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tv   CNN Newsroom With Brooke Baldwin  CNN  April 12, 2021 11:00am-12:00pm PDT

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you are watching cnn on this monday afternoon. i'm brooke baldwin. thank you for being with with me. we've got a lot of breaking stories to get through. breaking news yet another unarmed black man killed by polls in the minneapolis area. this happened alm of ten miles from where derek chauv isn't on trial and in the very same county where the nation watched george floyd take his last breaths. 20-year-old daunte wright was shot and killed sunday during a traffic stop in the minneapolis suburb of brooklyn center. police say after wright was pulled over officers discovered that he had an outstanding
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warrant or warrants and that they tried to then arrest hem. that is when a scuffle ensued. and the police chief has just said the officer accidentally fired her gun instead of her tazer. the police chief did release the full bodycam video. we're playing part of it for you. it's very difficult to watch. so just a warning. it's disturbing. but important for transparency in this case. >> ste p out.
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>> i shot him. >> during this encounter, however, the officer drew their handgun instead of their tazer. we drain with the honged on the dominant sides and taste tazer. if you're right handed you carry the hong on thehand z and tazer on et lester. as i watched the video and listened to the commands it's my belief the officer had intention
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to deploy the tazer but instead shot mr. wright with a single bullet. this appears for me for in the officers reaction in distress after this was an accidental discharge that result fld let tragic death of mr. wright. i asked the bca to conduct of an investigation into the shooting and death. once completed i expect any will submit findings independent of me to the appropriate authorities, attorneys that will look and review this case. >> the and the update now is that police officer is currently on administrative leave. cnn adrian broadas live with me. it's difficult to look at bodycam video. i heard your voice in the presley conference, asking the police chief, you know, a number of questions. and it was your question that got him emotional, just speaking about the nature of his job and
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trying to protect his community. what did he say to you? >> you know, brooke, he said his job -- his role is to keep the community safe. and right now people who live in his community don't feel safe. you know, you could feel the pressure and the intensity in that room when the chief played that body camera footage. there were community activists inside of the room where the media was getting the update. and at the moment the officer spoke the word three times, tazer, tazer, tazer and used colorful language to say in a nutshell, oh, no, i shot him. there were audible gasps inside the room. a close friend of fellened an kass teal. you may remember he was shot and killed in a traffic stop not here but in another suburb of the twin cities. and his friend inside just began
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to cry. he wept. he couldn't watch, turned away from the camera. and members of the community who were in the room became upset with the chief after we learned what led to the initial traffic stop. the chief told us daunte wright was pulled over for conspired tabs. everybody knows we're in the middle of a pandemic. and here in minnesota the rules have somewhat been relaxed because during the pandemic everything was closed. people were not able to get to the dmv to get their tabs. so there were a lot of questions about that. and members of the community are calling for a change. they are calling for swift change. they want the officer who deployed that gun fired. they want the chief to resign. i asked the chief if he would resign. he said no. he has no intentions of resigning. i asked the chief more about the officer. i wanted to know how long has she been on the force?
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what was her state of mind? and all he would tell me, brooke, is that she was a senior officer. >> keep asking all the tough questions, because the answers are important, not just for this community and not just for mr. wright's family but for this entire country. you know, in the midst of this derek chauvin trial now grappling with the deg. adrian, i'm letting you go now when you get more information we'll put you in front of the camera. i want to talk about this elly hoenig and charles ramsey. former philadelphia police commissioner, former d.c. metropolitan police chief. and chief ramsey, just starting with you, you know, listening to the brooklyn center police chief saying the officer drew her handgun instead of her tazer and it appears it was an accidental discharge. i'm sorry. how the hell does that happen.
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>> well, apparently it did. i mean, it's incredibly unfortunate. the reason you carry the tazer on the opposite side of your handgun is to avoid that kind of thing from happening. if you recall the b.a.r.t. shooting in 2009 with process grant. the officer had both the handgun and tazer on the same side and reached for the gun thinking he was reaching for the tazer. at least that's what he claims. clear will you when you watch the tame and listen to it there was no justification for the use of deadly force. this is unquestionably a tragedy shouldn't have happened. and we'll see how it unfolds. but it just shouldn't have happened. >> chief with, you hear her yelling tazer, tazer, tazer. >> right. >> have you ever heard of someone other thanway you pointed out, the b.a.r.t. shooting a number of years ago? how rare is this. >> it's very rare. the shouting tazer, tazer, tazer
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is part of the training. that alerts other officers you're about to deploy your tazer and to stand back. that's why they say tazer, tazer, tazer. it's an indication that she thought that's what she was doing. the consequences are the same. she killed somebody. that's something that has to be dealt with, no question about it. there was no justification for the use of deadly force in this particular case. >> chief i'm coming back to you in a second. but elly in terms of next steps. you heard adrian trying to ask the question, state of mind, how many years on the force. who is she? the chief said she was a senior officer. what happens -- she is on administrative leave. what happens to her next, legally speaking. >> adrian asked the exact right question. first of all that press conference, the good thing we saw was the police showed the video camera footage very promptly within 24 hours. therapeuticcy is important in
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the situation. >> yes. >> the rest of the press conference was a debacle to stand up there and say i'm not discussing the details. this officer is entitled to due process. that makes no sense. you say i refuse to discuss the details but give you the ultimate bottom line based on the little i have. there is a contradiction there. there needs to be investigation internally, administratively and criminal investigators need to take a look at. . the bci in minneapolis. even if it was an accidental discharge -- it may have been. we don't know as commissioner ram yes there are still facts need to be gathered. it can be manslaughter if someone acts negligently, carelessly. we know because that's count three against derek chauvin. negligent manslaughter. there needs to be administrative review and criminal review. >> chief, you saw the crowds of protesters in the wake of the shooting last night into the wee hours of the morning and when they this appear to be
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accidental that another black man in this country lott his life. if you are the brooklyn center police chief, what are you doing? what are you telling officers? well, you gear up and bring in some added support, because there will be additional protests tonight. but not everything you saw was a protest. there was looting took place. i want to be clear looting is not protesting. there are people there legitimately concern and rightfully so exercising first amendment. but breaking into stores is not part of that. so the they have to gear up and be ready to allow people to peacefully protest, no question about that. but famt guard against any vandalism or looting. so he is in a tough position, no question about it. in terms of the, you know, saying it's accidental, i stay away from those terms. i would use unintentional. >> what's the difference? what's the difference. >> well, i mean, listen with your proper training and so forth -- it's negligent is what it is. but intentional means i didn't
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mean to actually shoot the individual. i mean, maybe it's just a play on words. but i just say an unintentional discharge more a negligent discharge is really a more accurate description as opposed to accidental. accidental is making people a little more upset. i mean, the man is dead. you know, it's not a term that, you know -- that you use. but i do think the chief did the right thing getting that body-worn camera footage out as quickly as he did. bad news does not improve with age. get it out because it is what it is. but at the same time they've got to really -- they should have had a plan before walking into the press conference. what they were going to address, how long they were going to stay. and so forth. because it really was not good press conference if you recall all of it. >> i want to play this clip. this is what adrian alluded to. she was asking the question which really got this police chief emotional. everyone watch this.
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>> i'm the leader of this department. they expect me to lead. create a safe city. that's what i'm trying to do. so that's -- that's it. and, yeah, i'm emotional. >> he is being honest. >> i'm trying to be honest. >> that's adrian, just trying to be honest. >> and the one hand you appreciate the emotion and what's happened with one of his senior officers. on the other hand you have a life lost. and a number of folks are saying, great, you're crying, we've all been crying. wove been crying for years. chief, what do you say to that? >> well, i mean, again he is in a tough situation when it comes to that -- this particular case. there is nothing good about it. and so, you know, he is doing the best he can to try to deal with it. as far as people calming for his resignation and so forth, he shouldn't resign.
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he serves at the pleasure of the mayor or city manager. if they want him to resign they'll deal with this. but at this point in time him resigning is not changing anything. it's a tough situation to be in. i have been in those situations before myself. and believe me, it's tough. i mean, you know, you -- you hate to see these things happen. you understand people are upset rightfully so. a man is dead. you can't bring him back. i mean there have to be consequences to this, no matter what. >> commissioner stand by. earley, a bunch of questions for you on the derek chauvin as they are still in lunch recess. but before we get there i have to tell you about a traffic stop in georgia ended with one suspect dead appear three officers injured following a police chase that stretched across multiple jurisdictions, a second suspect is in custody. but georgia state patrol says this whole thing started early this morning when a trooper clocked a driver driving more than 100 miles an hour, led to a
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chase and at one point officials say the car's passenger pulled out a rifle and shot at the trooper's car. the two suspects kept driving and fired at more officers who then were only chasing faster. one officer was hit. and then ultimately struck a utility pole and then the suspects fired on even more plovrz hit officer twice. all three officers taken to the hospital and an investigation is underway there in georgia. as i ayou had lewded to a second ago, moments away, testimony will resume in the murder trial of the former minneapolis police officer derek chauvin. we'll bring that to you live and the analysis between the commissioner and elie. also ahead, president biden is to host a bipartisan group of lawmakers in his push to pass the smaevs infrastructure package. we have new details on that this afternoon. you're watching cnn. i'm brooke baldwin. we'll be right back. in conventional thinking.
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explanation why they are not granting immunity. even the supersays case cited by the defense notes- the grant of immunity is strictly an executive branch function. not subject to judicial review. regardless of what the state's reason was for refusing to give immunity to mr. hall it's not reviewable by this court. so the request that the state provide a reason for not
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granting use immunity is denied. with regard to the statement given by mr. hall -- and this assumes he is not answering any questions even if i order him to do so -- i'm going to find that none of the statements in the question and answer statement are admissible. first of all, in johnson versus fabian that noted the basic standard for a fifth amendment claim and how broad it is. it tends to be broader than 8043 b under the fifth amendment answers that would in themselves support a conviction, or that would furnish a link in the chain of evidence needed to prosecute the claimant are incriminating for purposes of the privilege. and in fact, in discussing that, that was from johnson versus fabian -- which is 735 northwest
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2nd 295. which is cited by the state they also note that the privilege allows an individual to refuse to answer official questions put to him in any other proceeding civil or criminal, formal or informal where the answers might incriminate him in future criminal proceedings. that standard is obviously fairly broad. and so if it might incriminate the defendant or provide a link to other evidence that might incriminate, the invocation of the fifth privilege is appropriate. in contrast 8043 b states in part, pertinent part states, a statement which was at the time of its making so far tended to subject the declarant to civil or criminal liability that a reasonable person in the declarant's position would not have made the statement unless believing it to be true.
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in other words, if somebody goes in the police department and confesses to a murder generally people don't do that because -- unless it's true, because it's so clearly tends to subject the declarant to criminal liability. and that is judged from the time of the statement's making. and the statements contained in the questionen answer statement are not the type that would clearly be so far contrary to the declarant's penal interest or subject that person to criminal liability that they would not make it unless true. most importantly for example, mr. hill totally denies providing controlled substances to george floyd. he talks about how he was appearing tired and all that. but the entire statement seems to be mr. hall describing what does not incriminate him. he is willing to do that but when it comes to anything he
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might have done he denies engaging in any activity like dealing. there are some sporadic rernss to dealing on the street but nothing specific as to time, date, location, persons involved, that the person would be subjecting themselves clearly to criminal liability. accordingly it does not fall under 8043 b under 807, a statement not specifically covered by rule 803 or 804 may be admitted but must have equivalent circumstantial guarantees of truthworthiness. i see nothing internally within the question and answer statement that mr. hall's statements had any guarantees of trustworthiness. and accordingly not admissible under the rule for that reason. the defers does have at right to a complete defense. but since there are witnesses who are testify as to what and have testified as to what mr. floyd looked like at the time, i
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don't think that the rules of evidence must give way completely to any claim of the seven instances necessary for complete defense. i find it's not. and accordingly it is not admissible. any questions about that ruling from the state or from the defense? >> no, your honor. >> all right. we have other housekeeping things. but we'll handle those after the jury unless you wanted to take care of some of those now. we can do that after. because we're going to be done before 4:00. is that correct? >> i think so. >> why don't we deal with the housekeeping things on that afterwards. we'll be in recess until the jury is ready. maybe get them out in five minutes. will your witnesses be available. >> elly hoenig, this is the judge, the derek chauvin trial. the judge addressing maurice hall, the gentleman in the car with floyd when all this happened. what are they trying it to
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figure out with him. >> bottom line mr. halling with the passenger in the car will not be testifying at this trial. the defers wanted to call mr. hall presumably because they wanted him to testify about what he saw george floyd doing or how he saw him acting shortly before the police arrived. what happened was mr. hall invoked his fifth amendment right against self-discrimination. as the judge said it's a broad writhe right doesn't have to be admitting to a crime it can be anything placing you near a crime or in the link. the defense challenged that and said well judge we can question him around though those issues. and the judge said no it doesn't work. there is too many things in the testimony that could incriminate him. he invoked the fifth amendment right. the judge upheld the fifth amendment right. maurice hall will not be testifying at this trial. >> okay. let me continue on asking you all questions as we wait -- we should be out of recess and the trial resume in a matter of minutes. elie we were talking about the shooting in brooklyn center. and i know this this morning the judge denied the defenses motion
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to sequester the jury because of that, because of all the protesters and everything swirling, literally mere miles from in courthouse and this derek chauvin trial. what did you make of the judge's decision? >> i think he did the right thing, brooke. sequesters a jury, meaning you don't let them go home at night. they stay at a hotel under guard that's a dramatic thing to do. it's a stressful thing to do to a jury. second of all, the judge said, look, we have to rely on the process here. we already put all of these jurors through an extensive question and answer process. we remember jury selection took three weeks. all told us that they'll judge this case based only on the evidence in the courtroom, not on anything else. if issues a arise, if a zwrir finds he or she has a problem now we can deal with it. but i think the judge did the right thing to keep the jury on track to keep this trial on track. >> okay. i have a number of other questions for the two of you but while in break we will take a break on cnn. we'll be right back.
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>> we are about to hear from felous floyd, george floyd's brother. this is the person we have seen on television a number of times testifying in front of congress. and here he is preparing to sit in that witness stand and speak about his own brother's death last may. let' s listen. >> step forward. the testimony you're about to give will be the truth and nothing but the truth?
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>> yes. >> and sir if you would feel comfortable doing so if you would remove your mask, that would be great. and we're going to test out the microphone. first have you state your full name, spelling each your names np felonunis employed pmt hilin. ise, o'neill. oneil opinion floyd. floyd. >> thank you very much, urn. >> good afternoon. >> good afternoon. >> sir, you're here to testify about your brother, george floyd. that is right? >> yes, sir. >> and before you tell the jury about your brother, i'd like to you introduce yourself to the jury a little bit, so they know something about you. how old are you. >> 39. >> jas george your older or younger brother. >> he was my oldest brother. >> okay. are you married?
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>> yes, sir. >> and do you have children. >> yes, sir. >> how many children do you have? >> two. >> and sir, what state do you live in? >> houston, texas. >> i'd like you to tell the jury a little bit about your brother, george floyd. first can you tell the jury where and when he was born. >> he was born in fayetteville, north carolina. but he left at a young age. he went -- moved, like, to houston, texas. and i have two other sisters that are older than us. there's gag floyd. la tanya floyd. then came george floyd. and i'm next phelonis floyd. and my brother. >> was he born october 14th,
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1973? >> yes, sir. >> and you say the family left fayetteville shortly after he was born. is that right? >> yes, sir. >> you grew up in houston together? >> we all grew up in houston. >> who are george's parents. >> la sienna jones floyd and his father was george perry floyd, senior. >> and did lasenia is that your mother. >> that's my mother but they called her miss sisy. >> yes, sir. >> who called her miss sisy. >> everybody called her miss sisy. we just called her mom. but everybody around the neighborhood called her miss sisy. anybody that knew her called her that. and that was -- they have to be like 50 years of age. but everybody younger than that called her mom. george's age. because she was a mom to so many people in the community. >> what community was that? >> that was in third ward. and i grew.
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the housing authority projects. it was low-income, poverty. so we stayed with each other all the time. me and george, we grew up together playing video games a lot. his favorite game was nintendo -- we played double dribble and tikmobo. and i finally beat him in a game. and i was just so happy just thinking about that. and he reset the game and would say dom come on let's play again. >> i'm like no, i got to do my chores now. let me do my chores. but george also, he used to make the best banana mayan az sandwiches and make syrup sandwiches. because george couldn't cook, couldn't boil water. so -- and also if you all were there in the house, you'll see george had lines on the wall
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because he would always measure with his height trying to see how tall he is because he wanted to be taller all the time, because he loved sports. so he always wanted to be the best. and. >> sir i'm going to interrupt you for a moment. i appreciate you sharing that with us. i'd like to show the witness what's been marked for identification as exhibit 284. do you recognize the picture in 284? >> yes, sir. >> is that a picture of your mother and george when he was younger? >> yes, sir. >> i'm going to offer exhibit 284. >> no objection. >> 284 is received. >> permission to publish. sir, would you please describe this photo and what you know about it. >> that's my mother. she is no longer with us right now. but that's my oldest brother
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george. i miss both of them. they are -- i was married on may 24th i got married. and my brother was killed may 25th. and my mom died on may 30th. so it's like a bittersweet one, because i was supposed to be happen when that month comes. >> sir, i'm going to ask you some questions about your mom's passing a little bit. if you need a moment, take a minute. and just let me know when you're ready. >> okay. >> going back to growing up in the cuney homes. can you please tell the jury what role george floyd had as the older brother in that household.
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>> he was so much of a leader to us in the household. he would always make sure that we had our clothes for school. he made sure that we all were going to be to school on time. and like i told you, george couldn't cook. but he will make sure you have a snack or something to get in the morning. but he -- he was one of those people in the community that when they had church outside, people would attend church just because he was there. nobody would go out there until they seen him. and he just was like a person that everybody loved around the community. he -- he just knew how to make people feel better. >> and, sir, you indicated -- well, first you are aware of where george floyd went to school? >> um-hum. he went to school at black shire
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elementary and ryan middle school and from ryan jack dave high school where he excelled in sports and basketball and football. he was -- he had received a scholarship to attend south florida college. and from there he played basketball there. and he transferred to texas a&m kingsville where he played football. >> i'd like to show the witness exhibit 285 for identification. sir, you recognize what's shown in exhibit 285? >> yes, sir. >> is that a picture of your brother when he was at the jack yates high school in houston. >> yes, sir. >> offer exhibit 285. >> no objection zblnchts 285 is received. >> and permission to publish. approximately how old would george floyd have been when the picture was taken. >> looks like 18 or 17 at that
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time. >> you talked about basketball and playing basketball. if i can show kexhibit 28 7 to the witness. 87. 287. all right showing you what's been marked for identification as exhibit 287. do you recognize this photo? >> yes, sir. >> is there a picture of your brother in this photo. >> he is number 5, south florida, all the way on the left-hand corner. >> all right i'm going to offer exhibit 287. >> any objection. >> no, your honor. >> 287 is received. >> and permission to publish. all right you indicated your brother was number 5. is that on the far left? >> yes, sir. >> and south florida h.r., was that a community college. >> south florida was a community college. i know there is a whole bunch of the ball players because i met a lot of them coming up. >> did george floyd maintain his
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level of fitness and love of basketball throughout his life? >> yes, sir. he loved to work out. he loved playing basketball. people -- he loved teaching people the game of basketball. that's to me where i really learned how to play from him, because he guided a lot of guys on the court and showed them what they need to do to be better. >> when he would talk about playing basketball, would he use any particular term or phrase? >> oh, he said, hey man let's goo are go hoopenin'. >> and we would always say let's go. we always went hoopin'. you have to hoop every day, because if you don't go and shoot a whole bunch of shots like 50 to 100 shots a day, my brother would always say you would never be able to compete. hoopin' was big. we watched michael, magic,
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everybody who every day. >> and if you could take that down. you indicated that george floyd was also interested in football, had a passion for football. is that right? >> yes, sir. >> would he play catch with you. >> he would play catch with us. it's funny how i always thought that my brother couldn't throw. but he never intended to throw the ball to me. he always through it at an angle where i have to clays or dive for it. i said, man i see why you play tight end and stuff because you can't throw at all. he was like i don't want to throw the ball to you because if i throw it to you you never understand you have to get the ball. he said the ball should never come. you should always tell yourself i'm getting the football because you have to attack the ball. that's what he told me. >> sir, was your brother a father? >> yes, sir. >> i'm showing you what's been marked for identification as exhibit 290.
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just to the witness. do you recognize what's shone in exhibit 290? >> yes, sir. >> is that a picture of your brother with his daughter? >> yes, sir. >> offer exhibit 290. >> in any objection. >> no, your honor. >> exhibit 290 received. >> and perms to publish. and what's his daughter's name. >> gia. in na. >> how old is she now. >> seven. >> sir, could you please for the juries describe george floyd's relationship with his mother. >> oh, it was -- it was one of a kind. george -- he would always be up on our mom. he was a big mama's boy. i cry a lot. but, george, he loved his mom. he would always be on her. every mother loves all her kids.
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but it was so unique how they were with each other. he would lay on her in the fetus like he was still in the womb. i would see him every day. and i'd say, perry -- we called him perry instead ever george. he would always say let me kiss mama before i come over there. and being around him, he showed us, like, how to treat our mom, and how to respect our mom. he just -- he loved her so dearly. and when george -- he had found out that my mom was passing because she had to stay with us for hospice. and he was talking to her over the phone. but she perished before he even came down there. so that right there, it hurt him
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a lot. and when we went to the funeral, it's just -- george just sat there at the casket over and over again, he would just say mama, mama, over and over again. and i didn't know what to tell him, because i was in pain too. we all were hurting. and he was just kissing her, and just kissing her. he didn't want to leave the casket. everybody was like, come on, come on it's going to be okay. but it was just difficult, because no -- i don't know who can take that when you watch your mother -- somebody who loved and cherished you and in our i should you your entire life, anne then they have to leave you, we all have to go through it. but it's difficult. and george, he was just in pain that entire time. >> sir you indicated your mother
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passed may 30, 2018. is that right. >> yes, sir. >> and you described seeing your brother george at the funeral. is that right? >> yes, sir. >> and was -- it was around the time your mother's passing the last time you saw your brother george floyd in person alive? >> yes, sir. >> did you maintain contact with him on the phone through texts and whatnot after that? >> yeah, we text. we called each other. he would call and i would call him. but we would talk a lot of times early in the morning because i was a truck driver. so he would always be up talking to me and giving pinpointers how to back up, how to do the shifting gears, different things like that. and i had great teachers. so i would also just explain to him what he needed to do.
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and that level to get to that next tier, that's what he was doing. just listen and he became a student and i always had to ask him for advice because he was my big brother. >> now, sir -- and this is a yes or no question. were you informed that your brother george floyd had died on may 26th, 2020? >> yes, sir. >> thank you very much. i have no further questions, urn. >> any questions? >> no, your honor i have no questions for this witness. >> thank you, sir. >> thank you. >> thank you for being here.
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>> let me make sure he is here, your honor. >> is he here. >> yes. >> okay. thank you. the your honor, the state calls seth stogan. >> do you swear or firm the you're about to give will be the truth and nothing but the truth. >> i do. >> have a seat please. >> and if you could remove your mask if you are comfortable
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doing so. >> yes, your honor. >> and speaking in the micron feen. state your full name spelling each name reply name self seth wayne stoughton. s-e-t-hpwanepstoughton. >> your witness. >> thank you, ur. >> how are you employed i'm associate professor at the university of south carolina school of law, and affiliate proves they are the department of criminal nolg and criminal justice. >> how long have you been a law professor. >> i've been there for seven years now, almost seven years. and two years prior to that in a teaching fellowship preparing to be a law professor. >> and do you teach academic courses at the south carolina law school? >> i do. >> what courses do you teach. >> i teach criminal law. and police law and policy. >> do you also conduct any
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scholarly research? >> i do. >> yes. >> what scholarly research do you conduct. >> i study the regulation of policing in multiple aspects of the regulation of policing. >> and i'd like you to please describe your educational background for the jury so they can understand how you come be to be a law professor at the university of south carolina. first, where did you receive your undergraduate education? >> florida state university in tallahassee. >> and what was your degree. >> english with a focus in literature. >> and before we get into your law career, did you take -- have you always been in academicia. >> i have not. >> what was your prior career before becoming involved in academia. >> i interrupted my job in education to take a job with the tallahassee police department and later as a an converting with the florida department of education office of inspector general.
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>> i'd like you to describe to the jury your experience as an officer with the tallahassee police department, first what year did you join the department? >> i applied to the department in 2000 and was employed in early 2001. >> can you describe for the jury the training process that you went through to become a police officer in the state of florida? >> sure. so florida has a academy requirement. i went to a regional police academy, which means not an academy run by my particular agency but instead an academy that trains officers from a number of agencies in north florida. after finishing the approximately five, five and a half months or so of academy training. i went through additional preservice training at my
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