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Inside Politics

Prosecutor Questions First Witness In Chauvin Trial. Aired 12:30-1p ET

Aired March 29, 2021 - 12:30   ET

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


[12:30:00]

MATTHEW FRANK, PROSECUTOR ATTORNEY: So describe for us then what code two means.

JENA SCURRY, 911 DISPATCHER: As far as I understand code two would be not using lights and sirens, they're going without those.

FRANK: So it sort of makes sense for a call to be priority if you've got a suspect still there, want to get an officer there right away?

SCURRY: Correct.

FRANK: And so code two, from your training and experience means proceeding without lights and sirens. Are there other codes that are used as part of the dispatch process and policing process?

SCURRY: We have code four which would be seen safe. If we're working with other agencies, such as EMS and they're staging in the area, which means they're not going in unless police have deemed it safe for them. Police would let us know that the scene is code four and then they would proceed in.

FRANK: So between two and four, is there a code three?

SCURRY: There is a code three.

FRANK: And what does that mean?

SCURRY: Code three means emergent. So you need them as quickly as possible.

FRANK: OK. I'm going to back up a little bit in your job as a dispatcher. You do a lot by hearing what's going on getting calls. So there are also some things that you can do visually in terms of seeing what's going on outside of the city of Minneapolis.

SCURRY: The majority of our job is all through listening. From the first call that comes into us to dispatching it to the radios between dispatch in the responders. At some times we do have cameras available to us. They can be up simply for the fact to know what time of the day it is, to know what the weather might be out for at that time. To keep us up to date, so we can understand how or what questions to ask our callers depending on the day, or what it looks like. But we do have cameras available to us if needed.

FRANK: So explain where these cameras are. What do you mean that there are cameras?

SCURRY: As far as I know, they are around the city. I don't specifically know where each one of them is. But they are up, and we do have access to them. Not specifically the dispatchers. But they are cameras that are available for usually camera operators, which are some police officers that operate cameras to use. And then we can use them as well.

FRANK: So how do you see them? You know, when you're working as a dispatcher? How do you see the video from those cameras?

SCURRY: Just like the TVs in this room, they're on the wall for us to get there to us. There are approximately, I believe six TVs.

FRANK: And so it's a way for you to see what's going on out in the streets. Correct? And you know how often your job do you think you look up at those and see what's going on?

SCURRY: It depends, depends on how busy we are. Sometimes we are going from call to call to call and you start at 5:00 and somehow it's already 9:00 in the afternoon. And you don't know how he got there. Sometimes we can look up and see what it's like outside and you can watch the people walking by. It all depends on the day.

FRANK: So in communicating with police officers who are out working, there are different ways that you can actually communicate with them and talk to them.

SCURRY: Correct.

FRANK: What are the different ways that you can do that?

SCURRY: First we use our radio. That is our formal way of communication with giving out calls and information. We also have our CAD system. And that is the computer system that allows us to take the calls from 911 operators. They come over to us at dispatch. And then when we dispatch the call, we're also giving that same call to the officers or the firefighters to their computers so that they have the same information that we're giving out.

Through that, we also have what would seem as a, an email system, and we can use that to send messages to if needed.

FRANK: And you also make phone calls to officers?

SCURRY: We can.

FRANK: And so you may have sort of already answered my question, but just to be clear about it. Tell us the typical process when a citizen makes a 911 call how that comes through the call center and becomes a call to police officers for assistance.

SCURRY: So everything is the first question we asked is what is the address of the emergency. It's the most important thing so that we can send help right away if needed, but it also allows the calls to be coded to the correct dispatcher. We have three dispatchers working all at the same time and they're in charge of different precincts.

My channel which Channel One was in -- is precinct three and two. And the other channel channels involved have different precincts. So the address allows us to give it to different dispatchers so they can disseminate that information.

[12:35:15]

FRANK: And so a call goes to a call taker. They give information to you to do the dispatch out?

SCURRY: Correct.

FRANK: And so where you're working on May 25 of last year?

SCURRY: I was.

FRANK: OK. What was your shift? Do you remember that day?

SCURRY: My shift was a middle shift. I started at 1430, which is 2:30 in the afternoon, and I worked until midnight 30, which is 12:30 at night.

FRANK: I think you told us your responsibility then was which areas of Minneapolis?

SCURRY: Channel One, which would be precinct two and precinct three.

FRANK: So then the other channels have the other precincts?

SCURRY: Correct.

FRANK: OK. And so what was your assignment? What were your job duties on May 25 of 2020?

SCURRY: As a police dispatcher, it was to take the calls that came in from nylon, wanting to dispatch them to the police officers.

FRANK: And incidentally, I think I may have forgot to ask you, is there always a sergeant on duty when you're serving as a dispatcher? Sergeant on duty out in the streets in each precinct?

SCURRY: Yes.

FRANK: How many sergeants are there generally on?

SCURRY: Depends on their shift. Minimal of one.

FRANK: And as part of your duties, do you often have contact with those sergeants about calls and other matters?

SCURRY: Yes.

FRANK: On that date, May 25 of 2020, did you dispatch a call to officers to a location known as Cup Foods?

SCURRY: Yes.

FRANK: And did you receive that 911 call?

SCURRY: I did not.

FRANK: And did you -- were you dispatched to call about that?

SCURRY: Correct?

FRANK: Are you familiar with that location, Cup Foods?

SCURRY: Yes.

FRANK: And what do you know the intersection where that's located?

SCURRY: 38th in Chicago.

FRANK: And is that in the state of Minneapolis?

SCURRY: Yes.

FRANK: You know what county that's in?

SCURRY: Hennepin.

FRANK: OK. And why are you familiar with that location?

SCURRY: It's a place where I've been in the area before. And also, it's part of our geography to know certain landmarks that stick out. It's a place where we have to be ready to understand where it is. So if someone tells me their Cup Foods, I know where that is. It's 38th in Chicago, and I can use my computer system to get that address.

FRANK: Fairly familiar with the City of Minneapolis?

SCURRY: Yes.

FRANK: And were you aware at the time if there was one of these street cameras for that area?

SCURRY: I did not.

FRANK: Did you subsequently learn that there in fact, is a camera there that could show the incident you would call?

SCURRY: Yes.

FRANK: OK. At some point, did you also then look at some video for this incident at that location?

SCURRY: Yes.

FRANK: We'll come back to that in a little bit. Prior to coming into court, did you have a chance to look at what we've marked as Exhibit 151? You don't know that. But it's the (INAUDIBLE) printout from part of this call, correct?

SCURRY: Yes,

FRANK: All right. Your Honor, can we turn on just a witness's screen, please? Can you put up 151, please?

Showing you what we've marked as Exhibit 151. Do you see it on your screen?

SCURRY: No. Sorry.

FRANK: Now do you see it?

SCURRY: Yes, I'm using the judge's computer.

FRANK: OK. Do you, first of all, do you recognize what this document is?

SCURRY: Yes.

FRANK: And what -- how would you refer to it? So I get it right.

SCURRY: It is the printout version of the call that came in from 911.

FRANK: So as calls are processed through the Center, a record of that has made that looks like this.

SCURRY: Yes.

FRANK: And is this kept in the ordinary course of the business of the call center and keeping track of what it does.

SCURRY: Yes.

FRANK: And are you have you on prior occasions relied on something like this to recall what happened during a call?

SCURRY: Yes.

[12:40:00]

FRANK: And is something that you're able to see, even sometimes during their shift?

SCURRY: Yes.

FRANK: And would this come up on one of the multiple screens that you have if you want it to?

SCURRY: Yes, everything looks different. It would take a lot of explaining. But yes, we see all of this information.

FRANK: I would offer exhibit 151.

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED MALE: 151 is received.

FRANK: Now, Ms. Scurry, I'm going to ask for 151 to be put up on the screen so we can all see it. And starting here, but the first page of this document, and I'll represent to you that we have not included the entire document, right, this is just a portion of that information, correct?

SCURRY: Correct.

FRANK: So what I'm going to ask you to do here with the first line is tell us, you know, run us through that first line and tell us the information on that very top line.

SCURRY: The first line is from the call taker, it is a query of the plate that's in the call. And then we use a lot of abbreviations for quick hand information to the dispatchers, and it would say outside on 38th Street reporting that there is a male providing -- provided a counterfeit bill to the business, the suspect as a black male, six foot taller, sitting on top of a blue Mercedes, ML320, SUV license plate Boy, Robert, John, Zero, Two, Six.

FRANK: OK. So what I'm going to do is I'm going to have this lawn up a little bit, so it's easier for everybody to read along with you. And at least the first couple lines, just so that it's bigger for us all to see.

So the first column on the left, self-explanatory, that's the date?

SCURRY: Correct.

FRANK: And then the time also probably self-explanatory. What is user mean?

SCURRY: User would be how you identify different persons involved on this person, you can tell is a call taker, it's the first two letters there, and then it has their ID number, we all have our own ID numbers.

FRANK: And so what's your ID number?

SCURRY: Mine is 123096.

FRANK: But this first user number that starts with a CT, you're familiar with who is assigned that number, generally, who has that number?

SCURRY: Yes.

FRANK: How do you know that?

SCURRY: It's given to our certain -- everybody has their own specific one, if I needed to query that to find out who it was, it would tell me who their name is. But I also know that that's a call taker based off of the first two letters.

FRANK: And then type, what does type mean? SCURRY: It's the response.

FRANK: So that's outgoing information.

SCURRY: Yes, I believe. I'm not -- I can't -- I don't know exactly know what that means, actually right there.

FRANK: So that first line query, somebody is asking to run a license plate, correct?

SCURRY: Correct.

FRANK: All right. So then the next line, can you describe for the jury then what we're seeing here, all that that's in capital letters.

SCURRY: So everything we write is usually in capital letters. But the first three letters are OTS is our short term for outside. And then just on 38th Street, it's providing the information of where. We try to be as clear as possible and paint a picture. So outside on 38th Street reporting that there's no provided a counterfeit bill to the business.

FRANK: And so is this the information that the call taker provided to you to make the dispatch to officers?

SCURRY: Yes.

FRANK: And as part of this process, does that information also go to the officers in writing?

SCURRY: Yes, all of this information is sent to them when they're assigned the call.

FRANK: So this is available to them in their squad car as well?

SCURRY: Correct.

[12:45:08]

FRANK: And we see then there's a description of the vehicle, correct? Blue Mercedes?

SCURRY: Yes.

FRANK: And then there's an address.

SCURRY: Yes, that is the query information that goes in there. So we can sometimes plates don't match vehicles. It is the reason why we ask along with the license plate, what kind of vehicle are you seeing? So when we run that plate, we can say this is a stolen vehicle. And it doesn't match or the plate doesn't match because it might just be wrong.

FRANK: So here, clear to 2419 Ilion Avenue north, what does that mean?

SCURRY: That is the registered owners address. FRANK: Of the vehicle that's described there?

SCURRY: Yes.

FRANK: All right. And so then, when, well, the next line, no screening questions asked what does that mean?

SCURRY: Due to the pandemic, we have certain questions that we asked. And there were no screening questions asked based off of the person not being the person they're calling about. So the caller ID, as far as we know, they're not going to have contact with but no screening questions, were asked to let the officers know that we don't know if they've had any COVID contact or symptoms.

FRANK: So then taking this information, then did you dispatch a squad car to respond to this call?

SCURRY: Yes.

FRANK: And who did you -- well, first of all, if you could tell us, which sector of the third precinct started, this was the third precinct, correct?

SCURRY: Correct.

FRANK: which sector did you -- with this fall in?

SCURRY: This falls in 320 Sector.

FRANK: And did you In fact, dispatch them to 320?

SCURRY: I originally dispatched this to 330.

FRANK: And why is that?

SCURRY: 320 was not available.

FRANK: And you knew that from your work previous that day?

SCURRY: Yes.

FRANK: OK. And so then you -- did you make an actual dispatch to 330 to respond to this call?

SCURRY: Yes.

FRANK: And so when you do that, make that oral dispatch, you base it off this information that you're reading right here?

SCURRY: Correct.

FRANK: All right. And prior to coming to court, did you have an opportunity to listen to a copy of that call?

SCURRY: Yes.

FRANK: And we played that for you?

SCURRY: Yes.

FRANK: That appeared to be an accurate recording of the actual call that you made?

SCURRY: Yes.

FRANK: And we've marked as Exhibit 10. And Your Honor, we would offer Exhibit 10 at this time?

Can you play Exhibit 10?

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: (INAUDIBLE) is the only available out of your sector to Cup Foods of Chicago 3759 Chicago? 138 they are reporting that there's a person who will use the counterfeit bill in the business. Suspect is a black male, six foot (INAUDIBLE).

FRANK: So just sort of clear, that's not quite the end of the call, isn't it?

SCURRY: No.

FRANK: All right. We will try again and see if we can get the whole thing to play.

UNIDENTIFIED MALE: Big screen. Can you take a moment?

FRANK: So in your call out then you passed along essentially the same information as in the written part we saw in Exhibit 151?

SCURRY: Correct.

FRANK: Slightly different based on just what you're reporting out, correct?

SCURRY: Correct.

UNIDENTIFIED MALE: (INAUDIBLE)

JOHN KING, CNN HOST: You're watching the trial proceedings here. The Derrick -- Officer Derek Chauvin trial. There's been an objection.

[12:50:08]

There's been an objection as they were trying to play first trying to play a 911 reporting dispatch out to the police who responded to the scene at a glitch in the recording. Now the judges listening to the attorneys in the case. He spoke to people in the courtroom beforehand, saying that they would have these white noise conversations, which is what he's having right now.

You see the judge, Judge Cahill listening to the attorneys now, say we're trying to describe the phone call that the 911 call and the dispatch of the officers to the scene on the trial, whether this is a major matter or just one of the usual hiccups that happened in the trial. We will see Laura Coates or legal commentator is with us.

Laura, they were trying to play the entire call, they had an issue with the technology. And then the defense objected when the prosecutor was trying to describe it.

LAURA COATES, FORMER FEDERAL PROSECUTOR: Yes, and this is not uncommon for you to have this sort of procedural machinations process, right? Most people think about justice, think about trials, they're envisioning law and order when everything is the crime is committed, the person is prosecuted, a conviction or acquittal ends up within 55 minutes. In reality, it's a much more elongated protracted portion.

What we're seeing right now here is the process by which you have to do to get evidence introduced. You can immediately say, all right, here's the 911 call or witness, describe what happened or tell me what's going on here. You have to actually get documents in the reason for that is able to use it again later on.

FRANK: All right. Ms. Scurry --

KING: Let's back into the courtroom.

FRANK: -- is appearing with us and everybody, but we'll try Exhibit 10 again. And just before we play it, the first thing that records is actually not your voice. That's just an Electronic Voice marketing the time of the call, correct?

SCURRY: Correct.

FRANK: All right. So we'll try Exhibit 10 again.

UNIDENTIFIED FEMALE: To go for 23 May, 25 2020.

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED FEMALE: 320 data is the only available out of your sector to Cup Foods on Chicago 3758 Chicago. On 38, they are reporting that there's a person who will use the counterfeit bill in the business. Suspect is a black male, six foot (INAUDIBLE), sitting on the hood of a blue Mercedes. License plate Boy, Robert, John, Zero, Two, Six (INAUDIBLE).

UNIDENTIFIED MALE: 1320, could you put the call in pending party (INAUDIBLE).

UNIDENTIFIED FEMALE: Copy (INAUDIBLE).

UNIDENTIFIED MALE: Copy (INAUDIBLE).

FRANK: So that is the total dispatch regarding this incident with the officers out on the street, correct?

SCURRY: Correct.

FRANK: All right. I want to back up and run through this a little bit. And if you can tell us -- so Cup Foods is in which sector?

SCURRY: It's in Sector 320.

FRANK: OK. And you initially call this out to 330, correct?

SCURRY: Correct.

FRANK: Do you recall who was working in 330 that day?

SCURRY: I don't specifically know.

FRANK: OK. And so when you start your shift, you just know there's a car out there. That's 330 you're calling to them?

SCURRY: Correct.

FRANK: And after that, 330 called back and said copy, correct?

SCURRY: Correct.

FRANK: And what does that mean?

SCURRY: It means they acknowledge that they've been given a call.

FRANK: OK. And subsequent to that there was a call from 320, correct?

SCURRY: Yes.

FRANK: And what was the substance of that call?

SCURRY: They said they would take their call.

FRANK: OK. So based on what you knew about 320 being busy, what did you take from that exchange that 320 was not calling in?

SCURRY: That they were able to at least put their call in pending, and then come back to it and then take their call.

FRANK: They also mentioned pending priority nine. What does that mean?

SCURRY: That means that I didn't clear them from their call. Sometimes I will clear a squad for whichever reason, if it's report, advise, to send, there's a multitude of different reasons. And I instead just put it back in pending so they can pick it up later to finish whatever they needed to do.

FRANK: And then 330 ended up calling and saying cancelled. Thanks, 20. Correct?

SCURRY: Correct.

FRANK: What did that mean?

SCURRY: That they were no longer going to be going to the call and to thank them.

FRANK: And so when you're making -- when you're doing that dispatch at some point did you ask to send additional officers there?

[12:55:11]

SCURRY: In the initial one? No.

FRANK: Correct. But did you eventually?

SCURRY: Yes.

FRANK: All right. So if we can go back to 151, please. And again, we'll expand that first page so we can see it easier. You'll see a line at 201008. So that would be 81008, correct?

SCURRY: Correct.

FRANK: And that's your identification number, correct?

SCURRY: Correct.

FRANK: And so what tell us what that line is about?

SCURRY: These are the actions that I did to back the squad 320, up with 330, and then 830.

FRANK: And so when you're saying backed up 320 or 330, what does that mean?

SCURRY: Additional squads are in route.

FRANK: And so did you request that or was that information you've got that they were going to backup 320?

SCURRY: I backed them up.

FRANK: Do you recall why?

SCURRY: I believe I don't remember specifically that I heard something loud in the background, and asked for additional squads until code four.

FRANK: And you did that as well with 830, correct?

SCURRY: Correct.

FRANK: And what is 830 refer to?

SCURRY: Squad 830 is a park squad.

FRANK: And by Park squad, you mean what?

SCURRY: Their Minneapolis Park officer.

FRANK: So it's the park police work for the city of Minneapolis as well?

SCURRY: Correct. FRANK: And so they can respond to calls in Minneapolis, even though it's in the park?

SCURRY: Correct.

FRANK: All right. And so then can you tell us a few lines down at 201102. Do you see that line?

SCURRY: Yes.

FRANK: And describe for us what is listed there?

SCURRY: They are taking one out.

FRANK: OK. And what does that mean?

SCURRY: They are taking a person out of the vehicle.

FRANK: Is that customary for officers to call that in?

SCURRY: Yes.

FRANK: And the right below that is a license plate number, correct?

SCURRY: Yes.

FRANK: All right. And we have removed the identifying information from that, correct?

SCURRY: Correct.

FRANK: That's why there's a gap there. And though there is a street address in Minneapolis, correct?

SCURRY: Yes.

FRANK: And that's on Ilion Avenue.

SCURRY: Correct.

FRANK: Where is that in Minneapolis generally do you know?

SCURRY: That is in the fourth precinct.

FRANK: So which side of Minneapolis is that?

SCURRY: It is on the north side of Minneapolis.

FRANK: And so this information has gone out to the officers as well. That address.

SCURRY: Correct.

FRANK: And then following down to 201221. Do you see that entry?

SCURRY: Yes. FRANK: And can you describe for the jurors what's depicted on that line?

SCURRY: It is squad 320 is code four.

FRANK: And so that means what to you?

SCURRY: CNC.

FRANK: And incidentally, this 2012 is military time. That's 812, correct?

SCURRY: Correct.

FRANK: I suspect you're far more accustomed to translating that than the rest of us.

SCURRY: Pretty much.

FRANK: Yes. And then the next line down. Can you describe for the jurors what's there?

SCURRY: It says 830 is park squad 320. That is when the squad ride (ph).

FRANK: That is not -- what I'm sorry?

SCURRY: The 830 park squad is now with squad 320 at that location.

FRANK: And then if we move down to the next line, full bunch of stuff, they're not really concerned, that's just all coding for some information requested, I assume?

SCURRY: Yes, that is 830, put something in the call.

FRANK: OK. So then we'll move to the next page. And we'll expand this so we can see it. And actually these two pages, we'll probably pull up both at the same time. So we can look at them as we go along.

Drawing your attention to the second line at 202011. Do you see that?

SCURRY: Yes.

FRANK: And can you describe what's listed there? What that line is about?

SCURRY: I believe I heard EMS code two for a mouth injury requested by the squad.

FRANK: And so that's 320 calling in for that, correct?

SCURRY: Correct.

FRANK: And so code two use told us earlier means what?

SCURRY: Non-emergent. FRANK: And then describe for us then what's depicted on the next line at 202135.

SCURRY: Squad 330 requesting EMS code three.

FRANK: So this is --

SCURRY: Upgrade.

FRANK: 330 upgrading the call to code three. Is that yes?

SCURRY: Yes.

FRANK: And so they're asking for the ambulance to come quicker.

SCURRY: Correct.

FRANK: Just to be clear, when we talk about EMS we might think of that as an ambulance, right?

SCURRY: Correct.

FRANK: All right.

[13:00:00]