Return to Transcripts main page

CNN NEWSROOM

2nd Day of Derek Chauvin Trial Resumes after Lunch Break; Underage Witness Testifies Off Camera in Chauvin Trial; Aired 2:30-3p ET

Aired March 30, 2021 - 14:30   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


[14:30:00]

UNKNOWN: I heard a couple -- there was already a couple bystanders there and I just heard some people talking to let him up and just to stay calm, talking to George. Yes.

ERIN ELDRIDGE, MINNESOTA ASSISTANT ATTORNEY GENERAL: And did you hear who you're talking about, George, Mr. Floyd, did you hear Mr. Floyd saying anything?

UNKNOWN: Yes. I heard him say he couldn't breathe. And that his stomach hurt. And that he wanted his mom.

ELDRIDGE: Did you have your friend Kaylynn's phone with you when you got out of the car?

UNKNOWN: Yes, I did.

ELDRIDGE: So, when you heard all these things going on, what did you decide to do with that phone?

UNKNOWN: I knew initially that there was something wrong, so I started recording.

ELDRIDGE: So you said you knew something was wrong. What made you think something was wrong?

UNKNOWN: Well, a lot of people looked in distress on the sidewalk, and George was in distress.

ELDRIDGE: When you say he was in distress, was it those things you heard him saying that made you think he was in distress?

UNKNOWN: Yes.

ELDRIDGE: OK. So, was that what prompted you to start to record?

UNKNOWN: Yes.

ELDRIDGE: And could you see what was going on with Mr. Floyd at that point?

UNKNOWN: Yes. I could see that he was being held to the ground.

ELDRIDGE: And what did you see with respect to how he was being held to the ground?

UNKNOWN: I saw that Derek had his knee on his neck and two other officers had his body pinned down.

ELDRIDGE: So, when you say Derek, are you referring to Derek Chauvin?

UNKNOWN: Yes.

ELDRIDGE: So you saw Mr. Chauvin with a knee on Mr. Floyd's neck, is that right?

UNKNOWN: Yes.

ELDRIDGE: And then you said there were other officers? What were those officers doing that you could see?

UNKNOWN: They were, like, holding him down, his lower half of his body.

ELDRIDGE: And in terms of George Floyd's condition, how did he look to you when you saw him?

UNKNOWN: He looked like he was struggling at first. And he looked distressed. And he looked like he was fighting to breathe.

ELDRIDGE: So, when you say struggling and fighting to breathe, and in distress, did it look like he was getting into a physical fight with the officers or did it look like he was struggling in terms of his ability to breathe?

UNKNOWN: He was struggling with his ability to breathe. He was focused on trying to breathe.

ELDRIDGE: OK. And how could you tell that from your perspective where you were?

UNKNOWN: Well, at first, he was vocal. And he got less vocal and you could tell he was talking with, like, small -- smaller and smaller breaths. And he would spit a little when he would talk. And he would try and move his head to -- because he was uncomfortable.

ELDRIDGE: And you said he was getting less and less vocal. Was there -- did you become more concerned over time?

UNKNOWN: Yes.

ELDRIDGE: And why was that, that you became more concerned or worried?

UNKNOWN: Because I slowly knew that if they were -- if he were to be held down much longer, he wouldn't live.

ELDRIDGE: And what made you think that?

UNKNOWN: Because he was -- you could see in his face that he was slowly not being able to breathe. His eyes were rolling back. And at one point, he just kind of sat there. ELDRIDGE: And when you say --

UNKNOWN: Or laid there.

ELDRIDGE: Sorry. When you say he just kind of sat there or laid there, did you notice a change in his ability to speak or make sounds?

UNKNOWN: Yes.

ELDRIDGE: Take your time. If you need a tissue. There's some right there. This is difficult for you to talk about?

UNKNOWN: Yes.

ELDRIDGE: Do you need a minute?

Why is this difficult for you to talk about talk about?

UNKNOWN: It was difficult because I felt like there wasn't really anything I could do as a bystander. I felt like I was failing him.

ELDRIDGE: I'm sorry, you said you felt like you were feeling it?

UNKNOWN: Like failing to do anything.

[14:35:02]

ELDRIDGE: You said failing. I hear you now.

Why did you feel like you were failing?

UNKNOWN: Because I was there and, like, technically, I could have did something, but I couldn't really do anything physically what I wanted to do because the highest power was there at the time.

ELDRIDGE: So when you say you can't do physically what you wanted to do, can you explain why you felt you couldn't get involved?

UNKNOWN: There was another police officer kind of, like, pushing the crowd back, making sure everyone was on the sidewalk and didn't get close.

ELDRIDGE: So, did you feel like that officer was stopping you from being able to get closer?

UNKNOWN: Uh-huh.

ELDRIDGE: Yes?

UNKNOWN: Yes.

ELDRIDGE: OK. Did you, at some point, see any of the officers check for a pulse on Mr. Floyd?

UNKNOWN: I'm not really sure.

ELDRIDGE: OK. What did you see the other officers do?

UNKNOWN: Well, they kind of just stood in this -- or kneeled at the same position, holding him down. No one really moved that much. That was on Floyd.

ELDRIDGE: And did you hear people around you, bystanders, asking about a pulse?

UNKNOWN: Yes.

ELDRIDGE: And when you heard people ask about a pulse, did anything about what the officers were doing change at that point?

UNKNOWN: No. No one responded.

ELDRIDGE: Did they move their bodies off Mr. Floyd?

UNKNOWN: No.

ELDRIDGE: Did they get up at that point?

UNKNOWN: No.

ELDRIDGE: Did Mr. Chauvin get up at that point?

UNKNOWN: No.

ELDRIDGE: Did -- so, was Mr. Chauvin's knee still on top of Mr. Floyd at that point?

UNKNOWN: Yes, his knee remained on him the entire time until paramedics came.

ELDRIDGE: OK. And did you get a chance to look at Mr. Chauvin while you were there?

UNKNOWN: Yes. I did look at him.

ELDRIDGE: And what -- what was he doing? Where was he looking?

UNKNOWN: Most of the time, I saw him staring at George. I didn't really see him take his eyes off of him for the most part.

ELDRIDGE: Did you notice anything about what Mr. Chauvin was doing with his body?

UNKNOWN: Yes. At one point, I saw him put more and more weight onto him.

ELDRIDGE: And how could you tell that?

UNKNOWN: I saw his back foot or leg lift off the ground and his hands go in his pocket.

ELDRIDGE: So, can you just describe a little more of what you saw? You know, you're describing the leg movement and what you're describing as a hand in the pocket. What did you see change about the way Mr. Chauvin's body position was to make you think that?

UNKNOWN: Could you repeat the question?

ELDRIDGE: Sorry. It was a bad question.

How did it change? How did what Mr. Chauvin was doing make it look to you like he was putting more weight on Mr. Floyd?

UNKNOWN: I kind of saw him move his knee down more.

ELDRIDGE: OK.

UNKNOWN: Make little movements.

ELDRIDGE: And when you say you saw Mr. Chauvin's knee move down more, what are you talking about? Down into Mr. Floyd or down somewhere else?

UNKNOWN: Down into Mr. Floyd's neck.

ELDRIDGE: OK. And what were you doing while you were watching all of this happen?

UNKNOWN: I was recording, and I was telling him to get off of him, and I was expressing that I was upset.

ELDRIDGE: And what made you upset about the situation?

UNKNOWN: He wasn't able to breathe. And they weren't -- I felt like they weren't doing what they were supposed to be doing.

ERIC NELSON, DEFENSE ATTORNEY: Objection.

PETER CAHILL, HENNEPIN COUNTY DISTRICT JUDGE: Last part of the answer is stricken.

ELDRIDGE: All right. So, at some point, did you see an ambulance arrive?

UNKNOWN: Yes.

ELDRIDGE: And you said that you had seen Mr. Chauvin on top of Mr. Floyd until the ambulance arrived. What else did you see happening when the ambulance arrived?

UNKNOWN: I saw that they -- well, the police officers didn't move, and Chauvin kept his knee on his neck the entire time, even when the paramedic was checking for a pulse.

ELDRIDGE: Did you see paramedics check for a pulse?

UNKNOWN: Yes.

ELDRIDGE: And what was happening that you saw at that point in time?

[14:40:04] UNKNOWN: They were checking his pulse around his neck.

ELDRIDGE: OK, so you saw a paramedic touch Mr. Floyd's neck?

UNKNOWN: Yes.

ELDRIDGE: And was it at that point you said Mr. Chauvin was still on Mr. Floyd's neck?

UNKNOWN: Yes.

ELDRIDGE: After that, at some point, did the paramedics move Mr. Floyd's body?

UNKNOWN: Yes.

ELDRIDGE: And was that the first time that you saw Mr. Chauvin get off Mr. Floyd's neck?

UNKNOWN: Yes.

ELDRIDGE: At any time before the ambulance came, did you see any officers or Mr. Chauvin attempt to -- to move in any way, move Mr. Floyd or give any medical assistance in any way?

UNKNOWN: No.

ELDRIDGE: Did you see anybody give him CPR or roll him over, anything like that?

UNKNOWN: No.

ELDRIDGE: And then you talked about there were other people who were on the curb with you, other bystanders. What were those people doing throughout this process?

UNKNOWN: They were also expressing how they felt about the situation as well. And I'm -- I'm not exactly sure, but I'm aware that there was other people recording.

ELDRIDGE: OK. But were you all on the curb, essentially, in sort of a group together?

UNKNOWN: Yes.

ELDRIDGE: And did anybody get in close contact with Mr. Floyd's body? Did anybody get close?

UNKNOWN: No.

ELDRIDGE: OK. I'm going to put up exhibit 184, please. Let me clear that.

So, do you see yourself in this picture?

UNKNOWN: Yes. ELDRIDGE: Can you circle yourself, please?

And what are you doing at this point?

UNKNOWN: I'm recording.

ELDRIDGE: And is that a phone in your hand?

UNKNOWN: Yes.

ELDRIDGE: Do you recognize anybody else in this photo?

UNKNOWN: Yes.

ELDRIDGE: And can you circle who it is you recognize?

And who's -- who's that by first name?

UNKNOWN: Kaylynn.

ELDRIDGE: And is that the friend, Kaylynn, you were describing?

UNKNOWN: Yes.

ELDRIDGE: So, you had initially testified that you told her to stay in the car, that she stayed in the car. At some point, did she come out and join you?

UNKNOWN: Yes.

ELDRIDGE: All right. And you, in this picture, have -- did you recognize anybody else in this photo?

UNKNOWN: Darnella.

ELDRIDGE: And how do you know Darnella?

UNKNOWN: I used to go to school with her.

ELDRIDGE: Did you have any interaction with her while you were there?

UNKNOWN: Before we walked up, I said something to her, like, hi, how are you. Because I haven't seen her in a while. It was the summer.

ELDRIDGE: So, you know who she is, but you didn't plan to meet her there or anything like that.

UNKNOWN: No.

ELDRIDGE: OK. Did you, while you were recording with Kaylynn's phone, were there three separate video clips or three separate video files that you created on that phone?

UNKNOWN: Yes.

ELDRIDGE: And before today, did we have a chance to show you those videos?

UNKNOWN: Yes.

ELDRIDGE: And did those three videos fairly and accurately show what you saw and what you recorded on Kaylynn's phone?

UNKNOWN: Yes.

ELDRIDGE: And we have marked those clips as exhibits 26, 27, and 28. I'm going to offer those at this time.

CAHILL: No objection.

ELDRIDGE: And we're not going to publish those, but --

CAHILL: Well --

ELDRIDGE: I'm not going to publish them at this point.

CAHILL: Let me receive them first.

ELDRIDGE: Sorry. Sorry.

CAHILL: Twenty-six, 27, and 28 are received.

ELDRIDGE: Thank you, Your Honor.

There was also another video that you were shown. Did you have a chance to see a composite video or a side-by-side video of your three videos and a street camera all put together, synced up?

UNKNOWN: Yes.

ELDRIDGE: And does that video that you saw fairly and accurately show those three video clips and also show what you were doing and where you were positioned on that day?

UNKNOWN: Yes.

ELDRIDGE: And we've marked that composite video as exhibit 246.

I would offer that at this time.

CAHILL: Any objection?

[14:45:01]

NELSON: No objection.

CAHILL: And 246 is received.

ELDRIDGE: Thank you, Your Honor.

So, we will publish that.

And just before we do, Alyssa, we're going to play that video now. And I may stop it at points just to have you describe what's going on and what you're doing, OK?

All right, so if we could publish exhibit 246, please.

NELSON: Could we have a brief side bar?

ELDRIDGE: Yes.

Just one moment.

BROOKE BALDWIN, CNN HOST: All right, we're going to take a quick break. We'll be right back.

(COMMERCIAL BREAK)

ELDRIDGE: What was going on right there as you were filming? Where were you positioned?

UNKNOWN: I was behind the bus stop, or in front of it, I guess you could say.

ELDRIDGE: And was that your voice that came on briefly?

UNKNOWN: Yes.

ELDRIDGE: And when you said, what the -- expletive, what was going -- what were you responding to?

[14:50:06]

UNKNOWN: I could hear George basically crying and begging them to get off him, that he was in pain. And I knew that he was hurting, so it was upsetting.

ELDRIDGE: And at this point, we still don't see you on screen, is that right?

UNKNOWN: Yes.

ELDRIDGE: Were you still in the area of -- offscreen by the bus stop?

UNKNOWN: Yes

(BEGIN VIDEO CLIP)

UNKNOWN: Bro, you got him down. Let him breathe. Let him breathe, man.

(END VIDEO CLIP)

ELDRIDGE: Pause it right there.

Do you see yourself on screen now?

UNKNOWN: Yes.

ELDRIDGE: Can you circle where you are?

On the right side of the screen, is that the video you're taking at that point in time?

UNKNOWN: Yes.

ELDRIDGE: OK. We can keep playing it.

(BEGIN VIDEO CLIP)

GEORGE FLOYD, DIED DURING ARREST BY POLICE: (INAUDIBLE)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Relax.

FLOYD: I can't breathe. Just get up.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: What do you want?

FLOYD: I can't breathe. Can't breathe. I can't breathe.

UNKNOWN: Get up and get in the car, man.

FLOYD: I will.

UNKNOWN: Get up and get in the car.

FLOYD: OK, I will.

UNKNOWN: I just watched the whole thing, man. Get up and get in the car. Get up and get in the car right.

FLOYD: I can't.

UNKNOWN: Can't give you an opportunity to get in. Bro, I told you, you can't win.

FLOYD: My knee.

UNKNOWN: You can't win, man.

FLOYD: I'm through.

UNKNOWN: I know. You didn't listen.

FLOYD: I got the COVID. My stomach hurts. My neck hurts. Everything hurts. I need water or something. Please. Please. I can't breathe, officer.

(CROSSTALK)

UNKNOWN: He is in handcuffs.

FLOYD: (INAUDIBLE)

UNKNOWN: He is in handcuffs.

UNKNOWN: Bro, your feet on his neck, you get off his neck. Yes, that's wrong right there with his feet on his neck.

UNKNOWN: Man, you have your knee on his neck.

UNKNOWN: You have your knee on his neck, officer.

UNKNOWN: You having fun?

FLOYD: I cannot breathe.

UNKNOWN: Tough guy. You're a tough guy, huh?

(CROSSTALK)

UNKNOWN: He's a tough guy. He's not even resisting arrest, bro.

(CROSSTALK)

UNKNOWN: Bro, why you sitting there? He ain't doing nothing now. Put him in the car. Man.

(CROSSTALK)

UNKNOWN: It ain't about drugs, bro. You don't need to have his hand on his neck. He's human, bro.

I'm saying you can put him in the car. That's some bum ass shit. That's some bum ass shit, bro. You don't have to sit there with your knee on his neck, bro.

Bro, he ain't -- you circle like in a jujitsu move, bro. You're trapping his breathing, bro.

You don't think that's what it is. You don't think nobody understand what that shit is, bro? I train at the academy. Bro, that's some bullshit, bro. Right, that's bullshit, bro. That's bullshit, bro.

FLOYD: Please.

UNKNOWN: You're stopping his breathing right there, bro.

(CROSSTALK)

UNKNOWN: He's talking. Bro, but you can get him off the ground. You're being a bum right now. You can get him off the ground, bro. You can get him off the ground. You're being a bum right now.

He's enjoying that. He enjoying that shit.

(CROSSTALK)

UNKNOWN: He enjoying that shit. He's a (EXPLETIVE DELETED) bum, bro. He enjoying that shit right now, bro.

You could have (EXPLETIVE DELETED) put him in the car by now.

UNKNOWN: He ain't talking shit now.

(CROSSTALK) UNKNOWN: You're enjoying it. Look at you, your body language explains, you (EXPLETIVE DELETED) bum.

UNKNOWN: Look at him! Bro, get the (EXPLETIVE DELETED) off him.

(CROSSTALK)

UNKNOWN: He's about to knock out. What the --

(CROSSTALK)

UNKNOWN: You know --

(END VIDEO CLIP)

ELDRIDGE: All right. We can pause it there for a minute.

Now, there's a voice saying, why are you kneeing him more and he's not talking now, look at him. He's about to knock out. Whose voice was that?

UNKNOWN: That was mine.

ELDRIDGE: And when you say -- when you were expressing, why are you kneeing him more, what does that mean? What were you trying to get across?

UNKNOWN: Well, at that point, I saw him, like, moving towards him more, putting more pressure.

ELDRIDGE: When you say, him moving towards him, can you just --

UNKNOWN: Derek.

ELDRIDGE: Derek, Mr. Chauvin was moving towards Mr. Floyd more?

UNKNOWN: Yes, with his knee.

ELDRIDGE: OK. When you say kneeing him, are you meaning applying -- pushing on him more with that knee?

[14:55:00]

UNKNOWN: Yes.

ELDRIDGE: OK. And you said, you know, he's not talking now, things like that. Did you notice a change in Mr. Floyd at that point in time?

UNKNOWN: Yes. He stopped being as vocal and he was more struggling to breathe.

ELDRIDGE: And when you said he's about to knock out, what does that mean? What were you trying to get across there?

UNKNOWN: Well, I could see that he was going unconscious and his eyes were starting to roll to the back of his head and he had some saliva coming out of his mouth.

ELDRIDGE: Was that the point in time when you became even more concerned?

UNKNOWN: Yes.

ELDRIDGE: OK.

All right, we'll continue to play.

As this is playing, are you still standing there but not recording during this portion?

UNKNOWN: Yes.

ELDRIDGE: And did you record again afterward?

UNKNOWN: Yes.

(BEGIN VIDEO CLIP)

UNKNOWN: Bro, you're a bum, bro. You're a bum for that. You're a bum for that. You're a bum for that, bro.

(INAUDIBLE). You just stopping his breathing right now.

UNKNOWN: Look. What the (EXPLETIVE DELETED). Look at him.

UNKNOWN: Bro.

UNKNOWN: Get off him. What is wrong with y'all?

(CROSSTALK)

UNKNOWN: What the (EXPLETIVE DELETED)? What the (EXPLETIVE DELETED).

(CROSSTALK)

UNKNOWN: Ya'll a (EXPLETIVE DELETED (EXPLETIVE DELETED). Ya'll a (EXPLETIVE DELETED (EXPLETIVE DELETED). I hope your ass rot in hell.

UNKNOWN: You should check on him.

UNKNOWN: No.

UNKNOWN: He's not breathing right now.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Back off!

UNKNOWN: He's not responsive right now.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Get off the street.

UNKNOWN: He's not responsive right now.

(CROSSTALK) UNKNOWN: He's not responsive right now. He's not responsive right now, bro.

UNKNOWN: Does he have a pulse?

UNKNOWN: No, bro, look at him. He's not responsive right now, bro.

UNKNOWN: Check for a pulse. Check for a pulse.

UNKNOWN: Bro, are you serious?

UNKNOWN: Go check!

(CROSSTALK)

UNKNOWN: Let me see a pulse.

UNKNOWN: Is he breathing right now? Check his pulse.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: I don't want to have this conversation.

UNKNOWN: Check his pulse. Check his pulse, Tou. Tou, check his pulise. Tou, check his pulse, bro. Check his pulse.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Don't do drugs.

UNKNOWN: Don't do drugs? Bro, what is that?

So you calling what he's doing OK?

(CROSSTALK)

UNKNOWN: Badge number 7162.

UNKNOWN: Bro --

(CROSSTALK)

UNKNOWN: Minneapolis.

UNKNOWN: Bro --

(CROSSTALK)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Get on the sidewalk.

UNKNOWN: Check his pulse. Check his pulse.

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Get back on the sidewalk.

UNKNOWN: The man ain't moved yet, bro. The man ain't moved yet, bro.

UNKNOWN: He's not moving!

(CROSSTALK) UNKNOWN: Bro, you're a bum, bro. You're a bum, bro. You're definitely a bum, bro.

(CROSSTALK)

UNKNOWN: Tell me what his pulse is right now.

UNKNOWN: Check for a pulse.

Bro, he has not moved not one time.

UNKNOWN: In over a minute.

(END VIDEO CLIP)

ELDRIDGE: So, is it your voice asking about badge number and saying he's not moving, things like that?

UNKNOWN: Yes.

ELDRIDGE: And then someone said, he hasn't moved, and then in over a minute, was that your voice, too?

UNKNOWN: Yes.

ELDRIDGE: Why was that important for you in terms of saying over a minute? Were you worried about the length of time that this was going on?

UNKNOWN: Yes, because I knew time was running out or it had already.

ELDRIDGE: What do you mean by time was running out?

UNKNOWN: That he was going to die.

ELDRIDGE: Go ahead.

(BEGIN VIDEO CLIP)

(CROSSTALK)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: Go back to the store, bro. Go back to the store.

UNKNOWN: He's not (EXPLETIVE DELETED) moving.

(CROSSTALK)

UNIDENTIFIED LAW ENFORCEMENT OFFICER: I see that.

UNKNOWN: Bro, bro, you don't need to help him out. I know your parents. I know the people that own the store. You don't need to help me out. He's not moving right now, bro.

Bro, he was just moving when I walked up here.

(CROSSTALK)

UNKNOWN: We're going to wait for the ambulance.

UNKNOWN: Does he have a pulse?

(CROSSTALK)

UNKNOWN: Bro, he doesn't have -- bro, he's not moving.

(CROSSTALK)

UNKNOWN: You guys should be able to multitask. That's your (EXPLETIVE DELETED) job, right?

UNKNOWN: Bro, you're a bum, bro. 987, bro, you're a bum. First thing you want to grab is your mace because you're scared, bro. Scared of (EXPLETIVE DELETED) --

(CROSSTALK)

UNKNOWN: He's still on the ground.

UNKNOWN: You're still on him. Three minutes.

UNKNOWN: Get the (EXPLETIVE DELETED) off him. What are you doing?

(CROSSTALK)

(END VIDEO CLIP)

ELDRIDGE: Somebody's saying, you're still on him, three minutes. Whose voice is that?

UNKNOWN: I believe that was a girl from inside the store.

ELDRIDGE: OK. Did you hear your voice in that portion?

UNKNOWN: Yes.

ELDRIDGE: And what were you saying?

UNKNOWN: I don't exactly remember exactly what I said. But I heard my voice.

ELDRIDGE: Were you upset in that moment?

UNKNOWN: Yes.

ELDRIDGE: Again, was your concern increasing over time?

UNKNOWN: Yes. At that point, I kind of knew.

[15:00:01]

ELDRIDGE: You kind of knew what?

UNKNOWN: That he was dead or not breathing.

ELDRIDGE: And what made you think that he was dead or not breathing at that point?