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You are here: Home / News / Defense testimony continues today in Chauvin trial

Defense testimony continues today in Chauvin trial

April 14, 2021 By Scott Peterson

Testimony continues today in the Derek Chauvin trial. Defense use of force expert Barry Brodd on Tuesday testified that in his opinion, Derek Chauvin did *not* use deadly force on George Floyd. Brodd said he “felt that officer Chauvin’s interactions with Mr. Floyd were following his training, following current practices in policing and were objectively reasonable.” That directly contradicts several witnesses for the state who testified that Chauvin’s actions were unjustified. Prosecutor Steve Schleicher went after Brodd’s testimony after showing pictures and playing video of Chauvin on top of Floyd. Schleicher said Floyd was “not resisting, he’s not talking, it’s not possible is it?” Brodd: “To do what?” Schleicher: Resist.” Brodd: “I think it’s definitely possible to resist.” Schleicher: “when you’ve passed out? He’s not doing it here is he?” Brodd: “Not when he’s passed out, no.” The state is arguing that Chauvin used deadly force in more than nine minutes of restraining Floyd and Schleicher asked Brodd: “the only struggling that you saw Mr. Floyd doing after he was restrained is struggling to breathe right?” Brodd: “I don’t know if he was struggling or was he struggling to catch his breath, I can’t tell.” Schleicher: “In any event, struggling to breathe is not active resistance is it?” Brodd: “To me, no, to the officer it may be.” Brodd also testified said when it comes to use of force, police may engage in “oneupsmanship” adding “police officers don’t have to fight fair, they’re allowed to overcome resistance by going up a level.” On cross-examination, Schleicher questioned Brodd about Minneapolis police use-of-force policy: “did you see the term or phrase “oneupsmanship” anywhere in this policy?” Brodd: “No.”

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