tv Day 7 of Trial for Derek Chauvin Accused in Death of George Floyd CSPAN April 6, 2021 1:20pm-2:31pm EDT
>> you been watching live coverage here on c-span2, the trial of former minneapolis police officer derek chauvin charged in the death of george floyd. we will bring you back to the courtroom and you can watch live online at c-span.org. if you miss any of the proceedings you can watch the testimony at 8 pm eastern. we will have that here on c-span, c-span2. while there and break we will look back at the testimony from earlier. >> the state may call its next witness.
>> your honor, the state calls her gang. >> you testified you the testimony are about to give under penalty of perjury is the truth, whole truth and nothing but the truth. >> and first of all if you could feel comfortable doing sowe'd appreciate if you would remove your mask, to be heard more clearly . >> then begin my stating your full name, spelling each of your names. >> my name is kurt yang, first name isspelled k er, last name spelled why ang .
>> good morning. how are you employed? >> i am employed with the cma police department. >>how long have you been employed by the city of minneapolis ? >> a proximally 24 years. >> and what your current position in the city of minneapolis? >> i am crisis extension training for nader for the department. >> and your current rent? >> i hold the rank of sergeant. >> and like you to tell the jury a little bit about yourself, how old are you ? >> i will be 50 this year. >> and you indicated you've been employed by mpd for 24 years. >> approximately 24 years. >> could you share with the jury your educational background? >> i received my bachelor degree in psychology and criminal justice. masters degree and psychology and doctorate in dental psychology. >> when did you complete your
doctorate? >> i completed it back in2014 . >> and when you started, after you started with mpd and you go through theacademy ? >> i did. >> describe that experience. >> i started the academy as a cadet in september, actually september 1996 . i had to take some additional courses because of the program and from the cadet program i went to the academy . >> after you completed coursework did you enter the field training program? >> yes i did. >> how long? >> i believe it was five or six months. >> after you completed your field training what wasyour first assignment ? >> i was assigned if my memory serves me i believe i was assigned to downtown. after i finished my field
training. >> as a patrol officer often mark. >> as a patrol officer. >> how long did you serve before being promoted to sergeant? >> i was patrol officer for i would say notincluding specialty units , i was there over 10 years. >> would you describe for the jury some of the precincts to which you were assigned and your assignments before promoting sergeant. >> i was assigned to the downtown precinct and also assigned to the police me, also assigned to housing control and the school patrol and six precinct before i came to actually six precinct and when i got promoted i was assigned to the fourth precinct for my supervisor orientation. i went through robbery for my supervisory orientation and then i was assigned to downtown advisory before i became the crisis intervention training coordinator.
>> as a patrol officer and you ever been in a situation where it was necessary for you to use force . >> yes. >> have you ever arresteda suspect ? >> yes. >> and you arrested a suspect who was reluctant to be arrested. that's handcuffed people who are struggling often mark. >> yes. >>. >> now you're the crisis creating coordinator, where are you assigned in prices training ? >> i am currently assigned to training. >> is located on the north side at what we call the special operations center. april 1, 2019 dupont. >> can you please describe your role as a crisistraining coordinator ? >> as a crisis training coordinator i am responsible for collaborating and coordinating professionals and community members to come and teach our officers for in
crisis de-escalation and at the time i also trained our officers. >> what do you mean by crisis ? >> crisis could be any situation that is beyond coping mechanisms and during that, what is beyond their control,sometimes they don't know what to do . and it is, and we trained to assist a person to bring them back down to an appreciable level. >> could you please share with the jury some examples of types of crisis western mark. >> crisis could be mental illness related or it could be situational area it could be that someone got into a car crash for example and they werejust affected by that, they don't know what to do and that could be a crisis so that's a good example . >>can intoxication be a crisis ?
>> intoxication should be could be a crisis. >> drugs and alcohol, certain types ofanxiety could be a crisis >> yes . >> does the minneapolis police department have a policy pertaining to persons in crisis? >> it does. >> at a high level can you explain what that policy requires? >> that policy requires what is safe and feasiblethat we show de-escalation . >> and does the minneapolis police department assuming as a crisis training coordinator you're aware of any training or tools that provides law enforcement officers to abide by this. >> yes. >> does that include training officers to recognize and persons may be in crisis? >> some of the signs of crisis, but types of crisis. >> and there is a specific crisis intervention training course at minneapolis police department sponsors or puts out down at the training
center. >> that is correct. >> in your role as for nader you bring theinstructors into that . >> correct. >> have you been throughthe course itself ? >> i've been through the course yes and have sat through some of the courses . >> exhibit 203 which we won't publish at this time contains some training records. and those training records indicate that crisis intervention training was offered with in 2016 and also 2018. and i like to talk to you about a larger block, 2016. first i have to ask you, do you recognize the name derek chauvin? >> yes. >> how do you recognize him? >> i recognize him from training. >> are you familiar with this person? >> know. >> would you recognize him if you saw him.>> you see him
in the courtroom today. >> he has amassed on, i'm assuming that's him. >> made a record reflect the witness has identified the defendant . >> record will reflect. >> 203, the training records indicate in 2016 the defendant participated in a lengthier course, approximately a 40 hour course in crisis intervention training. are you familiar with that type of course, a 40 hour crisis intervention course ? >> is that a courseyou are dissipated in as a student ? >> that course was delivered to the department to the officers by the 80 officers. >> can you just in general terms explain what that course covers? >> that course covers individuals in crisis and de-escalation strategies that may be used for the individual in crisis it's a scenario-based training. >> what you mean by that?
>> the trainer or the association brings in professional actors to come in and to conduct crisis scenarios where they are in a state of crisis and our officer has to use the strategies to bring them down to precrisis levels or to help them out. >> so the officers are given an opportunity to practice recognizing maybe signs of persons in crisis and respond appropriately . >> yes. >> i'd like to talk to you about a related concept. are you familiar with the critical decision-making model? >> yes . >> how areyou familiar with that model ? >> attended the critical decision-making model was introduced to us by a police executive research forum. i along with some of my
colleagues attended a training conducted by a representative from the police executive forum and we adopted that model to mpd's use to aid our officers in the decision-making process. >> the critical decision-making model, is there an application to crisis intervention ? also an application to use of force. >> yes. >> sometimes those decisions will have to be made contemporaneously. >> at this time i like to publish exhibit 276, critical decision-making model. do you recognize this document? >> yes sir. >> this is a critical decision-makingmodel with which you are familiar . >> yes. >> could you explain based on your familiarity with this graphic the middle circle. >> the middle circle, what you see in the middle circle
are neutrality, respect and trust. those are the pillars of procedural justice that was introduced to the department. >> what is procedural justice ? >> procedural justice is legitimacy in our actions. what we do are absolutely legitimate. >> and the training center also offers courses in procedural justice as well, is that right? >> that is correct. >> this model is adapted in part from those materialsin criminal justice . >> going back to the outer part of the circle, the first step of information gathering, you see that goes kind of a wheel that's supposed to represent critical decision-making or thinking, is that right western mark. >> that is correct. >> we heard a little bit about this critical thinking decision-making model already but i'd like you to discuss
how this works in the context of precious intervention. starting with the first block. >> that is for information gathering. we believe this model has application for crisis studies and what it is part of our crisis curriculum and in the first circle what you see there is information gathering information gathering is crucial to how, what tactics or what decisions will be made and information gathering could be based on this that or based on the whole officers observation. >> observations of what. >> observation of the team, of the person, but the observation of the environment going on . >> some of these observations for example could just be physical observations. officer could look at the person and make some sort of assessment whether or not there isbehavioral crisis . >> yes. >> listening, is that also important. >> listening is important.
>> any other information and officer would assess or take in when considering whether a person is in crisis. >> even given listening,, listening is key. all the observations in the program, so it's also you can sometimes tell that maybe the person is in crisis or not so . >> then going to the next step, taking that information and potentially assessing, what's the threat risk assessment. >> risk is the possibility that something bad will happen and threat in a sense is the danger. and whether that be a form or not. >> with risk, you see if the potential so it doesn't necessarily mean the person is being threatened or themselves isat risk . >> yes sir. >> it's just the mere possibility many people could present, everybody presents
some sort of risk. >> and it's up to the officer and the information gathering to determine whether that risk is small, large or at least to a threat. >> sustained. >> i apologize, how does the officer then assess whether or not a threat, sorry, risk is small, large or could develop into a threat. >> and is up to the officer and the totality of circumstances. >> the next step then after the threat or risk assessment authority to act, could you please describe how that taken in the context of crisis intervention. >> of the of the authority to act is based on all policy and also based on the statutes in case law. for an individual in crisis and those are some of the authorities we have. >> some of those policies and the authority could include
the use of force policy western mark. >> the de-escalation policy and the crisis intervention policy . >> yes sir. >> the next step then goals and actions, please describe the thinking model in terms of crisis intervention regarding goals and actions. >> goals in action is the also contingency on basic information. really the ultimate goal in action of somebody in crisis is to seethat person needs help . and what kind of help. that person need to go to the hospital for that person can be turned over to somebody that has the authority to watch over that person. so it's really for someone in crisis it's to see if that person needs help. >> the next block in terms of crisis intervention. you reassess, could you please describe how that works? >> we view and reassess as information becomes available
. we continue to reassess the information to see if our technique on de-escalation or other techniques is working and if it's not working we adjust that technique . >> could you also then go backwards and adjust your goals and actions ? >> yes we can. >> for example if initially the goal is to arrest someone after taking an in information, if you determine the person needed medical attention to act on that? >> and what with the action be if the person was taken and needed medical attention. >> that would be the immediate goal, if somebody needed medical attention we would give themmedical attention . >> that would also relate to give backwards to the authority to act . >> correct. >> looking at the policy and there's a duty toprovide medical attention >> yes . >>. >> how is this critical decision-making model
imparted to minneapolis police officers in the training program? >> we believe in the application of this critical decision-making model so i introduced this model with approval of course to the department in 2018. >> you've been in a situation where you had to use force before. you were in the field for a long time area do you have an assessment as to whether or not this model isuseful in the field ? >> it useful, that is why we introduced this model. >> and it was in the officers. >> and is a practical western mark. >> i believe it is practical. >> can you explain how so and in some of these situations involving police officers occur fairly quickly. >> that's true. >> is it possible for police officers to use thiscritical thinking model in the field , when actions are i'm sorry, when events are unfolding
quickly. >> it is possible. >> so we first used this model it would almost be like it could be almost like memory. and when we talk about these situations, i know they do happen. a lot of the time, we converts that a lot of the time we have the time. to slow things down and we reevaluate, reassess and re-go through this model.>> the provide this training because you believe it? >> -trythis training because i believe works, yes. >> no further questions. >>.
>> sir. >>. >> .a few follow-up questions.: minneapolis training officers involved in crisisintervention . >>. >> decision-making model. >> that's correct. >> you will in the policies and procedures surrounding both the crisis intervention the critical decision-making policies. >> yes sir. >> you said you is these policies with approval from
that she higher-ups. >> these form some policies of the minneapolis police. >> is not policy is in the policy. >> crisis intervention is. >> you have a long career as a police officer in the field in and investigation units so you have your experiences in the street. >> that's correct. >> are there situations in your own experience you use force on someone and other people observing the use of force. >> yes sir. >> you decide sometimes that doesn't understand police
actions and really. >> yes. >> but basically all you. >> yes sir. >> of the old goal of the crisis intervention or policy is not only deal with the suspect but also otherpeople may be watching , correct denmark. >> that's correct. >> in situations where citizens or bystanders take or live police are doing, you agree that essentially crisis from those observers. >> yes. >> and ukraine officers in those situations, right? >>. >> we critical decision-making model, policy decision-making model, that is what you describe as a rapid, very.
>> yes sir. >> is not just focusing on one particular thing many many things in rest. >> yes sir. >> some of the things the interactions you are having with said observers. >> yes. >> the training that you provide, there are material maintains. >> that's correct. >> asked the court to just display this. what has been marked as exhibit one you. he recognized the city training is body blissfully crisis intervention team? >> yes sir. >> no -- this.
this is the material frame is crisis intervention team student officers in this . >> knows her. >> is? >> it is created. >>. >> this is somethingrelated to train minneapolis police officers . >> yes. >> this is a more recent model. the 2008 email. >> is is me create really in the. >> is what you officers. >> police officers who are afraid it is interested as well as the de-escalation. >> and it officers are
trained to look for signs of from store crown. what are some of the potential side of officers four. >> based on you here the rapid breathing, vision. they seem prone on stress. >> so officer is making us in . one thing. and growing in intensity. these is a officers for or observers, right? >> yes. >>
>> rephrase. >> thank you. >> mister yang, or sergeant yang, as a part of your role in the minneapolis police department, do you train both cadets, recruits as well as veteran officers? >> yes i do. >> and you, can you describe the difference between the training that a cadet would receive versus a veteran officer? >> something like this would begiven to the recruits . and officers that have gone through means that the officer association training and crisis de-escalation, we will give them a progression training. we will introduce all the topics like officer to them
and go through different types of traffic as part of our crisis training so it's differentfrom what the recruits and the regular officer look at .>> the information that is presented to recruits versus veteran officers, is it generally the same type broad categories of information? >> it's similar, they want to be consistent. >> so the information that a veteran officer would receive in a 40 hour training would be inclusive of what to look for in terms of crisis, would it not? >> yes. >> you would train officers on a policy about crisis intervention, correct? >> yes. >> you would train them about what to look for when a person is in crisis. >> yes,are you talking about recruiting training or the veteran officer . >> veteran officer. >> are you referring to the
40 hour training? i have nothing to do withthe 40 hour training . >> so you don't know any information that the veteran officers receive . >> i do know some of it. but not the entirecurriculum . >> you've trained veteran officers yourself. >> i do but not in a 40 hour week. >> but in a refresher course. >> yes. >> and in therefresher courses do you discuss with officers the policy of crisis intervention ? >> yes. >> do you discuss the signs to look for both in terms of suspects as well asindividual observers ? >> especially the suspect. >> especially the suspect, but ultimately you'd agree that training also includes the critical decision-making model. >> yes. >> and the critical decision-making model is not
limited to or focused on simply the suspect, correct? >>. >> i'm sorry. >> i was just answering the objection, >> can you sir. >>. >> i can't remember my question. >> the critical decision-making policy that you've trained veteran officers on , it would be inclusive of people other than just the suspect, is that correct? >>there is no policy of a critical decision-making model, only on the practice policy . >> the critical decision-making model, you keep calling a policy, that's my problem but the critical decision-making model is not limited to interpreting or responding tothe suspect exclusively , is it?
>> that's correct. >> an officer is trained in thecritical decision-making model to go out and review the entire ready the situation , the totality of the circumstances, correct? >> that's correct. >> and the totality is more than just how you interact with the subject with you and you are arresting. >> that's correct. >> that would include citizen bystanders. >> correct. >> what to do when a bystander starts building. >> that's correct, yes sir. >> how to try to interpret whether citizens pose a threat or a risk, right? how to, you would consider your own interactions also with the suspect themselves. >> that's correct. >> you describethis critical decision-making model as being a very dynamic , ever-changing thing based on information comes to the
officer in real-time. >> yes sir. >> so an officer may consider to use force, may move backwards in the policy but may have to jump somewhere else in the policy when new information comes . >> yes. >> so it is a constantly evolving process where an officer is entrusted to make decisions based on all of the information he or she perceives, correct? >> that's correct, yes sir. >> that would include training, right? their training . >> yes sir. >> and other things that may not be apparent to a citizen. >> yes sir. >> tactical decision-making for example. >> yes sir. >> knowing that medical help was on the way. >> yes sir. >> making decisions about
officer safety, right? >> yes sir. >> it's not just one small thing that you'refocused only on the subject that your arresting . you're taking in a lot of information and processing it all at a simultaneously through this critical decision-making model, agreed to mark. >> yes sir. >> so in terms of and i'll take this down for now, but in terms of the information that you advise for talk to officers, veteran officers about, how to recognize the signsof someone in crisis . and the minneapolis police department policy on crisis intervention has a pretty specific definition of what constitutes crisis. >> yes sir. >> it's not limited to someone who mayhave a mental health problem. >> yes sir . >> it could include people
who are using controlled substances. >> yes sir. >> it could include people who are experiencing some event that is overwhelmingly, overwhelming them. >> that may be losing a job or getting a divorce butit could be what that personis observing at the time . >> yes sir . >> so the crisis intervention policy actually defines crisis as having a trajectory,correct? >> yes. >> and that trajectory can increase in its severity over time >> yes sir . >> that's what it becomes important for anofficer to create a time and distance . >> yes sir. >> and creating time and distance or an officer is an important part of the de-escalationprocess, is it not ? >> and would you agree that
you train police officers that as that intensity of crisis increases, the risk or threat to the officer grows greater. >> i don't believe i train them specifically like that, my training is at the intensity increases and you have the distance and the time, you try to write it down. not increase intensity. >> what i'm talking about is not the officer trying to increase the intensity, my question is this. as a person is in crisis, and intensity of their own personal crisis rose, do you train officers that as they kind of get more intense, the risk to the officer or others is greater. >> yes sir.
>> and in fact, officers are trained to respond to that in a variety of ways. >> yes sir. >>. >> some of the techniques that the minneapolis police department trained both veterans and recruits would be to have a confidence about them,correct ? >> confidence about them, yes sir. >> an officer should try to appear confident in his or her actions. >> yes sir. >> theyshould also try to stay home . >> yes sir. >> they should try to maintain space. >> yes. >> they should speak slowly and softly. >> yes sir. >> they should avoidstaring or eye contact . >> yes sir.
>> and ultimately when a police officer is dealing with any situation, they could be dealing with any number of people who are in crisis. >> yes sir. >> the subject, the arrestee may be in crisis. >> yes sir. >> people who are watching maybe in crisis . >> another officer could be in crisis. and an officer has to take all of that in and do this assessment and make a determination as towhat his or her next steps would be . >>. >> and the observations of the officers in that situation, i think you describe on direct examination, you describe that an officer will also take into and apply to the
critical decision-making model his own sensory, his or her own sensory perception. so a touch of having a feeling suspect be tense or loose, >> what they may hear comes into play. >> so if they hear people threatening them or potentially threatening violence, that goes into that critical decision-makingmodel as well. >> yes sir . >> and often times, the scene of an arrested individual is very tense. >> yes sir. >> i have no further questions. >> let me redirect.
>> if we could publish exhibit 276 again please. >> so i'm displaying again the critical decision making model that you have been testifying about. and the thrust of your direct testimony was using this in terms of and assessing a person in crisis for determining whether or not they needed medical intervention. >> yes sir. >> in discussing this and i guess relating it to some of the broader force concepts that defense counsel is questioning about, again, all of these things must be taken into account when deciding
the next step, is that right? >> and the officer always have to keep in mind their authority to act, that's one of the parts of the model. >> yes sir. >> defense counsel asked you if the officer should just focus on one small thing. and i would like you to make some sort of comment on differentiating between a small thing and a big thing area because you would agree that thing that is a big thing would probably be more important than a small thing. >> it depends on what the big thing is and what the small thing is. >> for example if we're looking at assessing somebody's medical condition area for the purpose of rendering emergency aid. without be abig thing or a small thing. >> that would be a big thing . >> if then that contrasted with say a 17-year-old
filming you with a camera. >> .. governing the use of force and it must be reasonable. >> yes. >> it would also include for authority to render medical aid. >> yes. >> as the policy is written which includes not only contacting the ambulance but performing emergency aid in chester's compression and cpr. >> yes, sir. >> nothing further.
>> in terms of critical decision-making model again, your analyzing all of these things, medical aid, drugs from citizens or service, whether people are reporting for your seeing and feeling, it's all premised on whether it's safe and feasible to do something, correct? >> yes, sir. >> nothing further. >> is that your water, sir? okay. next witness, please.
>> things, your honor, the state calls -- numeral. >> do you swear or affirm. [inaudible] >> yes, your honor. [background noises] >> if we could have you state your full name. >> johnny marcel. >> thank you, your honor. how are you employed? >> city of minneapolis police department. >> what you do for the city of minneapolis? >> i'm currently on medical leave but i'm currently the tenant with minneapolis police
department. >> how long have you been with mpd? >> since 1996. >> i'd like you to tell you a little bit about yourself, can you share about your educational background? >> for your degree of the university of north dakota, criminal justice, i graduated in 95. >> after you graduated from the university, did you get a job in law enforcement right away? >> i got hired from the man on his police department and 96 joined the police academy. >> describe your academy expense. >> i was a cadet, a combination of police academy and college courses to qualify for minnesota test. >> did you take and pass the posttest? >> don't talk over each other. >> yes, sir. >> after you completed your coursework, did you go into a training program? >> yes, sir.
>> how long were you in that? >> i believe about four months at that time. >> then you received your first assignment as a police officer, is that right? >> yes. >> please tell the jury what your first assignment was. >> i was a patrol officer in the third precinct which is southeast minneapolis and duties are patrolling the street, and drink 911 calls. >> how long did you serve as patrol officer in the third precinct? >> a couple of years and then i went to the community response team. >> also referring to the community response team, crt? >> yes, sir. >> what does that do? >> respond to the local community concerns about crime, prostitution, drug dealing. >> how long were you with that. >> i did that for about three years. >> what was your assignment "afterwards"?
>> i went to the patrol unit, technically downtown unit at the time. >> what is the patrol unit do? >> crowd control mainly for busy times in minneapolis. we focused on downtown minneapolis. >> how long did you do that? >> full time for about a year end a half and then i went to patrol in downtown. >> how long were you in the downtown side. >> downtown the lodge until 2006 and that i was promoted to sgt. >> in order to be promoted to sergeant, did you take an exam and pass it? >> yes, sir. self-service exam and an assessment center after you selected as sgt., he received your first assignment? >> yes. i went to the unit in downtown at city hall and from there i
went to the juvenile unit and eventually i ended up back downtown on patrol supervisor. >> how long did that take. >> i think we are at about 2007, 2008. >> and after that? >> i was there for a couple of years and i went back to patrol as a sgt. in charge of the unit 2009, i went back about a year end a half and i went to minneapolis police department gang enforcement team as sgt. and then from there investigated gun crimes and then after that assignment, i was on the north side on patrol for about a year, year end a half and went back downtown on the community sponsor team downtown and then 2017 i took lieutenant the past and was lieutenant in 2017.
>> were reassigned as lieutenant? >> after being promoted, i was transferred to the training division in charge of use of force. >> i'd like you to talk to the jury a little bit about your own background and use of force. are you familiar with minneapolis police department policy regarding use of force? >> yes, sir. i trained for several years. >> that was part of your academy training. >> partially. your familiar with the use of force of the academy. >> after he left the academy, did you have to take refresher courses which would have included use of force training? >> yes, sir. >> in order to maintain license? >> yes. >> have you had training beyond that was presented at the academy and yearly certification? >> yes, sir. >> could you describe it?
>> i became a part-time in 2010 and part-time of force instructor until i was promoted to lieutenant where went to the training unit full-time. >> what did you have to do to become qualified. >> i went through different courses designed to train us on use of force. i also started training brazilian jujitsu for the department as part of ground defense initiative, several other classes and different academies. >> i'd like to maybe qualify if you terms we may, we talk about use of force, use of force training and we hear the term defensive tactics can you differentiate between the two? >> i think they are interchangeable, use of force is probably the more appropriate term, defensive tactics is more of a term has been used longer
so people can return refer to the defensive tactics. >> would fix tactic in terms of defense pack the instruction include more hands-on type instruction? >> yes, sir. >> are you interested brazilian jujitsu before coming the police officer? how to that go? >> i was in martial arts through college and then i was interested from use of force instructors who recruited me to do that and fell in love with the art form and what its implications uses are for law enforcement. >> would you please provide high-level overview of what brazilian jujitsu is, some of the basic principles? >> a form of martial art that focuses on leverage and body control. it emphasizes strength, there's
no punching or kicking, it's usually your body weight kind of like wrestling joint lock manipulation, neck restraint, things of compliance as well as physical body control to get people to comply. >> you use the phrase compliance, what is that. >> the technique that causes the person using it against to have pain so they will do what you're asking them to do. >> so for example mabel from childhood, your familiar with the game mercy? >> yes. >> walk angers and twist down and somebody has to submit, similar to that? >> yes. >> although brazilian jujitsu is not the only defensive tactic
officers are trained on. >> no, it's just one of a variety of different tools can be employed to deploy force, is that right? >> correct. >> for the purpose of enforcing the law. >> correct. >> does use of force instructor is becoming certified, did you have to be knowledgeable in all relevant departmental policies and procedures regarding use of force? >> yes, sir. >> as well as state law governing use of force which is largely integrated into minneapolis departmental policies? >> yes, sir. >> you indicated you were lieutenant, lieutenant in the training center, is that right? >> training division. >> please describe your role as lieutenant of the training division. >> use of force in charge of
patrol operations as well as police range and i was in charge of all continuing education to make sure officers were for the mandate to maintain their license. >> as part of that to make sure you're probably reporting to the word, do you keep records and sheets of particular officers having completed training? >> correct. >> the training hours are collected and reported to the director program? >> yes, sir. >> do have an accurate record of who's been trained in what. >> yes, sir. >> when you are lieutenant of the training division and use of force, are you coordinating both service and in-service training? >> yes, preservice side use of force, patrol operations, the interim side is what we consider
to be the mandates we have to keep up with. >> as lieutenant, you are in charge, imposition of rank over sgt.? >> correct. >> those are usually the level maybe the trainers largely at sgt. level? >> me the officers with sergeants overseeing. >> as lieutenant person in charge of this training, are you familiar with the curriculum imparted upon both preservice and in-service training? >> yes, sir. >> you helped developed the curriculum. >> yes. >> do you approve the curriculum? >> yes. >> does it include a general booklet put together by the defensive tactic instructor? >> yes. >> that booklet has the general concepts for use of force imparted on preservice trainees and in-service training?
>> correct. >> if i could show exhibit 126 to the witness. i'm showing you what's marked as exhibit 126 labeled minneapolis police department use of force manual academics and techniques produced by mpd defensive tactic, are you familiar with this document and predecessor documents? yes, sir. >> does this document contain the general, the curriculum imparted upon mpd preservice and in-service training? >> yes. >> exhibit 126. >> received. >> we will publish that at this time. you also participate in and approve a powerpoint training
session for both preservice and in-service training? >> yes, sir. >> for the witness, i'd like to show what's marked for identification as exhibit 119. it labeled 2018 defensive tactics in-service. >> yes, sir. >> show the witness the second page. you see your name on the slide deck listed at the type of the instructors? >> yes. >> are you familiar with the content of this particular powerpoint presentation. >> yes, sir. >> did you help create it. >> yes. >> you approved it's used during the training? >> correct. >> it's listed as 2018 so this would have been provided for in-service training so
experience performing officers during the 2018 session, correct? >> correct. >> is the training provided, you have quite a few minneapolis peace officers will have to go through the training, right? >> yes. >> so they are not all taking at the same time. >> correct. >> but if somebody has completed the fall 2018 defensive tactics training, does that mean they saw it? >> yes. >> exhibit 119. >> 119 is received. >> we talked about training records as well as signing sheets so i would like to show exhibit 124. exhibit 124 is labeled 2018 annual in-service training
program, is that right? >> yes, sir. >> i see your name at the top as an instructor in the correct. >> this is a sign in sheet that would show different officers who would sign in having taken the training. >> correct. >> turn to page two. you see the name derek chauvin? >> yes, sir. >> are you familiar with that name, derek chauvin? >> yes. >> what you recognize him if you saw him today? >> yes, sir. >> you see him? >> yes. >> please describe what he's wearing. >> the blue tie, what light blue shirt and a gray jacket. >> may the record reflect the witness identified the defendant.
>> it will. >> go back to page one. at this time will offer exhibit 124. >> 124 is received. >> permission to publish 124. if you could highlight instructor block and title again, you see this is the 2018, the training was provided october 1, 2018, right? >> yes, sir. >> you are listed as one of the trainers, correct? >> correct. >> if you could go to page two. highlight, please. and you can see the training was attended by the attendant.
>> yes, sir. [background noises] how many times you think you've provided training like what we saw in the exhibit various officers over the years? >> hundreds of times. >> is this slide deck that you identified as being the 2018 version fairly consistent prior versions of use of force training provided? >> the documentation? yes. >> when you do use of force training is the generally two components? a classroom component and then tactical component? practical exercises? >> correct. >> what we saw in the exhibit was classroom. >> i believe so.
>> what i would like to do now is publish exhibit 119. just like you've done hundreds of times before, i'm going to have you explain some of the selected slides to the jury. >> yes, sir. >> turn to page two, 119 and you can see your name listed on the in-service training is one of the instructors do not yes, sir. >> turn to page four. page four of the slide deck contains the policy, right? >> yes, sir. >> you testified your familiar with the policy, use of force policy on the objectives of training to do part of the
policy, teach the policies to the attending officers. >> yes, sir. >> this is from the minute minneapolis policy manual five -- 301, could you describe to the jury what is site is intended to convey? >> looks like three bullet points sanctity of life and protection of public that's the cornerstone of our use of policy, protection of the public. also clear and consistent policies, we like policies to be understood and use of force standards fall under the fourth amendment. >> we are talking about of force, i'd like you to turn to page seven of the exhibit 119. when we talk about use of force, you explain to the jury use of force is?
>> intentional police contact involving any weapons of the vehicle, equipment, physical strength to the body, physical contact to the body injury or restrain or circumstance likely to produce injury. >> he trained officers that restraint is a form of force, is that right? >> yes. >> when applying force or restraint, the restraint has to be reasonable, correct? >> correct. >> and it has to be reasonable at the time is starts and stops. >> correct. >> are you familiar with the concept personality? >> yes, sir. >> turn to exhibit page eight. you discuss proportionality to
trainees, he used this exhibit, right? >> yes, sir. >> in general without using the slide, explain to the jury as you would a group of trainees, what is proportional force? >> you want to use the least amount of force to control and lower uses of force do not work, what not work for you have tried, you can increase your level of force. >> do not work, unsafe to try, scene sounds like you may have you set a timer to. >> yes, sir. >> to use that and training every time? >> we discuss proportionality regularly. >> he said you want to use least amount of force as necessary? >> yes. >> why is that?
>> lower level, to meet your objectives. >> we talk about proportionality, proportional to watch? >> i say level of resistance you're getting. >> the level of resistance would be dependent upon who? >> the subject you are using force on. >> the specific subject? >> yes. >> at this time i'm asked to publish exhibit 110, this has already been received into evidence, do you recognize exhibit 110? >> yes, sir. >> what is that? >> technically called the response training guide, a lot people referred to as a continual. >> we were discussing the concept of proportionality, you talked about subjects behavior, is that right? no caps.
>> over here on the left-hand side, correct? >> yes. >> subject behavior could very from nothing to passive resistance all the way to act of aggression, correct? >> yes, sir. >> in terms of proportionality, there are various tools available to law enforcement officers based on the subject behavior, correct? >> correct. >> if we can take an example with active one response could be worked? >> up too and including deadly force. >> but then for lower levels of subject activity such as passive resistance, that could include things like verbalization? >> correct. >> is this something you use with law enforcement officers training to represent the concept of proportionality? >> i'm not sure if we would use this specific course but we have
used in the past to describe levels of resistance officers response also increase. >> similarly the levels of resistance increases, what should the officer do? >> use proportion as well. >> that is listed on this response and control guidance. >> correct. >> you indicated you train officers they should use least amount of force available or reasonable under the circumstances, right? >> objective, yes. >> explained that. >> use lethal force to control somebody, it might be level enforcement, get them in
handcuffs, use lowest level possible to be subjective. >> lower levels of force, is it fair to say when you use force people can get hurt? >> yes, sir. >> the subject can get hurt, the officer can get hurt? >> is. >> it's better to use lesser amount of force. >> yes, sir. >> , the reason is it's required. >> yes. >> go back to exhibit 119 and publish pages 12. you trained officers, is that right? >> yes. >> minnesota statutes provide integrated mpd policy about the concept of minimum restraint, is that right? >> correct. >> if you could please highlight the first section -- i'm sorry, the second section.
what is the policy statute provides regarding the amount of strength that could be used on the subject? >> first line talks about the officer making arrest, may not subject arrest with anymore restraint than necessary. >> what does that mean? >> minimum amount of force you need to accomplish the objective of arresting the detainee, that's what you should use. >> you are familiar with the circumstance that brings you here today, is that right? >> yes, sir. >> i need to show you a photo received into evidence,