Loveland Reporter-Herald

George Floyd’s brother sheds tears on the stand

- BY AMY FORLITI, STEVE KARNOWSKI AND TAMMY WEBBER ASSOCIATED PRESS

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

Seth Stoughton, an associate 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 that 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 up to 9 minutes, 29 seconds.

He said, too, that the failure to take Floyd out of the prone position 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 handcuf fed to the ground. And in yet another blow to the of ficer’s defense, Stoughton said a reasonable officer would not have viewed the bystanders as a threat while they were restrainin­g Floyd.

Earlier in the day, Philonise Floyd, 39, took the witness stand and lovingly 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 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 used to make the best banana mayonnaise sandwiches. And he used to make the best syrup sandwiches because George couldn’t cook, he couldn’t boil water,” he said.

He said Floyd also 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.

Earlier Monday, the judge refused 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 attorney Eric Nelson argued that the jurors could be influenced by the prospect of what might happen as a result of their verdict.

“Ultimately, your honor, the question becomes: Will the jury be competent to make a decision regardless of the potential outcome of their decision?” he said.

But Judge Peter Cahill said he will not sequester the jury until next Monday, when he anticipate­s closing arguments will begin. He also denied a defense request to question jurors about what they might have seen about Sunday’s police shooting of 20year-old Daunte Wright in Brooklyn Center.

In the wake of the shooting, hundreds of protesters broke into about 20 businesses, jumped on police cars and hurled rocks and other objects at of ficers in Brooklyn Center, about 10 miles from the heavily fortified Minneapoli­s cour thouse.

The Brooklyn Center police chief later called the shooting accidental, saying the of ficer who fired apparently meant to draw a Taser, not a handgun.

Prosecutor Steve Schleicher argued against sequesteri­ng the Chauvin jury, saying it wasn’t an effective remedy, and he opposed questionin­g the jurors: “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.

The ruling came as the trial entered its third week, with the prosecutio­n close to wrapping up its case and giving way to the start of the defense.

Stoughton, the use-of-force expert, said the officers who subdued Floyd should have known he was not tr ying to attack them when he struggled and franticall­y said he was claustroph­obic as they tried to put him in a squad car.

“I don’t see him presenting a threat of anything,” Stoughton said, adding that no reasonable of ficer would conclude other wise.

Stoughton also pointed to instances when Chauvin should have been aware of Floyd’s growing distress: After one officer suggested rolling Floyd onto his side, Chauvin said no. Chauvin ignored bystanders who were shouting that Floyd was not responsive. And when another of ficer said Floyd didn’t have a pulse, Stoughton said Chauvin’s response was “huh.”

 ?? BRANDON BELL / Getty Images ?? Brandon Williams, left, nephew of George Floyd, and Philonise Floyd, right, brother of George Floyd, speak after checking in at a security entrance at the Hennepin County Government Center on Friday in Minneapoli­s, Minn.
BRANDON BELL / Getty Images Brandon Williams, left, nephew of George Floyd, and Philonise Floyd, right, brother of George Floyd, speak after checking in at a security entrance at the Hennepin County Government Center on Friday in Minneapoli­s, Minn.

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