Medical examiner back on stand at federal trial of 3 former Minneapolis officers
Tuesday marks the seventh day of the federal civil rights trial of three former Minneapolis police officers charged in George Floyd’s death: J. Alexander Kueng, Thomas Lane and Tou Thao.
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1:30-2:30 p.m.
Proceedings were delayed following the lunch break as the prosecution worked to find a witness to call to the stand. The first afternoon witness the U.S. Attorney’s team planned to call was ill and couldn’t testify. Judge Paul Magnuson later clarified the sick witness does not have COVID.
At about 1:30 p.m., the government announced another afternoon witness, Christopher Douglas, was on the way to the courtroom. The prosecution explained this witness was only testifying in the case against Lane.
Before the jury was brought into the room, Lane’s attorney Earl Gray objected to the witness, arguing the witness was not relevant since Douglas is with Hennepin County Department of Community Corrections and Rehabilitation (DOCCR) and would be testifying about the training Lane received at a job he held before joining the Minneapolis Police Department.
Despite voicing frustration, Judge Magnuson overruled the objection. He informed the jury, after the 18-member panel entered the courtroom, that Douglas’ testimony only applied to the case against Lane.
Lane faces one charge of violating Floyd’s civil rights. According to the criminal complaint, he’s accused of willfully failing to provide medical aid to George Floyd on May 25, 2020.
Douglas started his testimony by explaining he is the lead safety trainer with the Department of Community Corrections and Rehabilitation for Hennepin County. He’s been with DOCCR for five years. Previously, he spent 16 years with the Hennepin County Sheriff’s Office, including as a detention deputy.
The prosecution showed the jury that Lane received a DOCCR acceptance letter in Oct. 2017.
Douglas testified he provided a four-hour refresher course to Lane while he worked for DOCCR. He explained, “in this class we go over physical restraint techniques to aid the officers in the application of mechanical restraints like handcuffs … takedowns, how to control someone on the ground. We go over various techniques in controlling the legs at one point if needed, the arms … getting the person up.“
According to Douglas, he teaches officers in the class to use their words to diffuse situations whenever possible. If physical restraint techniques are needed, he said the restraint level is determined by the resident’s behavior. The main goal, however, is to keep an individual on their feet because “we have a less likelihood of sustaining any injuries and it just makes it easier for transport.”
When asked by the prosecution, Douglas explained the risks of positional asphyxia is integrated into restraint training.
“The moment that an officer would then put their hands on someone, that person’s physical ability to move freely is restricted,” said Douglas. “We could find ourselves in situations where a resident could have a difficult time breathing … the goal in these moments is to restrain and quickly as possible … get the resident into a recovery position so they can successfully breathe.”
He added, “I train every person once handcuffs are applied in the prone position, our goal, the goal should be to roll the person onto their side or into a seated position so they may breathe, expand their lungs and breathe.”
The prosecution also asked about the concept of “in your custody, in your care,” which was raised during previous witness testimony.
“The moment that you put or apply restraints to a resident, you are responsible for their safety,” said Douglas. “If someone’s hands are restrained behind their back, they’re unable to protect themselves.“
He confirmed officers take annual positional asphyxia training and that Lane took the training in 2017 and 2018.
The prosecution asked Douglas to read several slides, which explained the signs of positional asphyxia and actions to avoid it.
The prosecution pointed out officers are trained to move a suspect into a side recovery position or an upright, seated position to avoid restricting a subject’s breathing.
Douglas read one slide, which said, “Monitor for any medical issues, ask the subject if they have used drugs recently, or if they have any cardiac or respiratory issues. This should be happening during restraint also.”
As they paged through the slides, Douglas read each one, including, “The sudden lack of resistance may come as a relief to staff who assume the subject has succumbed to the restraint. However, that relief will turn into dismay if staff find out that the person has stopped responding. It is critical that when a subject all of a sudden becomes quiet and still that staff check for responsiveness and vital signs. The transition from restraint to medical assistance must be quick.”
Douglas testified he trains officers that if someone says they can’t breathe, an officer needs to assess their physical position and “make proper adjustments.”
As the prosecution asked whether a person’s speech indicates they can still breathe, Douglas responded, “I understand that simply speaking does not mean you are taking a full cleansing breath. You don’t need that much to speak.”
Because this witness applied singularly to the case against former officer Lane, Gray was the only defense attorney to cross-examine Douglas.
Gray asked Douglas, “Once he calms down you say, ‘Should we roll him over on his side?’ … That’s what you should do?” The witness responded, “Absolutely.”
He also confirmed officers are trained to ask a subject acting erratically if they’ve been taking drugs.
Gray followed up with another question referencing Lane’s actions on the scene, “If someone is in need of medical services, you call an ambulance, correct?” Douglas responded, “That is correct.”
Douglas confirmed Lane worked as a corrections officer at the juvenile detention center, which he said can be a difficult job.
When Gray asked whether Douglas had seen cases of excited delirium, the witness responded, “I have not seen it in the juvenile center, no.”
On redirect, the prosecution focused on how an officer is trained to act while waiting for an ambulance to arrive.
When asked why it’s not enough to just wait for the ambulance, Douglas testified it’s part of an officer’s duty “to provide that safety and security. … If you are a public safety officer, that’s your goal, that’s your job … to provide public safety and that should include any medical aid if you’re able to render it.”
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9:30 a.m. to noon
Dr. Andrew Baker, the Hennepin County medical examiner who ruled George Floyd’s death a homicide, returned to the stand Tuesday. Baker said that he did not watch the Facebook video of the encounter with the four MPD officers until after he was finished with the autopsy and adds that his office was not swayed by any outside entity.
Baker was asked by Thao’s defense attorney, Robert Paule, if his office received threatening phone calls while the investigation continued into George Floyd’s death. Baker said his office fielded “harassing” phone calls.
When he wrote on Floyd’s death certificate, “cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression,” Baker testified, “… I have not seen that type of restraint to maintain control of someone.”
The medical examiner explained to the jury the “restraint” term used by him in the report was when Floyd was handcuffed on the ground for more than nine minutes after coming out of the back of the police squad.
Baker explained that he watched the Facebook video, video from inside Cup Foods and police body camera videos of the officers involved before issuing the final report. Paule asked if the prone position is dangerous, and Baker replied,”I don’t treat living people or restrain people.”
Paule asked about Floyd’s heart conditions — high blood pressure, including narrowing of blood vessels. Baker said “That would put heart at risk … if stressed.”
Defense attorney Tom Plunkett, who represents Kueng, asked Baker if his client’s knee on Floyd’s waist or lower area of body impacted his ability to breathe. Baker said, “No.” Gray asked if his client’s positioning down by Floyd’s legs had any impact on his ability to breathe. Baker said it was “unrelated to his ability to breathe.”
Prosecutors asked Baker if he’s used excited delirium before in his reports. Baker said he’s used it a handful of times in his 20-plus career. Baker didn’t list it on Floyd’s death certificate.
Judge Magnuson called for a lunch break around noon.
The chief medical examiner who ruled George Floyd’s death a homicide will return to the stand Tuesday at the trial of three former Minneapolis police officers charged with violating Floyd’s civil rights.
Prosecutors say Thomas Lane, J. Alexander Kueng and Tou Thao deprived Floyd of his rights when they failed to give him medical aid as Officer Derek Chauvin knelt on Floyd’s neck.
Kueng and Thao are also accused of failing to intervene.
Defense attorneys are trying to make the case that the officers’ training was inadequate and that the police department has a culture that teaches new officers to not question their superiors.
They have said that Chauvin, the most senior officer on the scene, took charge the day Floyd was killed.
KSTP’s complete George Floyd coverage
This is a developing story. 5 EYEWITNESS NEWS will continue to update it throughout the day as the trial proceeds.
The Associated Press contributed to this report.