USA TODAY International Edition
George Floyd’s brother gives emotional testimony
Cardiologist testifies about low oxygen levels
Jurors in the trial of ex- officer Derek Chauvin also heard from a cardiologist who said a police restraint cut off Floyd’s oxygen, and a use- of- force expert who called the restraint “unreasonable” and “excessive.”
MINNEAPOLIS – Jurors have repeatedly heard George Floyd’s last words and seen images of him dying on a Minneapolis street. But on Monday, they got a different picture of him: family photos taken throughout his life, narrated by the memories of his younger brother, Philonise.
They also heard from a cardiologist who concluded Floyd died when his heart and lungs stopped working because of low oxygen levels caused by law enforcement restraint, and from a use- of- force expert who called that restraint “unreasonable” and “excessive.”
The prosecution was close to resting its case Monday in the trial of former Minneapolis police officer Derek Chauvin, charged with second- degree murder, third- degree murder and seconddegree manslaughter.
Seth Stoughton, a law professor, former police officer and expert in police officers’ use of force, testified Monday that Chauvin’s actions – placing his knee on Floyd’s neck and restraining him in the prone position in May – “were unreasonable, excessive and contrary to generally accepted police practices.”
“No reasonable officer would have believed that that was an appropriate, acceptable or reasonable use of force,” Stoughton said.
Stoughton’s testimony enabled prosecutors to again show the jury multiple clips of Floyd’s increasing physical distress and decreasing speech as he lay on the ground under Chauvin’s knee.
Stoughton summarized for jurors the level of threat presented by Floyd at various points in the encounter, what a reasonable officer would have observed and the foreseeable effects of the officer’s use of force.
Stoughton said placing Floyd in the prone position, on his stomach, when he was taken out of a police car was inappropriate because he did not pose a risk of assaulting the officers or fleeing.
Under cross- examination, Stoughton repeated his belief that Floyd didn’t pose a threat to the officers.
“Reasonable minds can disagree, right?” lead defense attorney Eric Nelson asked. “On this point, no,” said Stoughton.
Prosecutor Steve Schleicher asked Stoughton whether Floyd posed “any threat at all” to Chauvin and the other officers. “No,” said Stoughton.
A reasonable officer should have taken into account that Floyd might have been intoxicated on drugs or alcohol before restraining him handcuffed in the prone position combined with bodyweight pressure, Stoughton said.
Stoughton said that when one of the officers noted that Floyd was “passing out,” that showed the result of injury from the restraint and pressure had risen, he said. He also pointed out that a video clip showed Officer Alex Kueng tried to check Floyd’s pulse, and was unable to find one.
“Somebody who does not have a pulse does not pose a threat in any way,” said Stoughton.
Stoughton also testified that bystanders were “pretty quiet” and did not present a threat to the officers. The defense has suggested the crowd distracted and threatened the officers.
Nelson drew Stoughton’s acknowledgment that a police use of force can be lawful even though it looks bad to observers. However, Stoughton added, “I don’t think that’s the case here.”
Philonise Floyd: George ‘ was so much a leader to us’
George Floyd’s brother Philonise, 39, gave emotional testimony as prosecutors showed photos of Floyd.
Philonise said George “was so much a leader to us in the household.”
“He would always make sure we had our clothes for school. He made sure we all were going to be to school on time,” he said.
Philonise said he grew up playing Nintendo games with George. “I finally beat him in a game, and I was just so happy.” He also talked about George’s love of sports. George excelled in basketball and football in school and earned a scholarship to South Florida Community College before transferring to Texas A& M, where he played football.
“He was just like a person that everybody loved in the community. He just knew how to make people feel better.”
Philonise Floyd served as what’s known as a “spark of life” witness.
“The victim was not just bones and sinews covered with flesh, but was imbued with the spark of life,” the Minnesota Supreme Court ruled in 1985, allowing prosecutors to humanize those who had died. “The prosecution has some leeway to show that spark and present the victim as a human being as long as it is not an ‘ attempt to invoke any undue sympathy or inflame the jury’s passions.’”
Before testifying Monday, Philonise Floyd said he thinks “a lot about what’s going on.”
“I went to sleep early, like at 8 o’clock and I’ve been up since 1 o’clock in the morning,” Philonise Floyd said. The family calls him a “crybaby” because he’s always crying, he said.
“It’s OK to cry,” Floyd’s brother, Rodney, said, noting he tries to “just be strong for everyone else.”
Cardiologist: Floyd died from low oxygen
Dr. Jonathan Rich, a cardiologist, testified he extensively reviewed Floyd’s case and concluded he died because of low oxygen levels “induced by the prone restraint and positional asphyxiation that he was subjected to.”
Rich said he reviewed Floyd’s medical records, videos of the struggle with police and the autopsy report. The prone restraint and police pressure on Floyd prevented his lungs to get enough oxygen for the body, said Rich, who also analyzed other possible causes of death, including a heart attack or drug overdose.
“I can state with a high degree of medical certainty that George Floyd did not die from a primary heart event, and he did not die from a drug overdose,” he said, later adding, “my observations are he was restrained in a life- threatening manner.”
The prosecution sought Rich’s testimony to bolster previous trial evidence from a pulmonary expert and others who said that Floyd suffocated.
Rich said, in his opinion, Floyd had three medical problems: high blood pressure, anxiety, and a struggle with substance abuse. He said high blood pressure can be hereditary and unrelated to the heart. “Every indication is that Mr. Floyd had an exceptionally strong heart,” Rich said.
Rich said he reviewed toxicology reports and saw “no evidence to show a fentanyl overdose caused Mr. Floyd’s death.” He reached the conclusion that Floyd had “a high degree of tolerance” to fentanyl because overdose patients are “extremely lethargic.” Rich also said he ruled out a methamphetamine overdose because Floyd had a very low level of that drug in his system.
When Rich said Floyd’s death “was absolutely preventable,” all the jurors wrote on their notepads.
Rich said if police hadn’t subjected Floyd to a prone restraint, Floyd would not have died. Additionally, when Floyd appeared to pass out, Floyd might have been able to “expand his lungs again” if the officers had turned him on his side.
Rich said officers should have tried to resuscitate Floyd when they determined he did not appear to have a pulse. Rich, echoing testimony from a Minneapolis paramedic, said that “for every minute that transpires that you are not performing the basic life support and CPR measures, the literature would suggest an approximately 10 to 15% or less chance of survival.”
Asked about Floyd’s chances at pulling through after paramedics arrived, Rich said, “I think the chance of meaningful survival was very low.”
On cross examination, Nelson turned jurors’ attention to the condition of Floyd’s heart. On Friday, a medical examiner said Floyd’s coronary arteries were significantly narrowed, including 90% narrowing in one artery.
When asked by Nelson if people generally die from a 90% heart blockage, Rich said “no.”
Nelson asked Rich whether Floyd would have survived that day if he had gotten into the back seat of the patrol car, as instructed by the police officers. Rich responded by saying “had he not been restrained in the way that he was, I think he would have survived that day.”