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Michael Schearer

13 Apr, 34 tweets, 11 min read

Barry Brodd, a use of force expert, is now testifying for the defense. Of note is that he was previously retained by the City Attorney's Office in Minneapolis. #DerekChauvinTrial

Brodd is testifying that Derek Chauvin's conduct was objectively reasonable. His testimony is meant to directly contradict the state's experts, and ultimately, raise reasonable doubt as to guilt. #DerekChauvinTrial

Brodd has consulted on many civil and criminal cases involving the use of force (including the trial of Jason Van Dyke in Chicago). His testimony thus far comes across as knowledgeable and confident. The state will want to undermine his analysis. #DerekChauvinTrial

Brodd's analysis of objective reasonableness is based on a three prong test involving the justification for the original detention, the resistance of the suspect, and the response by the officer. #DerekChauvinTrial

According to Brodd, a suspect under the influence of drugs complicates the detention scenario because it makes the suspect unpredictable. #DerekChauvinTrial

The analysis of objective reasonableness also takes into account the officer's situational awareness--that is, an observation of what is going on around the officer at the time of the detention. #DerekChauvinTrial

According to Brodd, the officers (including Chauvin) were justified in using force to attempt to move George Floyd into the back seat of the patrol car. #DerekChauvinTrial

Brodd testified that the officers taking George Floyd to the ground was an objectively reasonable use of force to diminish the mobility of the suspect and protect the safety of the officers. #DerekChauvinTrial

Brodd is now testifying that once George Floyd was on the ground, continuing to hold him on the ground through the prone restraint was no longer a use of force. #DerekChauvinTrial

Brodd cited the proximity to the patrol vehicle, vehicle traffic on the street, and the distraction of the officers by the crowd around the scene justified officers keeping George Floyd in the prone restraint. #DerekChauvinTrial

The defense just completed their questioning of Brodd. The pending cross examination of Brodd by the state may be among the most important phases of the trial because his testimony directly contradicted the state's experts. #DerekChauvinTrial

The state is crossing Brodd by questioning his analysis of the prone restraint and how likely it was that Derek's Chauvin's weight caused pain to George Floyd. #DerekChauvinTrial

Brodd conceded that in one image that showed Derek Chauvin's knee on George Floyd's neck, it could have caused pain and thus would have constituted a use of force. #DerekChauvinTrial

Prosecutor Steven Schleicher and use of force expert Barry Brodd are going back and forth on whether prone restraint causes positional asphyxia and what circumstances could contribute to it. #DerekChauvinTrial

Schleicher is trying to press home the point that placing a suspect in the side recovery position was an easy and quick maneuver that could have reduced the likelihood of positional asphyxia. #DerekChauvinTrial

Brodd also concedes that a restraint by itself is a use of force under the Minneapolis PD rules, even though Brodd testified that it was not under his analysis. #DerekChauvinTrial

Schleicher's questioning of Brodd is now attempting to draw a distinction between risks, which do not justify a use of force, and threats, which do. #DerekChauvinTrial

Schleicher is trying show that the reaction of a third party does not justify the use of force against a suspect. The obvious parallel here is that the reaction of the crowd does not justify what Derek Chauvin did to George Floyd. #DerekChauvinTrial

Schleicher's questioning of Brodd is now focused on the extent to which an officer must render aid to a suspect who is under detention or control by the officer and showing signs of distress. #DerekChauvinTrial

This battle between Schleicher and Brodd may very well be the defining cross examination of the case. Whether the jury believes Brodd or not is likely to be the difference between guilty or not guilty (or a lesser charge). #DerekChauvinTrial

Regardless of what side ones comes down on, I think it's fair to say that Barry Brodd is a polished and confident witness who is almost certainly going to be the defense's best chance for acquittal. #DerekChauvinTrial

Despite his confidence, Brodd has been willing to concede points when the evidence does not support his conclusions--unlike the state's experts, who insisted on solitary causation. #DerekChauvinTrial

Of course, none of Brodd's expert testimony means that Derek Chauvin will be acquitted. The jury may come to the conclusion that Brodd's testimony is not believable. It's just an observation from the ongoing drama of the trial. #DerekChauvinTrial

This cross examination of Brodd really is a microcosm of the entire case. We all saw what happened. None of that is in dispute. The only dispute, central to this testimony, is about the use of force and if it substantially contributed George Floyd's death. #DerekChauvinTrial

In judging the reasonableness of the use of force, the state wants the jury to believe that drug intoxication can raise the risk of positional asphyxia, but the state's own witnesses refused to acknowledge that it contributed to George Floyd's death. #DerekChauvinTrial

The central issue of Brodd's testimony is whether his concessions to the state were cosmetic or fatal. Lawyers and legal experts may disagree but (and it should go without saying) only what the jury believes is what matters. #DerekChauvinTrial

In cross examining Barry Brodd, Steven Schleicher's ability to play the videos multiple times with George Floyd's yelling that he can't breath has far more emotional value than any evidentiary issues at stake. #DerekChauvinTrial

The clips played over and over again just hammer the issue home to the jury in an emotional plea. It weaponizes the cross examination of the defense's star witness into a powerful statement for the state. #DerekChauvinTrial

Given the totality of the cross examination so far, it seems to me that Brodd has conceded too much. And calling George Floyd on the ground as "resting comfortably" is absolutely absurd. #DerekChauvinTrial

Barry Brodd: George Floyd on the ground was "resting comfortably." Well, that may well be the end of the defense's case. #DerekChauvinTrial

Brodd's expert testimony was reasonable from the beginning of the encounter until some time after the beginning of the prone restraint. But at some point his testimony breaks down and provides zero defense to Derek's Chauvin's continued actions. #DerekChauvinTrial