Use-Of-Force Expert, State Witness Throws Wrench In Prosecution’s Knee-On-Neck Narrative
During the trial of former Minneapolis Police Officer Derek Chauvin, a witness called by the prosecution told the court that numerous photos shown of the arrest and detainment of George Floyd show Chauvin’s knee and leg on Floyd’s back and between shoulder blades, as opposed to his neck.
Lt. Johnny Mercil, who was in charge of use-of-force training at the time of Floyd’s arrest, confirmed to defense attorney Eric Nelson this week that Chauvin, at least in portions of the arrest shown, was detaining Floyd by using what’s called a “prone hold,” which is permitted.
Attorney Andrew Branca for Law of Self Defense, writing at Legal Insurrection, reported on Nelson’s questioning of Mercil with regard to Chauvin’s knee and leg placement (note: summarized and not exact transcript):
It was at this point that Nelson showed Mercil a series of photographs captured from the body worn camera of Officer Lane, and showing Chauvin’s knee on Floyd from the angle down Floyd’s proned body.
Photo 1: (Nelson: ) Where’s Chauvin’s leg in this image? On Floyd’s neck? Or on his shoulder blades and back. Mercil: Shoulder blades and back.
(Nelson: ) And in photo 2? (Mercil) Same. (Nelson) Photo 3? (Mercil) Same. (Nelson) Photo 4? (Mercil) Same.
“This, of course, fundamentally undercuts the prosecution’s narrative of guilt that it was Chauvin’s knee on Floyd’s neck that killed Floyd,” argued Branca.
The lawyer noted that Mercil also acknowledged that there are “circumstances like those already discussed where [it] would be appropriate to maintain presence of leg across shoulder blades and back in order to ensure control of the suspect” — even for as long as ten minutes.
“In other words, the use of the restraint can be justified not only to compel compliance of the suspect in the first place, but to ensure that the suspect maintains compliance moving forward—especially given the experience and concern that unconscious suspects can revive and be even more violent than they were prior, even if that restraint is being held in place for as long as 10 minutes,” Branca said. “And that’s not just for the safety of the officer, but also for the officer’s partners, for bystanders, and even for the suspect himself.”
Lt. Johnny Mercil, who was in charge of use-of-force training at the time of Floyd’s arrest, confirmed to defense attorney Eric Nelson this week that Chauvin, at least in portions of the arrest shown, was detaining Floyd by using what’s called a “prone hold,” which is permitted.
Attorney Andrew Branca for Law of Self Defense, writing at Legal Insurrection, reported on Nelson’s questioning of Mercil with regard to Chauvin’s knee and leg placement (note: summarized and not exact transcript):
It was at this point that Nelson showed Mercil a series of photographs captured from the body worn camera of Officer Lane, and showing Chauvin’s knee on Floyd from the angle down Floyd’s proned body.
Photo 1: (Nelson: ) Where’s Chauvin’s leg in this image? On Floyd’s neck? Or on his shoulder blades and back. Mercil: Shoulder blades and back.
(Nelson: ) And in photo 2? (Mercil) Same. (Nelson) Photo 3? (Mercil) Same. (Nelson) Photo 4? (Mercil) Same.
“This, of course, fundamentally undercuts the prosecution’s narrative of guilt that it was Chauvin’s knee on Floyd’s neck that killed Floyd,” argued Branca.
The lawyer noted that Mercil also acknowledged that there are “circumstances like those already discussed where [it] would be appropriate to maintain presence of leg across shoulder blades and back in order to ensure control of the suspect” — even for as long as ten minutes.
“In other words, the use of the restraint can be justified not only to compel compliance of the suspect in the first place, but to ensure that the suspect maintains compliance moving forward—especially given the experience and concern that unconscious suspects can revive and be even more violent than they were prior, even if that restraint is being held in place for as long as 10 minutes,” Branca said. “And that’s not just for the safety of the officer, but also for the officer’s partners, for bystanders, and even for the suspect himself.”