The case against former Minneapolis police officer Derek Chauvin for the murder of George Floyd is falling apart, but the media continue to promote the lie that it's a slam dunk and riots may follow. Ben Shapiro explains why the case is a foregone conclusion and why the media should not even be covering it at all. He also explains why there is no reason to worry about the outcome of this case and why we should not be worried about what could come in the future when inflation and higher taxes come into effect. If you're an investor, what's a great way to hedge your bets? You might want to think about investing in precious metals. There's only one way to protect your savings and do what over 10,000 other smart investors have and convert a portion of your retirement accounts into gold and silver. When inflation hits, and eventually it will, Gold and Silver are your safe haven. And that's when what goes up must come down, because that's true when you just start pumping money into the economy. For peace of mind, whenever you go online, visit ExpressVPN.org/TheBenShapiroShow and become a supporter of the ExpressVPN service. You can trust them as well! Text Ben to 474747 for your free information kit on precious metals IRAs today! or speak with a Birch Gold representative! Or call in and ask all of your questions about the latest news and updates on The Ben Shapiro Show! . Today's show is sponsored by Birch Gold & Silver! - Ben Shapiro and the Birch Gold Group! Ben's Show is by ExpressVPN - The Birch Gold + Silver Group, the people I trust to help you convert an IRA or eligible 401k into an IRA backed by Gold and silver? to a safe haven that can help you get a FREE safe with qualifying purchase with qualifying purchases that can do that too help you too! ...and so much more! "The Ben Shapiro show is a show where you can trust me, I buy my gold and I can trust you too. I can t trust my own safe haven, I can help me too." - Ben's Gold & silver and silver and I'm not only that, I get it all that too. - the real Ben Shapiro, I'll help you do it, too! and I'll send you a free safe and I know that you'll get a safe place to help me, too?
00:00:00.000The state's case against former Minneapolis police officer Derek Chauvin for the murder of George Floyd is falling apart, but the media continue to promote the lie that it's a slam dunk and riots may follow.
00:00:16.000The Ben Shapiro Show is sponsored by ExpressVPN.
00:00:19.000For peace of mind, whenever you go online, visit expressvpn.com.
00:00:23.000Slash Ben will get to all the details of the news in just one moment.
00:00:26.000First, here is a reminder that we are spending more money than God right now.
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00:01:39.000The Derek Chauvin trial continues in Minneapolis.
00:01:41.000And if you watch the media, the takeaway that you're going to get from the media is that this trial is over, that the trial shouldn't even be taking place.
00:01:50.000And in fact, if you watch members of sort of the Glitterati talk about the Chauvin trial, they're saying things like, why is there even a trial?
00:02:03.000The media are not featuring any of the headlines that are being made on Cross.
00:02:08.000Which is the stuff that's actually in the news.
00:02:09.000Instead, they're only focusing in on what the prosecution is claiming so that you would think that the outcome in this case is a foregone conclusion.
00:02:17.000And the reason they are doing that is because if you think that this case is a foregone conclusion, that means there's only one reason and one reason alone that Derek Chauvin might be acquitted in this particular case.
00:02:25.000And that, of course, is the media's favorite narrative.
00:02:29.000If Chauvin is acquitted, say the media, the only reason that could happen is systemic American racism because this case is absolutely clear-cut.
00:02:36.000There are no questions to be asked about it.
00:02:38.000There is no reason that you would be worried about it.
00:02:40.000For example, here's a Washington Post headline from yesterday, quote, trial to resume after training officer says an unauthorized neck restraint was used on George Floyd. So sounds like an unauthorized neck restraint was used on George Floyd.
00:02:52.000According to uncontroverted testimony from the prosecution witness, this means it was an unauthorized neck restraint, which means that this looks a lot like felony assault.
00:02:59.000Except, what we will explore in just a second, is that on cross, most of the main witnesses for the state have been falling apart.
00:03:06.000Remember, the standard here is reasonable doubt.
00:03:08.000Now, I'm not making the case that Chauvin is innocent.
00:03:15.000The standard in American criminal law is reasonable doubt.
00:03:19.000And let's just put it out there right now.
00:03:21.000If you look at this case and you don't see reasonable doubt, I'm not sure what case you are watching.
00:03:25.000It seems to me that you want to come to a conclusion That was already preset in your mind.
00:03:29.000If you're watching how this case is going for the prosecution and your immediate takeaway is it's still as clear-cut as I thought it was before the trial.
00:03:36.000If anything, this case has made the case for Chauvin significantly stronger and the defense hasn't even begun its own formal defense as of yet.
00:03:43.000How bad is this case going for the prosecution?
00:03:45.000The prosecution called a witness the other day.
00:03:48.000They called a witness who is a use-of-force expert.
00:03:53.000And the use of force expert was so bad that the prosecutors were getting visibly angry at their own witness.
00:03:58.000A medical support expert for the Minneapolis Police Department was called by the prosecution.
00:04:02.000She was so bad that the defense is going to call her, the prosecution witness.
00:04:08.000The defense is going to turn around and call the prosecution witness because the prosecution witness was so bad for the prosecution in this case.
00:04:14.000Does this mean prosecutors are incompetent?
00:04:16.000No, it means this case is actually extremely difficult.
00:04:18.000On the fact pattern, because there are several things that were never proved by the media before we had 20 million people out in the streets suggesting, number one, that this was a case of uncontroverted police evil and brutality, and two, that it was a case of police racism.
00:04:30.000The second claim, nobody ever bothered to substantiate at all.
00:04:35.000The entire BLM movement was rooted in the lie that America's police officers are systemically racist, that they are out to get black people, and George Floyd was used as exhibit A. They have still yet to demonstrate an iota of evidence that Derek Chauvin's behavior was driven by animus for black people, like they've not demonstrated any of it.
00:04:51.000Now, what's amazing about that is that you can absolutely find cases in America in which there's an uncontroverted fact pattern of racism.
00:04:59.000So for example, if you look at the Ahmaud Arbery case down in Georgia, this is the case where there's a black guy and he was trespassing in a house, and then somebody saw him trespassing in the house, it was an empty house, so he was trespassing in like an empty construction site, and then he started running away.
00:05:14.000The original story, he was just jogging through the neighborhood, that wasn't true, but what happened is some people started chasing him in their trucks, they stopped the trucks, and according to some of the witness testimony, After he confronted them and they were holding guns trying to stop him and hold him for the cops, which they weren't supposed to be doing.
00:05:29.000After he did that, they shot him, okay?
00:05:50.000Even if that claim had been substantiated in some way, it would not answer the question as to whether Chauvin actually murdered George Floyd.
00:05:57.000So to reset here, here is what George Floyd has been charged with.
00:06:00.000He has been charged with second-degree murder, or Derek Chauvin has been charged with second-degree murder, third-degree murder, third-degree manslaughter.
00:06:07.000Those are the three crimes with which Chauvin has been charged.
00:06:11.000In order for the prosecution in this particular case to elicit a guilty verdict, they first have to show causation.
00:06:19.000That it was Chauvin's actions that led to the death of George Floyd.
00:06:22.000And that's actually a pretty high bar as we're going to explore in just one moment.
00:06:26.000The autopsy report, for example, showed that Floyd had fentanyl and methamphetamine in his system.
00:06:30.000In fact, he had three times what is normally considered the fatal dose of fentanyl in his system.
00:06:36.000Now some people are arguing that he'd built up a resistance to fentanyl over the years.
00:06:39.000Three times the amount that normally kills somebody is still a lot of fentanyl.
00:06:46.000The original medical autopsy, the only actual medical autopsy done of Floyd's body, found that Chauvin's neck hold did not, in fact, cause any damage to Floyd's trachea.
00:06:55.000So the notion that he choked him to death, that he couldn't breathe because his airway was being compressed, that was not true.
00:07:01.000So maybe Chauvin's neck restraint contributed to Floyd's death by ratcheting up his blood pressure, but here's the thing.
00:07:07.000Would that have happened if Floyd did not already have a 75% arterial blockage?
00:07:32.000First of all, they're second-degree murder.
00:07:34.000Okay, second-degree murder requires that the prosecution has to prove beyond a reasonable doubt that Chauvin unintentionally killed Floyd while committing a felony, in this case, felony assault.
00:07:42.000In other words, he was committing a felony on Floyd simply, like, if nothing else had happened in this case, if Floyd didn't die, that would have been felony assault, what Chauvin was doing to Floyd.
00:07:50.000That's gonna be very, very difficult to prove because that requires intentional infliction of bodily harm.
00:07:56.000And as the defense has been suggesting throughout, the kind of use of force that Chauvin was using was actually a lesser use of force than the Minneapolis Police Department allows.
00:08:05.000They would have to show that Chauvin wanted to hurt Floyd, not just use a suppression tactic that had been greenlit by the Minneapolis Police Department.
00:08:12.000Third-degree murder doesn't even apply.
00:08:13.000Third-degree murder is what's called depraved heart murder.
00:08:16.000As I've suggested many times, depraved heart murder is a crime where you shoot a gun into a crowd.
00:08:21.000And we can't convict you of specific intent to kill Bob, but Bob was one of the members of the crowd, so we convict you instead of depraved heart murder because you didn't care who died, you just knew somebody was likely to die when you shot a gun into the crowd.
00:09:00.000So in any case, this is not an easy case and we're going to get into all of the testimony that's been had over the past couple of days because it's horrible for the prosecution case.
00:09:08.000But the broader point here is that the media are ignoring so much of this.
00:09:11.000The media do not want to report any of this stuff.
00:09:16.000What the media would like to report, you'll see some of it covered on Headline News to be fair, what the mainstream media are reporting, the establishment media, the Washington Post, what they are reporting is that not only is Chauvin guilty, no question he's guilty, police departments all over America are guilty.
00:09:31.000We'll get to that lie in just one second.
00:09:33.000First, let us talk about the fact that you wake up in the morning, you're getting ready for work, you're getting ready for school.
00:09:38.000You know what something can make you feel really put together?
00:10:56.000OK, so as I say, the media agenda here is to suggest that this case is a foregone conclusion, that there are no serious doubts that any rational jury could have.
00:11:03.000The Washington Post is pushing this idea.
00:11:08.000One of the things that this case is not about is all policing or all policing.
00:11:12.000This is what the prosecution told the jury in opening arguments in the trial of former Minneapolis police officer charged with the murder of George Floyd.
00:11:19.000Driving home that point, prosecutors have called to the witness stand a number of police officers to testify against Derek Chauvin, all of whom condemned how he knelt on Floyd's neck for more than nine minutes.
00:11:27.000The spectacle of so many officers testifying against one of their own was unusual, and a welcome break from the so-called blue wall of silence that has long enabled police misconduct.
00:11:35.000However, the singling out of Mr. Chauvin doesn't give a pass to Minneapolis or other cities for the systemic issues that have fueled brutality against people of color.
00:11:44.000Most police officers serve bravely and with integrity, says the Washington Post.
00:11:47.000If Mr. Chauvin, as the prosecution has essentially argued, is that rare bad apple, Who violated his badge, why wasn't something done sooner?
00:11:54.000During his nearly two decades with the department, Mr. Chauvin shot one suspect, was involved in the fatal shooting of another, and received at least 17 complaints.
00:12:05.000Really, where's the allega- Do we have any details on the allegations?
00:12:08.000As far as being the subject of complaints, police officers are routinely subjected to complaints, the vast majority of which are completely specious.
00:12:14.000The vast majority of complaints against police officers generally involve suspects involved in bad behavior who don't like the fact that they are being arrested.
00:12:22.000But says the Washington Post, if police training is state-of-the-art, how to account for the failure of other police to act, including three officers who are set to go to trial in August for aiding and abetting Floyd's murder.
00:12:30.000By the way, no way those guys get convicted.
00:12:33.000That's going to be so hard to try and convict those guys.
00:12:36.000One has to wonder what would have happened if a young bystander to Floyd's arrest hadn't had the presence of mind and bravery to film the events and show the world the damning evidence.
00:12:43.000Would George Floyd have become just another incidence of force used disproportionately against black people?
00:12:47.000Prosecutors are right that the jury will decide the guilt or innocence of Mr. Chauvin, but make no mistake, policing is also on trial.
00:12:52.000Okay, the predicate to that piece is that there is no doubt whatsoever that not only did Chauvin act wrongly, not only did he misjudge the situation, he purposefully killed George Floyd, and police all over the country are doing the same.
00:13:04.000There's only one problem with this narrative.
00:13:05.000The evidence is not backing it up thus far in this case.
00:13:42.000If the person in front of him at the stoplight had sped through a yellow, maybe he's not there at that particular time and place.
00:13:48.000Is that person responsible for his death?
00:13:49.000No, because there's a difference between but-for causation and then causation in fact.
00:13:53.000If there are many intervening factors in a particular case, that goes to the question of causation in fact.
00:14:00.000So, the defense is arguing, I think on fairly strong terms here, that George Floyd's massive drug use contributed to his death.
00:14:08.000And that if you have to allocate where the causation lies, it lies much more with Floyd's drug use than it lies with Chauvin using this suppression hold.
00:14:18.000Hey, this is the subject of controversy, but that's the entire point.
00:14:21.000You don't have to believe that the defense is 100% correct to acknowledge that reasonable doubt exists.
00:14:25.000Because again, the standard in criminal law is not, who do I think is right?
00:14:28.000But can you prove beyond a reasonable doubt, that's a very high standard in criminal law, beyond a reasonable doubt that Chauvin killed Floyd?
00:14:35.000Not Floyd's pre-existing heart condition and massive drug use.
00:14:39.000OK, so how extensive was Floyd's drug use?
00:14:41.000And people are saying this is slandering Floyd.
00:15:17.000I don't think it's very relevant to this case, what his criminal history was, other than police running his name, for example, or his ID, and recognizing that maybe in the past he'd had run-ins with cops, and so you have to be extremely careful with him, right?
00:15:29.000The question is always, what is the relevance of the evidence to this particular case?
00:15:34.000So, the relevance here is that George Floyd was a serious drug addict.
00:15:38.000Not only was he a serious drug addict, he's a serious drug addict who had overdosed in the recent past.
00:15:42.000Courtney Ross is Floyd's girlfriend, and she testified on the stand that just a few months ago, he actually overdosed, and then she had to bring him to the ER.
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00:17:58.000He appeared via Zoom at a court hearing on Tuesday morning, in which his attorney argued he has no immunity from prosecution that stems from testimony about his and Floyd's behavior while seated in a Mercedes-Benz SUV shortly before the police arrived on May 25th and arrested Floyd.
00:18:40.000Why is he saying that he might incriminate himself?
00:18:43.000Because he is afraid that he's going to be forced to testify that he gave George Floyd the drugs that killed him and then he will be charged with third-degree manslaughter.
00:19:15.000The prosecution is not offering him immunity because they don't want him to testify.
00:19:19.000And the reason they don't want him to testify is because they are afraid that then the defense will question the guy and the defense will say, by the way, didn't you give this guy enough drugs to kill him?
00:19:52.000Nelson said Mr. Floyd's friends will explain that Floyd fell asleep in the car and that they couldn't wake him to get him going, and they thought the police might be coming because the store employees were coming out.
00:20:01.000But now, Hall's lawyer says he won't take the witness stand.
00:20:05.000The lawyer says, Your Honor, I can't envision any topic that Mr. Hall would be called to testify on that would be both relevant to the case that would not incriminate him.
00:20:12.000Mr. Hall's testimony in these matters would specifically put him in the position of being in very close proximity to Mr. Floyd in a vehicle where drugs were found during a search by police following Floyd's death.
00:20:22.000Courtney Ross actually testified that Maurice Hall was the person selling pills to Floyd.
00:20:27.000Here is Courtney Ross, Floyd's girlfriend, talking about this, saying that Floyd purchased drugs from Hall in the past, that these drugs had not been good for George Floyd, that they had exacerbated him, made him really agitated, and that they continued to have those pills around from March through May.
00:20:42.000Would you agree with me that the FBI agents asked you, from March to May, if you continued to purchase those pills from the same source. Did they ask you that question? They did. And you responded once in a while when we were desperate, agreed? That's what it says, yes.
00:21:02.000Okay, not only that, they found, this is an incredible thing.
00:21:07.000Okay, the investigators on the scene, they went to look at the police squad car.
00:21:10.000Okay, Chauvin's lawyers went to look at the police squad car.
00:21:13.000This is six months after the incident.
00:21:16.000Okay, and what they turned out to find were half-chewed pills on the floor of the squad car that had Floyd's DNA on them.
00:21:22.000Somehow, the police investigators missed all of that.
00:21:32.000And the notion that they missed key evidence, like, you know, the half-chewed pills that had meth and also had fentanyl in them, they had traces both in the pills, that those had George Floyd's DNA on them, in the back of the squad car, and they somehow missed that?
00:21:49.000Normally, that would be enough right there to provide reasonable doubt.
00:21:54.000Okay, so if that's not enough for you, the evidence here in terms of reasonable doubt is very solid.
00:22:00.000The reason I'm bringing this up is not to say that you have to think that Derek Chauvin is a wonderful person or God forbid George Floyd deserved to die or anything like that.
00:22:33.000In which George Floyd is screaming that he cannot breathe before he is out of the car.
00:22:38.000If he cannot breathe before he is out of the car, then whatever suffering he was having with regard to his breathing was not initiated by Derek Chauvin's knee.
00:22:47.000It was initiated by some exterior circumstance.
00:22:50.000At this point, nothing had happened that could even remotely be considered felony assault by the police officers.
00:22:55.000They'd really gently attempted to put him in the car.
00:23:04.000He said he would prefer to be on the ground rather than in the car.
00:23:07.000He's already before Chauvin even approaches him.
00:23:10.000Before Chauvin approaches him, George Floyd is saying he can't breathe.
00:23:14.000Which means that if you take him seriously, Which, given the fact that apparently he died of some form of asphyxia, whether it is drug-induced asphyxia or physically-induced asphyxia, it's more likely to be drug-induced asphyxia if you're complaining that you can't breathe before there's any possibility of positional or physically-induced asphyxia.
00:23:34.000And here is the tape of George Floyd saying he can't breathe before he's even out of the car.
00:25:02.000It also goes to whether it's an approved use of force.
00:25:04.000Okay, if you've got a knee on somebody's shoulder blade, that is a very different thing from if you have a knee on somebody's carotid artery or something.
00:25:09.000Here is the defense lawyer getting the police chief in Minneapolis who is testifying against Chauvin to acknowledge that his knee appears to be on his shoulder, not on his neck.
00:25:17.000You can see clearly from the body footage right here that his knee is actually on the back of his of his back.
00:25:33.000Would you agree that from the perspective of Officer King's body camera, it appears that Officer Chauvin's knee was more on Mr. Floyd's shoulder blade?
00:25:48.000Okay, and you can see the hesitancy there from the Minneapolis police chief because he really doesn't want to answer that particular question because it really makes it difficult to convict somebody for putting a knee on somebody's shoulder blade if they then die of some sort of asphyxia.
00:26:01.000Okay, then the lawyer also elicited the same exact testimony from the prosecution's use of force expert.
00:26:08.000Again, this is all the stuff that they're not going to show you on CNN.
00:26:10.000They'll show it maybe on CNN Headline News and discuss it, but nobody watches that.
00:26:14.000So the mainstream, most watched, Establishment media will not focus on these particular stories because they really, really undercut the prosecution's case.
00:26:22.000It's important, once again, because it completely undercuts the media narrative that this case is a foregone conclusion and any acquittal is just evidence of evil American racism.
00:26:31.000Here is the defense lawyer eliciting the exact same testimony from the prosecution's use of force expert.
00:26:37.000Based on your observation of this photograph, it appears that the shin is coming from the top of the shoulder.
00:27:19.000They did Sheldon's knee cause George Floyd's death.
00:27:23.000Or was it the massive amounts of drugs in George Floyd's system, the 75% arterial blockage, and the fact that George Floyd was quite high before any of this occurred?
00:27:31.000The ER physician called, again, these are all prosecution witnesses who are being kind of taken apart by the defense here.
00:27:39.000This is the ER physician, Dr. Bradford Wankhede Langenfeld.
00:27:42.000Now, important to note that Dr. Langenfeld here never actually met George Floyd while he was alive.
00:27:47.000He didn't care for George Floyd while he was alive.
00:27:48.000By the time that he got to the hospital, George Floyd had essentially expired.
00:27:52.000He'd basically flatlined while he was in the ambulance on the way to the hospital.
00:27:56.000If he did see him, it was like the very end and he had no information as to drug use at that point because all he saw in front of him is a body.
00:28:02.000And so he had testified that this was the leading cause of death here, the most likely cause of death was asphyxia.
00:28:08.000And so the media ran, this is the one where the media run with the headline, it was asphyxia that caused this, right?
00:28:13.000Which makes it sound as though Chauvin chokeholded him to death.
00:28:17.000As the defense points out, asphyxia does not necessarily mean that you died of air being lost because somebody is physically manipulating your body.
00:28:26.000Asphyxia is a quite predictable result of drug overdose.
00:28:31.000Hey, so here is the ER physician admitting this on the stand.
00:28:35.000Was your leading theory then for the cause of Mr. Floyd's cardiac arrest oxygen deficiency?
00:28:43.000That was one of the more likely possibilities.
00:28:46.000There are many things that cause hypoxia that would still be considered asphyxiation.
00:29:51.000You have to make up your mind for yourself.
00:29:53.000Originally, the prosecution witness agreed with Nelson, the defense attorney, that what Floyd is saying here is, I ate too many drugs.
00:30:00.000Which... I mean, if you're talking causation and what causes the death, if the person who died is shouting at the police officers, he ate too many drugs, and then he dies of what could be a drug overdose, that's not just reasonable doubt.
00:31:25.000Seriously, what is a more likely scenario here?
00:31:27.000That George Floyd died because there was an officer who's 140 pounds, putting his knee on the back of his neck, even though that's not been shown, right?
00:31:34.000For a lot of this, you have the witnesses testifying it's on a shoulder blade.
00:31:43.000I mean, the original medical examiner, the medical autopsy, originally suggested that if Floyd had been found dead in his house, they immediately would have declared it a drug overdose.
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00:33:04.000Alright, we'll get to more of the collapsing prosecution here, because we haven't even gotten started yet.
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00:33:22.000More and more, the left wants to wreck those values.
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00:34:00.000Okay, the other part of the prosecution case is the felony assault case, right?
00:34:10.000This is the second-degree murder charge.
00:34:11.000So the idea here is not that Chauvin intended to kill Floyd.
00:34:16.000The idea here is that he intended to commit a felony assault against Floyd, and then Floyd died in the process.
00:34:21.000In order to say that, You have to say that it was not only unreasonable, it was insanely unreasonable for Derek Chauvin to apply the kind of force he was applying, because the Minneapolis Police Department explicitly allows the kinds of hold that Chauvin was using here.
00:34:34.000So you would have to say that Chauvin ignored all of the evidence of what was going on that was in front of him, that Chauvin deliberately wanted to inflict pain on George Floyd, that he was ignoring all of the George Floyd's pleas for help, despite the fact that he should have believed George Floyd and that the crowd posed no threat.
00:34:48.000Okay, so, the prosecution, to back that idea, called the Minneapolis Police Department Use of Force trainer, a guy named Johnny Mersel.
00:34:57.000And in his testimony, he said, yes, this is unapproved use of force.
00:35:00.000He talked about the continuum of the use of force.
00:35:02.000He basically said that when the suspect is non-actively resisting, that you're not supposed to use this procedure.
00:35:07.000He didn't really get into the details of how you decide whether somebody is actively resisting or passively resisting, because at one point Floyd kicked and some of the cops were saying that he seems like he's resisting again.
00:35:16.000In any case, it was on cross that this particular witness for the state completely fell apart.
00:35:21.000Okay, so the MPD use of force trainer, remember there's a prosecution witness, Johnny Mercil, he specifically asked, okay, so, you know, have you ever been in a situation where a suspect claims a medical emergency and you ignore the medical emergency because the suspect is just lying?
00:35:40.000The people who are arrested, turns out they don't like being arrested.
00:35:42.000Many times they will claim that brutality is taking place or that they are experiencing some sort of medical emergency in order to Have you had people say they were having a medical emergency?
00:35:53.000Have you had people say, I can't breathe?
00:36:15.000And do you, were there circumstances during the course of your career as a patrol officer where you didn't believe that that person was having a medical emergency?
00:36:29.000Okay, so their own use of force specialist is saying it's certainly plausible that if somebody's claiming a medical emergency, you don't necessarily take them at their word because a lot of people are just not telling the truth in these particular circumstances.
00:36:40.000In this case, Floyd was telling the truth, but that doesn't change.
00:36:43.000In order, again, intent is an element of the crime.
00:36:45.000You have to prove intent to say that it was felony assault.
00:36:49.000It has to be intent to be felony assault.
00:36:52.000It also turns out that the suppression tactic that was being used here by Chauvin is a lesser use of force than some of the other use of forces that were available.
00:36:59.000For example, there's something called a hobble.
00:37:00.000A hobble is basically you chain somebody's legs together in the back, you chain their hands together in the back, and then you chain them together so they really can't move.
00:37:21.000Mercel also testified that you can have situations where somebody who is high on drugs seems to be stronger than normal, which means that you're afraid that they might buck you off.
00:37:31.000That's particularly true in a case where there's a significant physical imbalance.
00:37:35.000In this particular case, George Floyd is a very large man, very muscular man.
00:37:42.000In any case, here was the, again, police use of force trainer who was called by the prosecution, acknowledging that drugs can make suspects stronger.
00:37:52.000In your experience, have you ever had to use force against somebody who's under the influence of a controlled substance?
00:38:12.000Mercel also testified, this lieutenant, Minneapolis Police Department, he also testified, you can have suspects go unconscious and then resuscitate and be more aggressive than they were before they were unconscious.
00:38:23.000All of this goes to Chauvin's mindset.
00:38:25.000You have to prove intent beyond a reasonable doubt.
00:38:29.000In your experience after a person has been rendered unconscious using a neck restraint, is it possible for them to continue to fight after they come back to consciousness?
00:39:13.000Because Mersel then testified that he had personally used neck restraints until EMS arrived.
00:39:19.000Okay, that he called emergency medical services and that he was still afraid that the person was resisting arrest and so he continued to use neck restraints.
00:39:26.000This is the use of force specialist for MPD.
00:39:27.000They have to show that Chauvin completely ignored the MPD use of force standards because he wanted to commit a felony assault beyond a reasonable doubt.
00:39:35.000I don't know how you get beyond a reasonable doubt with testimony like this from the prosecution witness.
00:39:40.000Sometimes an officer has called for EMS, correct?
00:39:57.000And sometimes you've had to, or was it fair to say that you've had to train officers to use their body weight to continue holding them until EMS arrives?
00:40:08.000As long as needed to control them, yes.
00:40:10.000Okay, so this brings up the question, as long as you need to control.
00:40:14.000So what happened in those final three minutes, right?
00:40:16.000So the prosecution's case now turns to, okay, well, fine.
00:40:21.000In the last three minutes, it's pretty clear that at that point, even if you're worried that Floyd is gonna wake up and that Floyd is gonna be more aggressive, why didn't you start CPR chest compressions?
00:40:30.000Why didn't you start resuscitating him?
00:40:32.000Because there's a sort of three minute gap near the end of the tape before EMS arrives.
00:40:37.000Why weren't you performing chest compressions?
00:40:39.000Because you have a duty of care to people who are in your custody.
00:40:42.000The defense is making the case that the officers were distracted by the crowd, that the officers were having a difficult time performing any sort of medical care on Floyd because the crowd was getting aggressive.
00:40:52.000This is the case that Nelson was making very early on in the case.
00:41:22.000Causing the officers to divert their attention from the care of Mr. Floyd to the threat that was growing in front of them.
00:41:30.000Okay, so the case that the defense is making is that when you have an unruly crowd that is getting aggressive with the cops, this means that it's very difficult for them to just go into full-scale, we gotta do medical rescue mode because they are too busy worried about the fact that they might get charged by the people in the crowd.
00:41:45.000And there's some footage from the crowd that day.
00:41:46.000People are screaming, people are yelling.
00:41:48.000And one of the people I believe, one of the people who I think testified last week actually, has to be physically held back by somebody else in the crowd.
00:41:56.000And in fact, again, the prosecution witness, the use of force expert, the prosecution witness, he said, yeah, you know, unruly crowds are a factor in whether or not you have to restrain a suspect.
00:42:08.000In terms of the continuation of use of force, and we're talking about involvement of onlookers, right?
00:42:28.000But if they're saying, I'd slap the f*** out of you, or you're a p***y, or you're a chump, Would that reasonably tend to rise alarm in a police officer?
00:42:40.000Hey, those are the exact quotes from the people in the crowd.
00:42:43.000He just read the police use of force expert called by the prosecution, the exact quotes from the crowd.
00:42:48.000And the police use of force expert overtly testified that that is a factor in whether you restrain the suspect or not, or whether you can give medical care.
00:43:27.000And so it stands to reason that if the environment around you you would determine to be not safe, you may not start it right away.
00:43:36.000That would be a better, reasonable, yes.
00:43:40.000Okay, so one of the things that happened here is that when the EMS arrived on scene, the first thing that they did was they apparently did not perform CPR on Floyd at the scene.
00:43:49.000They did what they call a load and scoot, right? They got him on the gurney, they put him in the ambulance, and then they started to treat him. So Nelson asked why, right? Why did they do a load and scoot? And McKenzie said, well, one reason that the, was that the patient might need immediate care that could only be provided at a hospital, like an emergency surgery.
00:44:06.000And McKenzie said, there are some times when the crowd is so aggressive that we, the EMS, not even the cops, the EMS cannot provide normal medical care.
00:44:14.000And so if they did a load and scoot in this particular case, Then why would they do that?
00:44:20.000Were the EMS also participating in the murder of George Floyd?
00:44:23.000Why didn't they just treat him on the sidewalk, right?
00:44:26.000Why didn't they turn him over and perform CPR?
00:44:28.000Essentially, the prosecution's own medical specialist says that the reason that they had to do a load and scoot is because the crowd was so aggressive, which completely undercuts the case that Shalvin should have been performing medical...
00:44:39.000Emergency CPR without regard for the crowd when even the EMS, not the cops, the EMS didn't even do this when they got there.
00:44:51.000Okay, this led to the most bizarre situation of the day over the course of the last couple of days.
00:44:57.000And that was the defense asked Nicole McKenzie, that officer, the medical support for MPD, they asked her, Or that excited delirium.
00:45:06.000Excited delirium is a condition, we've talked about it on the show, in which people who are high on drugs start having racing hearts, and then they just crash.
00:45:15.000Okay, we've seen this in a variety of cases across the country.
00:45:18.000Most recently in Rochester, New York, that seems like a case of excited delirium.
00:45:21.000There's a black man who was naked running around the streets in the snow, he was in the middle of a drug-induced craze, and he died in police custody.
00:45:31.000And that seems to be in a case of excited delirium.
00:45:35.000So even fentanyl, even in very small doses, can be fatal?
00:45:37.000delirium questions. Here's Nelson asking about excited delirium to McKenzie and prosecution objects because they don't want to talk about it. So even fentanyl, even in very small doses, can be fatal. Would that be accurate? I'll rephrase the question.
00:45:53.000Is the prosecutors object to questions about fentanyl and fentanyl overdoses and excited delirium? At which point the defense says, fine, we'll call your witness as our witness.
00:46:10.000That's how badly the case is going for the prosecution.
00:46:12.000Prosecution witnesses are now becoming defense witnesses.
00:46:15.000So, what is the conclusion of all of this?
00:46:17.000Can you watch all of that and say that it's completely unreasonable and crazy and beyond the pale for anybody to come up with reasonable doubt here?
00:46:24.000Frankly, I think it's difficult not to come up with reasonable doubt here, given the fact pattern in this particular case.
00:46:28.000It doesn't mean you have to like Chauvin.
00:46:29.000It doesn't mean you have to like what happened or like the tape.
00:46:32.000What it does mean is that in a standard of reasonable doubt, it is very difficult to argue reasonable doubt does not exist.
00:46:36.000And what that means is that the media are liars, and they are lying to you when they say that this is a clear-cut case.
00:46:41.000They are lying to you when they suggest that only American racism could require an acquittal in this particular case.
00:46:48.000They want violence in the streets if they continue to promulgate lies about the The certain outcome of this trial and the nature of the evidence in this case.
00:46:56.000If you keep saying to people that this is a clear-cut case, that only deep, abiding, systemic American racism could result in an acquittal, and you ignore all evidence to the contrary, you are stoking the flames.