Eric J. Nelson, Mr. Chauvin’s lawyer, pressed his argument that bystanders at the scene of an arrest can have a large effect on how an officer acts, and that an officer can “look bad” even while using force that is lawful. He also emphasized that officers are not supposed to remain solely focused on someone they are arresting, but are also supposed to consider other parts of their surroundings.
“It’s not just one small thing that you’re focused only on the subject that you’re arresting,” Mr. Nelson said. “You’re taking in a lot of information and processing it all kind of simultaneously through this critical decision-making model.” Sergeant Yang agreed.
A friend of George Floyd’s who was with him when he was arrested is trying to avoid testifying.
Morries Lester Hall, a friend of Mr. Floyd’s who was in a car with him moments before the police pulled Mr. Floyd out of the car and pinned him to the ground, is hoping to avoid testifying in the murder trial.
At a hearing on Tuesday morning over whether Mr. Hall must testify, his lawyer said that testifying about any of his actions on May 25 had the potential to incriminate him, and that Mr. Hall planned to invoke his Fifth Amendment right against self-incrimination. Mr. Hall, who is currently in jail on charges unrelated to Mr. Floyd’s death, appeared in court by video conference, though he spoke only to spell his name and confirm that he had conferred with his lawyer.
Judge Peter A. Cahill, who is overseeing the trial of Mr. Chauvin, did not rule on whether Mr. Hall must testify, but he ordered Mr. Chauvin’s lawyer to draft a list of questions by Thursday that Mr. Hall might be able to answer without incriminating himself. Videos from the scene show that Mr. Hall was sitting in the passenger seat of a car when the police initially confronted Mr. Floyd, shortly before he was pinned to the ground and died.
Adrienne Cousins, Mr. Hall’s lawyer, said that both prosecutors and Mr. Chauvin’s lawyer had subpoenaed Mr. Hall, though Mr. Nelson seemed more interested in calling him to the stand. Mr. Nelson said in court that he wanted to ask Mr. Hall a range of questions, including about whether he had given Mr. Floyd drugs, about the fake $20 bill that a convenience store clerk said Mr. Floyd used, and about why Mr. Hall left Minnesota after Mr. Floyd had died.
Ms. Cousins said that all of those questions could incriminate her client, and Judge Cahill largely seemed to agree. But the judge said there may be a narrow range of questions — possibly on how Mr. Floyd appeared to be acting in the car before the police arrived — that Mr. Hall might be able to answer without incriminating himself. Ms. Cousins strenuously disagreed, saying that even acknowledging that Mr. Hall was in the car with Mr. Floyd on May 25 could be used against him if he were to be charged with a crime based on his actions that day.
For their part, prosecutors seemed most worried about the prospect that Mr. Hall would take the stand and invoke his Fifth Amendment right in front of the jury, perhaps making them further question Mr. Floyd’s actions that day or making them concerned about what is being withheld.