Federal Criminal Trial for Killing of George Floyd: Prosecution Witnesses (Part III)

A prior post discussed the testimony of the first 11 prosecution witnesses: Kimberly Meline, Charles McMillian, Jena Scurry, Christopher Martin, Derek Smith, Genevieve Hansen, Jeremy Norton, Katie Blackwell, Dr. Bradford Wankhede Langenfeld, Andrew Baker and Christopher Douglas.[1]

Another post discussed the testimony of the next eight prosecution witnesses: Dr. David M. Systrom, Jr., Nicole Mackenzie, Vik Bebarta, McKenzie Anderson, Richard Zimmerman, Kelly McCarthy, Alyssa Funari and Matthew Vogel. [2]

This post provides resources that discuss the February 14th testimony of the prosecution’s final witnesses: Timothy Longo, Jr. and Darnella Fraser. [3]

 Timothy Longo, Jr.

A veteran of the Baltimore Police Department and Associate Vice President for Safety and Security at the University of Virginia, Longo testified that the three ex-MPD officers failed in their duty to care for George Floyd and that their restraining him on the ground was “inconsistent with generally accepted police practices.” More specifically, he faulted their “decision to put Floyd stomach-down on the ground, their failure to sit or stand him up and their failure to provide medical aid when he stopped breathing and showed no pulse.” Their duty “to care for . . . restrained subject[s] is ‘absolute’ because they’re no longer able to take care of themselves.”

Moreover, when one officer is using illegal force, other officers at the scene have a duty to “do something to stop the [illegal] behavior” and that duty is not dependent on rank or experience. “It’s a responsibility of everyone that’s there to do something.” In short, an officer has a duty to take “affirmative steps to stop another officer from using excessive force. “The term ‘intervene’ is a verb, it’s an action word. It requires an act . And what you do is, stop the behavior.”

Moreover, according to Longo, the appropriate legal force that may be used on a suspect is only enough to accomplish the objective in light of the seriousness of the alleged crime, whether the subject was a threat, environmental conditions and the presence of others at the scene.

Longo also testified that his review of the relevant evidence did not find any indication that Floyd posed a threat to anyone and that he simply did not want to get into a squad car because he was scared and having trouble breathing.

In short, in Longo’s opinion, Chauvin’s actions were “wholly contrary” to generally accepted police use of force policies.

On cross examination, Longo admitted he has close ties to the U.S. Department of Justice and Hennepin County prosecutors by testifying for the prosecution in the criminal case against former Minneapolis policeman Mohammed Noor. Yet he testified for two Baltimore police officers in the 2015 death of Freddie Gray in the back of a police van even though Gray was handcuffed with his legs tied.

Darnella Fraser[4]

Fraser, then age 16, was at the scene of George Floyd’s detention by the four MPD police officers and took the now infamous six-plus minute video of that restraint. Moments after she took the stand, she began crying and said, “I can’t do it. I’m sorry.” Then after the Judge took a short break, she resumed her testimony. She testified that she saw Floyd on the ground with Chauvin’s knee on his neck. He looked very uncomfortable and kept saying, “I can’t breathe.” At the same time, Thao looked like he was protecting and patrolling the area. I didn’t see George Floyd resist at all. The only thing I saw him do was really try to find comfort in his situation—try to breathe and get more oxygen.”

“I knew Floyd needed medical care when he became unresponsive. Over time, he kind of just became weaker and eventually stopped making sounds overall.”

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[1] Federal Criminal Trial for Killing of George Floyd: Prosecution Witnesses (Part I), dwkcommentaries.com (Feb. 2, 2022).

[2] Federal Criminal Trial for Killing of George Floyd: Prosecution Witnesses (Part II), dwkcommentaries.com (Feb. 11, 2022).

[3] Olson & Xiong, Veteran officer: Cops failed in their duty to provide care for George Floyd while in custody, StarTribune (Feb. 14, 2022); Olson & Xiong, At least two ex-officers plan to testify in federal civil rights trial as defense prepares to present its case, StarTribune (Feb. 14, 2022). Forliti & Karnowski, Expert takes issue with officers’ conduct in Floyd killing, AP News (Feb. 14, 2022); Foriiti & Karnowski, Prosecution rests in 3 cops’ trial in George Floyd killing. AP News (Feb. 14, 2022),

[4] See also these posts to dwkcommentaries: Derek Chauvin Trial: Week Four (April 2, 2021); Witnessing (April 25, 2021); Darnella Fraser’s Continued Witnessing (May 26, 2021); More Honors for Darnella Fraser (June 12, 2021).

Pandemic Journal (# 4): “Life” Poem

Important reminders of more important issues for us all as we live through this stressful period of the coronavirus (COVID-19) pandemic are found in different places. [1] For example, in organizing some personal papers I came across the following poem by Kristi Brown, the daughter of my cousin, Lloyd William Brown, Jr., and his wife, Karen Brown.

Life

 Life is not long enough to accomplish all your goals.

Life is too short to waste a minute of .

Life always has to end sometime or another.

It ends when you least expect it.

 

Life ends instantaneously for some,

Life’s end is long and painful for others.

Life’s end is known by some, but for others,

It ends when you least expect it.

 

Life is good to most people for a long time,

Life takes some people very early on.

Life fights with death for the cream of the crop.

It ends when you least expect it.

 

Life is taken advantage of by some, others live

Life one day at a time, and cross bridges when they come to them.

Life usually ends for the careful ones, not careless.

It ends when you least expect it.

 

Life’s end is welcomed by those who are suffering.

Life’s end is not welcomed for those who are not.

Life is hard after a loved one dies, but

It ends when you least expect it.

 

Life is a terrible thing to waste.

This poem in her handwritten spiral notebook was discovered in her nightstand drawer in the summer of 1987 by Kristi’s parents. This discovery was necessitated by Kristi’s having been killed, at age 19, on June 24, 1987, in a terrible multiple-vehicle crash on the Capitol Beltway outside Washington, D.C. on her way home from a summer job following her first year at the University of Virginia. Pursuant to her written instructions, Kristi’s heart, cornea and kidneys were donated to the Washington Regional Transplant Community.

Thereafter her parents organized an annual event they called “Kristi’s Christmas” when students from her high school in Springfield Virginia joined her parents and siblings to provide breakfast to a group of underprivileged grade-school kids and then escorted and provided money for them to go Christmas shopping followed by a special visit with Santa Claus. After her mother’s death, the West Springfield Rotary Club has taken over the organization of this annual event.[2]

Thank you, Kristi, for reminding all of us that life “ends when you least expect it” and that “life is a terrible thing to waste.” I am truly sorry that I never had the privilege of meeting you and learning about your inspirations for these amazing deeds.

This profound and beautiful poem helps me cope with the morning news on March 28th that  the world in at least 171 countries has seen 585,500 coronavirus (COVID-19) cases with at least 27,164 deaths while the U.S. has become the epicenter of the world with 102,838 cases and 1,646 deaths. My state of Minnesota has had 398 cases and 4 deaths, including 1 death in Hennepin County, where I live.[3]

My wife and I continue to be in good health while sheltering in our downtown Minneapolis condo with occasional outdoor walks on nice days and trips by car to buy groceries and once-a-week take-out dinners at restaurants, gas for the car and necessities at drug stores.

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[1]This blogger has decided to periodically post his reactions to living through this pandemic. Here are the earlier such posts to dwkcommentareis.com: Pandemic Journal (# 1): Kristof and Osterholm Analyses (Mar. 23, 2020); Pandemic Journal (# 2): Westminster Presbyterian Church Service (o3/22/20) (Mar. 24, 2020); Pandemic Journal (#3): 1918 Flu (Mar. 27, 2020).

[2] Korff, ‘Kristi’s Christmas’ honors the late Kristi Brown with day of giving for Fairfax kids, WJLA (Dec. 11, 2014); Ours, Kristi’s Christmas makes the holidays merry and bright, The Oracle (Dec. 15, 2016).

3] Coronavirus Map: Tracking the Global Outbreak, N.Y. Times (Mar. 28, 2020; Coronavirus in the U.S.: Latest Map and Case Count, N.Y.Times (Mar. 28, 2020); Olson & Snowbeck, Stay-at-home order now in effect to fight virus that has killed four Minnesotans, StarTribune (Mar.28, 2020).