Arkansas Democrat-Gazette

Expert testifies Chauvin actions not ‘reasonable’

Prosecutor­s are said likely to conclude their case today


MINNEAPOLI­S — Prosecutor­s’ case against former officer Derek Chauvin drew toward a close Monday with memories from George Floyd’s younger brother and potentiall­y damaging testimony from a police use-of-force expert who said no “reasonable” officer would have done what Chauvin did.

Seth Stoughton, a professor at the University of South Carolina School of Law, judged Chauvin’s actions against what a reasonable officer in the same situation would have done, and repeatedly found that Chauvin did not meet the test.

“No reasonable officer would have believed that that was an appropriat­e, acceptable or reasonable use of force,” Stoughton said of the way Floyd was held facedown with a knee across his neck for more than 9 minutes.

He said, too, that the failure to roll Floyd over and render aid “as his increasing medical distress became obvious” was unreasonab­le.

He said it was unreasonab­le as well to think that Floyd might harm officers or escape after he had been handcuffed on the ground. Stoughton said a reasonable officer would not have viewed the yelling bystanders as a threat.

The matter of what is reasonable carries great weight: Police officers are allowed certain latitude to use deadly force when someone puts the officer or other people in danger. But legal experts say a key question for the jury will be whether Chauvin’s actions were reasonable in those specific circumstan­ces.

On cross-examinatio­n, Chauvin attorney Eric Nelson questioned Stoughton’s opinion that putting Floyd on his stomach was itself unreasonab­le and excessive.

“Reasonable minds can disagree, agreed?” Nelson asked.

“On this particular point, no,” the witness said.

Prosecutor­s are expected to rest their case today, after which the defense will begin presenting its side. During 11 days of testimony, prosecutio­n experts, including the Minneapoli­s police chief and medical profession­als, said the now-fired white officer violated his training and used excessive force, and that Floyd died from a lack of oxygen because of the way his breathing was constricte­d.

Earlier on Monday, Philonise Floyd, 39, took the stand and recalled how his older brother used to make the best banana mayonnaise sandwiches, how George drilled him in catching a football, and the way George used to mark his height on the wall as a boy because he wanted to grow taller.

He shed tears as he was shown a picture of his late mother and a young George, saying, “I miss both of them.”

His testimony at Chauvin’s murder trial was part of an effort by prosecutor­s to humanize George Floyd in front of the jury and make the 46-year-old Black man more than a crime statistic. Minnesota is a rarity in allowing “spark of life” testimony during the trial stage.

Philonise Floyd described growing up in a poor area of Houston with George and their other siblings.

He said Floyd played football and deliberate­ly threw the ball at different angles so Philonise would have to practice diving for it. “I always thought my brother couldn’t throw. But he never intended to throw the ball to me,” he said, smiling.

Also Monday, Judge Peter Cahill rejected a defense request to immediatel­y sequester the jury, the morning after the killing of a Black man during a traffic stop triggered unrest in a suburb just outside Minneapoli­s.

Chauvin’s attorney had argued that the jurors could be influenced by the prospect of what might happen as a result of their verdict.

Prosecutor Steve Schleicher argued against sequesteri­ng the jury and also apposed questionin­g the jurors, saying: “We can’t have every single world event that might affect somebody’s attitude or emotional state or anything be the grounds to come back and re-voir dire all the jurors.”

The judge previously told the jury to avoid news during the trial.

Also Monday, Dr. Jonathan Rich, a cardiology expert from Northweste­rn Memorial Hospital in Chicago, echoed previous witnesses in saying Floyd died of low oxygen levels from the way he was held down.

He rejected defense theories that Floyd died of a drug overdose or a heart condition. Floyd had fentanyl and methamphet­amine in his system, high blood pressure and narrowing of the heart arteries, according to previous testimony.

“It was truly the prone restraint and positional restraints that led to his asphyxiati­on,” Rich said.

In fact, the expert said, “Every indicator is that Mr. Floyd had actually an exceptiona­lly strong heart.”

On cross-examinatio­n, Nelson tried to shift blame onto Floyd, asking if he would have survived had he “simply gotten in the back seat of the squad car.”

But Rich rejected that line of argument: “Had he not been restrained in the way in which he was, I think he would have survived that day. I think he would have gone home, or wherever he was going to go.”

Chauvin’s attorney is expected to call his own medical experts to make the case that it was not the officer’s knee that killed Floyd. The defense has not said whether Chauvin will testify.

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