >> so the first time you spoke was at 8:30 and 44 seconds. in fact, during that phone call, you must have looked back at the camera and saw they were all gone at that point, right? >> correct. >> because you said something to the effect of, oh, way, they're all gone, right? >> correct. >> and the time that you had called in to the met link was at -- 8:31 and 12 seconds. does that sound right to you? >> for the met comm?
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correct. >> and squad 830 indicated they were going out to check the status of the a.p. that's what squad 830 typed into the system. >> correct. >> and that was at 8:55.08. now, again, you were concerned because of the length of the time that you saw this incident unfolding, right? >> correct. >> and i think you said that at one point, maybe the camera had even frozen? >> correct. >> because it seemed kind of prolonged, right? you can't hear anything on that video, could you? >> no. >> you had no idea what officers were talking about? >> correct. >> and you, not being a minneapolis police officer, are not familiar with the use of force requirements, correct?
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>> you are correct. >> but you are aware that when uses of force are made or used, sometimes you'll hear dispatch, the officer call for a sergeant, because they need someone to review a use of force, right? >> right. >> and at the time, you called the sergeant, you hadn't received any sort of a dispatch from squad 320, 330, or 830, hey, we need a sergeant to review the use of force? >> you are correct. >> every single time the minneapolis police department uses force, do they go through the dispatch process? >> using the radio? >> to get to the sergeant to report the use of force. >> as far as i know. >> you don't know whether someone called the sergeant on his cell phone to say, we need you down here. >> correct.
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>> so you had not heard that dispatch, correct? >> right. >> sometimes when a use of force incident occurs, that call may be fairly quick, and sometimes it may take a few minutes, right? >> that's true. >> and it just depends on the circumstances and the situation, right? >> correct. >> all right. now, you indicated that there were these tvs. there are more cameras within the city of minneapolis than six or nine tvs' worth, right? >> yes. >> are the televisions, are they split screen, where you can see five or six cameras at one time? or is it one big tv with one big camera? >> it is split screens, and you can go into different camera
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views. >> okay. just looking back through my notes. when you watched the video here in court, you said it was similar to the video that you had watched previously, right? >> yes. >> would you agree with me that the video we just watched seemed to be moving very slowly in terms of kind of choppy? >> pace? >> pace. >> yes. >> right. so an incident that you watched, you watched it in realtime, subject to a few seconds of delay for the signal to get through, right? >> correct. >> so i'm going to see if it
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makes a difference, if we look at it on my computer. if we could -- this is exhibit 11. yup. it should be plugged in. can we put it up?
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there we go. it's day one, your honor. so -- all right. now, when you watch this same video, it seems to be moving a little faster time? >> correct. >> because these cameras actually transmit realtime occurrences. >> correct. >> and you said that you first kind of took notice based on your estimate at 8:17, so i'm going to just skip forward a little. this is 8:17 and 38 seconds. back up here.
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so this is 8:17 and about 30 seconds. this is when you first sort of took notice of these cameras on the squad car, or at the call center? >> correct. >> in terms of the pacing of this, is this more consistent with realtime? >> yes. >> and one of the things you ultimately told agent peterson was how you noticed how the squad car was rocking back and forth during the struggle. >> correct. >> if you could just watch this and tell me when you start to see that happen. >> it's currently shaking. now currently shaking. >> and by rocking back and
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forth, the car is actually going forward, a little backwards, and it's happening over and over and over again, right? >> correct. >> and it's happening pretty much consistently during the course of the interaction of the officers, right? >> correct. >> and that back door is opening and closing on the officers. right? >> correct. >> now, the other things that you notice, when you look at this intersection, it's a pretty busy intersection, right? >> correct. >> lots of cars, people wandering about. this was may 25th, a nice spring day, not long after being cooped up inside here. >> correct. >> so now ultimately you observed and you saw these
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officers using force, right? or what you believed to be force. >> taking him out of the squad? >> right. or putting him in the squad. >> yes. >> and what you observed was a struggle between officers and the person they were arresting, right? >> correct. >> and that the the struggle ultimately resulted in that squad shaking back and forth. >> correct. >> and when you ultimately called the sergeant, you said, i don't know if this is a use of force or not, right? >> correct. >> and the sergeant told you it could be just a takedown. >> correct. >> and a takedown wouldn't require a supervisor. >> correct. >> ultimately, you know that the sergeant responded to the scene,
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right? yes? >> yes, sorry. >> and that is confirmed in the incident detail report. >> correct. your honor, i have no further questions at this time. >> mr. frank, your redirect. >> yes, your honor. >> just a few follow-up questions. i'm going to put 151 back up on
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the screen for you. because i'm thinking the questioning that counsel asked you about met link. i think that was the term used. i just want to question you on two points. if we can put -- okay. and i want to just clarify those times as well. if we go down to the time of 20:31.12. if we can just expand that out so we can all see it a little better, please? i think counsel asked you about this 20:31.12. that being the met comm call. what time was your met comm call? >> so the information i added was at 20:33 for the met comm. that is our resource that we use radio to radio in the metro.
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so we can be quick and be able to get information back and forth. >> so at 20:33.02, what is the purpose of that entry right there? what are you reflecting? >> i'm asking basically what is the reason why fire was added? i got on there and asked what do you need fire for? because there were no additional comments saying why they needed code three. >> so what you've typed in there via met comm, and you sent out -- yes? >> yes. >> is to tell what? >> the information that i got is that ems would like the fire department for patient condition at the requested location of park and 36th. >> so the answer you got is that ems wanted them to go there.
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>> correct. >> that's information you received before 20:32, but you sent it out at that time? >> correct. that's the time of me typing it in and putting it in there. >> when you have referred to your work duties that day, you can take it down, thank you, as channel one, how does that signify you from other dispatchers? >> there are two other channels. channel two is in charge of the north side, and channel three has downtown and the fifth precinct. and a relief dispatcher is there for when we need breaks or need to get up for any reason. >> so channel one, is that citywide or just precinct wide? >> just on those two precincts,
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i have my own dedicated question. >> having been questioned by opposing counsel about your call, as you sit here today, have you changed your mind about the reasons why you called the sergeant when you did? >> no. >> you were asked about the number of screens that you have up, looking at all this. and still being able to see what was going on on this call, from the city camera. that's been your work setup for about seven years, correct? >> correct. >> something you do an a daily basis, keep track of all these moving parts. >> yes. >> and that video that is up there, when it's not sending out work messages, can put up these city cameras, correct? >> correct. >> but you don't control that. >> correct. >> do you know who or what
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office controls that? >> it can change. sometimes the supervisors at our center can pull up cameras. like i said, sometimes we put them up there just to see what the weather is. especially if there are storms coming through, we can see how severe they are when people are calling in. sometimes they put them up for incidences, if we can see anything. and the cameras can be taken away from us, from the fact that the desk has control and can move them when they need to. >> what you're saying is that those cameras, where they're pointed, and when they're available to you, can be controlled by members of the police department. >> correct. >> and in your six years, by
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this date, seven years now, it's a rare incident for somebody to put that incident, put an incident up on the screen like that. >> correct. >> i have nothing further, your honor. >> thank you. >> step down. >> thank you. >> calling the next witness. >> thank you, your honor. the state calls alicia oyler.
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just walk over next to the judge. raise your right hand. do you swear that what you are about to testify is the truth? >> i do. >> and just to make sure, we're going to have you take your mask off. i'm going to leave mine on. before you begin, and so we can test out the microphone, can you give us your full name, spelling each of them? >> alisha marie oyler.
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>> and i think i'm going to have you come a little closer to the mic. thank you. >> thank you very much, your honor. ms. oyler, when you speak, you should be able to hear your own voice over the speaker. so just lean closer to do that. i'm going to ask you a few questions. how old are you? >> 23. >> and are you originally from minnesota? >> no. >> where did you grow up? >> no, i'm from arizona. >> can you kind of pull back? >> i'm sorry. i don't like this. >> i understand. >> are we good? all right. >> thank you. thank you. you can even pretend you're yelling at me, or make your
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voice hit the back of the room. >> okay. >> you grew up in arizona? what part of arizona? >> just arizona. >> the whole state? >> yup. >> when did you make your way over to minnesota. >> i don't know. a while ago. >> were you still in high school? >> yeah. >> okay. did you attend any schools when you moved to minnesota? >> yeah. >> where did you go to school? >> red wing. >> in red wing, minnesota? where else did you go? >> st. paul. >> st. paul. okay. what is the last grade you completed? >> 11th. >> can you tell the jury the different cities or towns that you've lived in since coming to minnesota? >> i guess minneapolis. >> minneapolis, i assume red wing. >> st. paul. >> st. paul.
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okay. are you currently employed? >> no. >> can you tell the jury a little bit about the types of jobs that you've held? >> i used to work at speedway. >> which speedway? >> in chicago. >> right. what did you do at speedway at 36th and chicago? >> shift lead. >> what does that mean? >> not like a regular employee, but not a manager. kind of in the middle. >> okay. so not a lot of us have had the experience of working as a shift lead at speedway. can you just tell the jury a little bit, what is your day to day job like when you had that job? >> i work at the cash register, do paperwork, handle customer issues. >> you also work as a cashier.
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do you train other people or supervise other cashiers? >> sometimes. >> how long did you have that job? >> about a year. >> did you start as a shift lead? >> yeah. >> you started as a shift lead? can you tell me, tell the jury a little bit about the types of hours you would work there? was it a full-time job? >> yes, i worked 40 hours a week. well, i did. >> you did? >> yeah. >> okay. when did you typically start your shift? >> between 2:00 or 3:00 to closing, 10:00. >> was it a pretty busy store? >> it has its moments. >> okay. i'd like to see if you recognize the area, but first i'd like to show just the witness what has been marked for identification
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as exhibit 1. >> good afternoon, i'm ayman mohyeldin in new york. there is a quick sidebar moment taking place there in the trial of derek chauvin, as the state had called its second witness. the question had just begun, and called for a quick sidebar. let's go back inside the courtroom. >> i'm going to show you, but first i'm going to offer exhibit
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1. and then if you can take a look at the screen, just the one in front of you. >> oh. >> all right. do you recognize what is shown in exhibit 1? >> yeah. >> do you see the speedway where you used to work? >> yeah. >> all right. so do you have something that looks like this in front of you? a stylus? all right. what i'd like you to do is see if you can draw a circle around the speedway where you used to work. thank you. all right. and the name of the score directly across the street, are you familiar with that? >> yeah. >> yes? what is the name of that store.
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>> cup foods. >> did you ever go in to that store? >> not really. >> just a place across the street from where you worked? >> yeah. >> okay. and then do you see what is directly across the street, if you across 38th street, from cup foods? >> yeah. >> do you recognize that building? >> yeah. i didn't know that's what it was, though. >> what did you know it as? >> i never really paid attention to it. >> all right. well, do you recall whether or not you were working on may 25th, 2020, memorial day? >> yeah. >> and where were you working? >> at speedway. >> at speedway. right. and do you recall when you began your shift? >> about 3:00 p.m.
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>> and do you recall specifically what you were doing at the speedway that day? >> ringing up customers. >> at the cash register? >> yeah. >> can you just, again, using your stylus, point or put a little "x" around an area in front of the store where the cash register would be? >> i think right here. >> okay. are you able to see the outside across the street from the cash register? >> mm-hmm. yes. >> yes? and you said you began working at 3:00. i would like to draw your attention to a little after 8:00 p.m. in the evening that day. do you recall something that
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caught your attention outside of the speedway? >> yeah. >> can you tell the jury what caught your attention? >> the police, like, in that area is always police. >> when did you first notice, or where did you first notice the police? >> i would say, like, on the corner, right, like, diagonal across the street. like, right here. oops. >> okay. and so for the record, that's across from cup foods, across 38th street, in what is labeled on exhibit 1 as dragon block. >> correct. >> what caught your attention? >> just the police, trying not to cuss. just them messing with someone.
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>> and when you say messing with someone, and thank you for not cussing, but when you say messing with someone, could you please describe what you mean by that? >> like, i don't really know how to explain it. just, like, disturbing somebody before i found out who it was. >> okay. now, did you eventually find out who the person the police were disturbing, in your words? >> yup. >> who was that? >> george floyd. >> had you ever met this person before? >> no. >> to your knowledge, he had never been a customer in the speedway? >> no. >> can you please describe for the jury what you first noticed the interaction between the police and mr. floyd.
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>> can you say that again? >> can you just describe, after you first noticed the police having this interaction with mr. floyd, what did you see happen? >> him in handcuffs. >> where was mr. floyd when you saw him in handcuffs? >> over here, across the street. >> in the area where you first indicated? >> i believe so, yeah. >> and what did you see happen after mr. floyd was in handcuffs? >> i don't remember. >> what is the next thing you do remember. >> oh, god. >> are you a little nervous today? >> yeah. >> that's okay. just take your time. we have plenty of time to get through this. okay? and so just backing up, you had indicated that mr. floyd was in handcuffs. and just think to yourself what you next remember seeing after you noticed he was in handcuffs.
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>> i think they ended up putting him in the police car thing. >> and which police car, where was the police car that you saw? >> the one right across from cup foods. >> okay. now, before you saw that, did you see the police take mr. floyd across the street? >> mm-hmm, yeah. >> yes? all right. so after you saw him in handcuffs, you saw him being taken across the street and placed in the car right outside of cup feeds, is that right? >> mm-hmm. yes. >> yes? okay. >> yes. >> and you own a cell phone, correct? >> yes. >> you owned a cell phone at the time, yes? >> yes.
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>> and did you do anything with your cell phone as you began to notice this incident involving mr. floyd and the police? >> as you guys seen on the security thing, i had my phone. >> right. you had your phone. did you do anything with your phone. >> like, recording it? >> yes. >> yes. >> okay. so just explain to the jury what you saw after you noticed the police officers putting mr. floyd in the car. >> i don't -- i don't remember. i can't think right now. >> well, you indicated that you began recording with your cell
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phone, is that right? >> mm-hmm. >> and during the time that you had been talking to the police about this, you provided your cell phone recordings to law enforcement, correct? >> yes. >> and there were a total of seven cell phone recordings that you personally took, correct? >> yes. >> you've reviewed each of those cell phone recordings, correct? >> yes. >> and the cell phone recordings, did they fairly and accurately depict what you saw on the street that day? >> yeah. >> and two of those cell phone recordings were made from inside the store, correct? >> yes. >> and the rest were outside of the store? >> yes. >> now, those cell phone recordings, individual clips that were disclosed and marked as exhibits 2 for 8. you wouldn't know that, but they
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have. at this time, i'm going to offer exhibits 2 through 8. >> any objection? >> no, your honor. >> 2 through 8 are received. >> and ms. oyler, you also had an opportunity to review a surveillance video, is that right? >> yes. >> and that's exhibit 11. having reviewed that video, did that video fairly and accurately capture things that you observed when you were working at speedway on the 25th? >> yes. >> all right. and then you were able to review that surveillance video in a format in which all of your cell phone videos, or six of the
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seven cell phone videos had been spliced into and put next to the surveillance video, correct? >> yes. >> and the combination of the six videos that we've just received and exhibit 11, which has been offered and received, would that composition better help and assist you in explaining your testimony to the jury? >> yes. >> all right. that for the record is exhibit 9. i offer exhibit nine. >> any objection? >> no, your honor. >> 9 is received. >> and i'm going to go ahead and publish exhibit 9. i'm going to take exhibit 1 down. and when i say publish, i'm going to play it. at times i'm going to stop and pause and have you explain some things, all right? >> okay. okay. >> all right. if we could begin publishing exhibit 9, please.
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i believe we're paused at seven seconds. at this point, you can see, and i'm going to place a circle around some of the officers. you see them there. >> yes. >> and are those the people that you saw interacting with the person you now know to be mr. floyd? >> yes. >> and your first interaction that you noticed was across the street, by the dragon walk, is that right? >> yes. >> and mr. floyd is being taken to the car. i think we'll soon hear your first recording. if we can resume play. >> oh, there's some -- going on other here.
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>> after you made that short recording, and that was you, i suppose, narrating. >> yes. >> okay. after you were narrating that portion, you continued to watch? >> yes. >> now, at this time, ms. oyler, did you notice any bystanders, anybody in the street? >> no.
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we're going to be approaching 8:16 and 30 seconds. ms. oyler, were you continuing to watch the events as you were working the cash register at speedway at this time? >> i believe so, yes.
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>> all right. now we've paused it at about 8:17. and at some point, did you notice some other police officers arrive on the scene? >> i think so. >> let's resume play here. okay. and let's pause. now, at this time, showing you two other individuals who are joining the first two officers
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that you saw. you noticed those? >> yeah. >> and what did you see those two officers do after they arrived? >> i don't remember. >> let's continue. from your vantage point, were you able to hear anything outside? >> no.
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>> let's pause here for a moment. we're at 8:18 and ten seconds. as best you can, describe for the jury what you recall seeing the officers do with mr. floyd prior to getting to this point. >> before this point? >> before this point. for example, did you see mr. floyd get into a vehicle? >> like, off of what we just watched? >> what do you recall seeing with mr. floyd and the squad car, just before we get to this point? >> when they drag him out. >> okay. all right. let's resume.
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okay. now we're paused at almost 8:19. i asked you previously about bystanders, and noticing bystanders. at some point, as you made these observations, did you see a crowd of bystanders gather? >> not until, like, after. >> after what? >> after they did that. >> so at this point, you're need seeing a crowd in the immediate area, or across the street add
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at the speedway? >> i'm trying to remember. i don't remember. >> okay. let's resume play. no, you can keep going.
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all right. i'm going to pause here. and this is at 8:20 and 20 seconds. can i ask you some questions again about some bystanders in the area. do you know who this person in
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the lower corner is? >> no. >> don't recognize him, never seen him before? >> no. >> do you know the person in the dark shirt, hooded sweatshirt, and the blue pants? >> no. >> never met her before, either? >> no. >> or how about the child behind her in the green shirt? >> no. >> not familiar with her either? >> no. >> okay. if you would please resume.
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i'm going to pause for a moment here. do you recognize that person, that officer? do you recall seeing an officer interacting with a group of
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bystanders who would later gather? >> i think so. >> can you physically describe that person, as best you can remember? >> i don't really know. it's been so long. >> do you recall previously talking about a bald police officer? >> i think in one of my videos i was talking to a person. >> a bald officer? do you recall as you sit here today what the bald officer did? >> i think he was, like, yelling at people. like, before or after this. >> do you also recall describing a tall officer? >> yeah. >> what did the tall officer do? >> i think he was, like, i don't remember. it's so much. >> let's resume play.
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pause for a moment. what we heard there that was imposed at the same time as the surveillance video was your second recording. is that right? >> uh-huh. >> yes? >> yes. >> again, what was your voice when you said there's always some -- >> yeah. >> right. okay. had you continued to watch these events out the window that entire time? >> did i watch it like outside? >> from inside. >> i think i went outside to smoke a cigarette. >> right. i'm going to ask the play to resume and ask you to pay particular attention to your video on the right side. okay?
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freeze. go a little bit further. stop. all right. now, showing you what appears to be a reflection. >> uh-huh. >> you recognize that? >> yeah. >> who's that? >> that's me. >> okay. so that's you recording the events reflected in the window. correct? >> yep. >> so based on that would you agree that you were inside the speedsway at the time this particular recording was made? >> yes. >> resume please.
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pause. now, can you please explain to the jury why did you continue to record what you were seeing here? >> because i just -- i always see the police there always messing with people and it is wrong and it is not right. >> i'm going to direct your attention to the right side of the screen. you say that you briefly turned your camera away from the officers in the squad car towards the area that's right by the drag and walk. can you tell the jury what you see here? >> i see people standing there but that's not why i shift the camera. >> can you explain why you shifted the camera? >> because that's where it started from. >> where when you say that, i think your description initially is officers who were to use your
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words messing with mr. floyd. >> yep. >> okay. this is the area in which they were messing with mr. floyd? >> yep. when it started. >> i'd like to resume play again please. all right. let's pause for a moment. and you can see that -- that would have been your second recording has stopped and at that point we're continuing to watch the surveillance video. please resume.
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if we could freeze here. i'm going to go just a little further. stop. all right. so again, asking, i have already asked you about some of the people in the crowd and you said you didn't know them. i want to add some folks. there's a person in a white t-shirt. do you recognize that person? >> i don't know that person. >> never seen that young woman before? >> not before like this. >> all right. and then i think walking by, i don't know if you noticed there was a couple with a child. had you ever seen them before? >> nope. >> okay. and then there's a gentleman
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here in a dark hooded sweatshirt. had you ever seen that person before? >> nope. >> please resume. at some point you indicated that you had gone outside of the
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store to smoke a cigarette. is that right? >> yep. >> you continued to watch these events unfold as you were outside of the store? >> yep. >> as you were watching from outside the store, did you see any of the bystanders interact with the police officers? >> i think they were like yelling at each other. i don't really know what they said. i was kind of too far away. >> did you make out any specific words? >> nope. >> do you recall seeing a woman with a black shirt and a white headband? >> no. because it was like -- this is like a year ago. a long time ago.
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>> all right. go ahead and resume. if you could pause. all right. i'd asked you about seeing a woman with a black shirt and a white headband. i'm wondering if this refreshes your recollection about this person. >> no. >> all right. from outside of the speedway you began what is now your fourth recording and i think for the record that starts at about --
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8:25:26? please resume. >> what happened? [ inaudible ] >> i know that the tall dude at his feet, they had him on the other side of the car and he pulled him out on the ground. >> all right. if you could pause for a moment. right. whose voice was that? >> that was mine. >> okay. and were you describing to someone standing next to you what you just witnessed earlier? >> yeah. >> okay. if you could resume please. [ inaudible ]
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if you could pause. it seems that you've spent a lot of time watching this encounter. >> yeah. >> you were continuing to occasionally record. >> yeah. >> if you could resume please. >> all right, everyone. we are going to take a quick pause and continue to monitor
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the trial taking place there in minneapolis. i want to bring into the conversation to help us evaluate what we are seeing so far, joyce vance, a nbc news news contributor, retired sergeant cheryl dorsey. joyce, i want to get your general takeaway of what we have seen particularly with the second witness. the first witness, a straightforward presentation of trying to establish a timeline. what do you make of this prosecution's witness, 23-year-old alicia oiler, i believe, who worked at the speedway away the way from cup foods? >> this might seem like a curious piece of testimony for folks who have been watching it but this is a building block. ms. oiler apparently took much of the bystander video we have seen. she had a perspective from across the street of the three officers as they

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