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Third Day of Witness Testimony Underway in Chauvin Trial; Defense Cross-Examines Store Worker in Chauvin Trial. Aired 12:30-1p ET
Aired March 31, 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]
ERIC NELSON, DEREK CHAUVIN DEFENSE ATTORNEY: Following the other co- workers, agreed?
CHRIS MARTIN, CUP FOODS EMPLOYEE: Correct.
NELSON: And you would agree that that video sort of showed the three of you almost run out of the store?
MARTIN: Correct.
NELSON: And you were -- you wanted to get them before they drove away, right? Or why would you run the second time?
MARTIN: Correct.
NELSON: I mean, just so they didn't drive away or some other reason?
MARTIN: For sure (ph). Correct.
NELSON: Now in terms of the second exchange at the vehicle, the co- worker went to the driver side at first, right?
MARTIN: Correct.
NELSON: And you stayed back a little bit, right?
MARTIN: Correct.
NELSON: And then you were -- you brought back up to the vehicle, right?
MARTIN: Yes.
NELSON: And you heard what was the conversation. You heard what was being said both by the passenger of the vehicle as well as your co- worker?
MARTIN: Correct.
NELSON: You indicated that the passenger pulled out the other $20 bill, right? MARTIN: Picked up off the ground.
NELSON: Why was it on the ground?
MARTIN: Because he threw it on the ground.
NELSON: All right. The bill that Mr. Floyd used, was that still in the store?
MARTIN: Correct.
NELSON: All right. And so this other $20 bill was throw -- he threw it on the ground, right?
MARTIN: Correct.
NELSON: Your co-worker picks it up. And who ripped it?
MARTIN: The person that was in the passenger seat.
NELSON: Or he handed it -- the -- your co-worker handed it back to him or something? Or did he rip and then throw it on the ground?
MARTIN: The person in the passenger seat ripped the bill, threw it on the ground. (Inaudible) was talking to him and the person talked it up handed it to (inaudible).
NELSON: OK. And again, this conversation was primarily with the drive -- to the passenger of the vehicle?
MARTIN: Correct.
NELSON: And there was a female in the back seat of the car?
MARTIN: Correct.
NELSON: Was she engaged in the conversation at all either?
MARTIN: No.
NELSON: All right. So -- and Mr. Floyd, again, he was not really a part of the conversation at that point either?
MARTIN: Not really.
NELSON: He didn't say -- you don't remember him saying anything?
MARTIN: I would say -- I would say I do not recall.
NELSON: OK. But again, you described his behavior, I think, as kind of just shaking his head, putting his hands up, putting his head back, things of that nature, right?
MARTIN: Correct.
NELSON: All right. The second conversation, was the demeanor of -- or the tenor of that conversation more heated?
MARTIN: Yes.
NELSON: And there was outright refusal by the -- by either Mr. Floyd or his passenger to come back into the store?
MARTIN: Correct.
NELSON: And it was based on that conversation that you decided to -- or it was decided by your manager to call 911?
MARTIN: Correct.
NELSON: And again, you were present and heard the 911 call?
MARTIN: Correct.
NELSON: Now in your initial conversation with agents, when they were asked -- when they were asking you about approaching the vehicle, do you recall describing it as a hot block?
MARTIN: Correct.
NELSON: What does that mean?
MARTIN: A lot of situations happen.
NELSON: And you -- do you recall describing your conversation and the words that Mr. Floyd was having trouble saying?
MARTIN: Correct.
NELSON: Do you remember now today what words Mr. Floyd was having trouble saying?
MARTIN: No.
NELSON: Would it have been baseball? Do you remember saying that? Do you remember -- you don't remember -- would it refresh your --
MARTIN: I do not recall.
NELSON: OK. Would it refresh your recollection to view a transcript of your statement?
MARTIN: Absolutely.
NELSON: I'm on the wrong page, if you can give me just a second. I apologize, I can't find it right now, we'll -- we may come back to that. Do you recall describing some other behaviors of Mr. Floyd while he was in the store?
MARTIN: Correct.
NELSON: And what were those behaviors?
[12:35:00]
MARTIN: He was doing a couple of stretches, like a lunge, kind of.
NELSON: Okay, like kind of stepping forward like this?
MARTIN: No, it was more of a side lunge.
NELSON: So like that?
MARTIN: Correct.
NELSON: So, for the record, I'm standing kind of feet together and stretching over to the side with one leg, right?
MARTIN: Correct.
NELSON: Putting his arms in front of him. And kind of based on your observations of his behavior, his speech patterns, that's what caused you to form the impression he was under the influence?
MARTIN: Correct.
NELSON: Now then you ultimately met with the prosecution team on March 12th in preparation for your testimony?
MARTIN: Correct.
NELSON: And that's when you were able to view some of the videos that we have watched here today?
MARTIN: Correct.
NELSON: And again, there - you understood that there were agents or law enforcement officers that were there at that time?
MARTIN: Correct.
NELSON: Do you recall telling them that you felt that Mr. Floyd couldn't comprehend the conversation?
MARTIN: Which conversation?
NELSON: Your conversation with him.
MARTIN: The first conversation we had?
NELSON: Right.
MARTIN: I do not recall. But if that's on my transcript, that's the way it is.
NELSON: Okay.
You said after that phone call to the police, you didn't see the police kind of come into the store and you didn't deal with them initially, right? MARTIN: Correct.
NELSON: And you had some -- you had some -- you just kind of went back to work, right?
MARTIN: Correct.
NELSON: Dealing with customers, goofing off with your coworkers, kind of just average day, right?
MARTIN: Correct.
NELSON: But then at some point, you noticed there was a commotion outside and you decided to go back outside and see what was going on, right?
MARTIN: Correct.
NELSON: And you said the first thing you did was to call your mom to tell her not to come downstairs?
MARTIN: Correct.
NELSON: And then you walked over and you started recording, right?
MARTIN: Correct.
NELSON: And then after you did some recording you -- you saw your co- worker appear to be pushed by the police officer, right?
MARTIN: Correct.
NELSON: And you got your co-worker, you brought him back inside.
MARTIN: I did not.
NELSON: Your other coworkers kind of went back inside, right?
MARTIN: Correct.
NELSON: And you stayed outside, or it appeared that you walked back to the door and then walked back to the crowd?
MARTIN: Correct.
NELSON: And you described the crowd that they were yelling and screaming?
MARTIN: Correct.
NELSON: And at one point you tried to actually stop someone or -
MARTIN: Hold them back
NELSON: - hold them back.
MARTIN: Correct.
NELSON: And that individual appeared to be pretty angry?
MARTIN: Correct.
NELSON: And you held him back because you didn't want him to get involved?
MARTIN: Yes. Well, I would say not necessarily angry. He had just been pushed so he was kind of defending himself.
NELSON: Okay.
And you kind of just said to him calm down, stand back, right?
MARTIN: Correct.
NELSON: I have no further questions, sir. Thank you very much for your time.
CAHILL: Any redirect?
FRANK: Yes, sir.
Prior to working or during your work at Cup Foods, did they ever like send you to training in how to identify a fake bill?
MARTIN: No.
FRANK: Or just kind of learning from experience?
MARTIN: Correct.
FRANK: When you did interact with Mr. Floyd in the store, what was his demeanor like?
MARTIN: He seemed very friendly, approachable. He was talkative. He seemed to just be having an average Memorial Day just living his life. But he did seem high.
[12:40:00]
FRANK: During the second trip out to the vehicle, it was your co- worker who did the majority of the talking to Mr. Floyd and the passenger?
MARTIN: Correct.
FRANK: So Mr. Nelson asked you to agree that that was a more heated conversation. Was it you who made it more heated or your co-worker?
MARTIN: My co-worker.
FRANK: And Mr. Nelson asked you to agree that there was an outright refusal to come back into the store. Was that an actual wording that was used or was that just Mr. Nelson's words, outright refusal? MARTIN: That was Mr. Nelson's words.
FRANK: So Mr. Floyd did not say to you I'm outright refusing to come back into the store?
MARTIN: No.
FRANK: But to be fair, they were not coming back into the store, right?
MARTIN: Correct.
FRANK: You were asked also about the stretches that Mr. Floyd was doing in the store. And Mr. Nelson demonstrated for us, that was a pretty accurate demonstration of what you saw?
MARTIN: Correct.
FRANK: During that, Mr. Nelson -- I'm sorry -- Mr. Floyd did not fall down?
MARTIN: No.
FRANK: Didn't lose his balance at all?
MARTIN: No.
FRANK: When he indicated he wanted to go buy some cigarettes, you and he both had move down to the cigarette counter, correct?
MARTIN: Correct.
FRANK: And is that what he did? Did he tell you I want to buy some cigarettes?
MARTIN: Correct.
FRANK: Did he tell you what brand he wanted?
MARTIN: I do not recall.
FRANK: We saw you just grab a pack, right?
MARTIN: That could have been the case.
FRANK: And you gave them to him.
MARTIN: Correct.
FRANK: And he provided you money and took the change, right?
MARTIN: Correct.
FRANK: So he was able to complete that whole transaction, correct?
MARTIN: Absolutely. FRANK: And you didn't have to guess at what cigarettes he wanted.
MARTIN: Correct.
FRANK: I have nothing further, Your Honor.
CAHILL: Any requests.
NELSON: Sorry. Thank you. You were asked a couple of questions about the counterfeit bill?
MARTIN: Correct.
NELSON: Is -- do you get a lot of counterfeit bills in that store?
MARTIN: No.
NELSON: Have -- has it happened before?
MARTIN: Correct.
NELSON: And I believe you were previously asked about good counterfeits and bad counterfeits in your statements with police.
MARTIN: I do not recall.
NELSON: OK. Have you seen some bills that are better counterfeits than other bills?
MARTIN: I don't think so.
NELSON: OK.
MARTIN: Not personally, no.
NELSON: OK. But you understood that -- that immediately this was a counterfeit bill.
MARTIN: Correct.
NELSON: Nothing further.
CAHILL: Thanks, sir. You are excused.
MARTIN: Thank you.
JOHN KING, CNN ANCHOR: I'm John King in Washington. You're watching the third day of witness testimony in the trial of Derek Chauvin. He, of course, the former Minneapolis police office charged in the death of George Floyd back in May. Waiting to hear for the -- let's listen in. New witness being called.
Prosecution witness coming into the room. While we wait for this witness to be sworn in, let me quickly bring in CNN legal analyst, Laura Coates. Laura, so far today, Christopher Martin has been the lead witness for
the most of this day. He is the cashier at Cup Foods. As you listened to his testimony about seeing George Floyd in the store, taking the counterfeit $20 bill twice. Trying to get him to come in and make amends. What's your biggest take away?
LAURA COATES, CNN LEGAL ANAYLST: The biggest takeaway is the prosecution strategy by fronting this, having a preemptive strike against whether he was under the influence or whether there was a counterfeit bill involved is then trying to take the wind out of the sales and -- and remove any sort of gotcha moment by the defense to try to put George Floyd on trial.
But keep in mind here that this sets the stage for why the officers are called. It does not go to the meat of the matter of this trial, which is whether the officer -- then Officer Derek Chauvin used excessive and deadly force when the threat had been neutralized and whether that was the substantial causable factor in his death.
[12:45:00]
And so, all of this sets the scene, sets the stage but whether it was a counterfeit bill, his own interaction with George Floyd not relevant because George Floyd remember is not on trial, the witness is not on trial, the other eyewitnesses are not on trial, it is Derek Chauvin. But I will say this, John, one of the things I think it's important to keep in mind is it could change --
(CROSSTALK)
KING: Laura, sorry I need to -- I need to stop you right there, let's get -- I need to take us back into the courtroom, sorry.
FRANK: May 25th of 2020 is that where you lived?
BELFREY: May 25th of 2020 is where I live? No.
FRANK: No, is that where you lived on that day?
BELFREY: Yes, South Minneapolis.
FRANK: OK. And how long have you lived in South Minneapolis?
BELFREY: About three years.
FRANK: And you are -- well, let me ask you this way. Are you familiar with the area of 38th and Chicago?
BELFREY: Yes.
FRANK: And is there a store at one of the corners, at least one of the corners of 38th and Chicago?
BELFREY: Yes.
FRANK: At least on May 25th there was. BELFREY: Yes.
FRANK: And is there also a restaurant there?
BELFREY: Yes.
FRANK: What was the restaurant in that -- at that intersection?
BELFREY: What was it?
NELONS: Yes, what was the name of it?
BELFREY: I really don't know.
FRANK: OK.
BELFREY: To tell you the truth.
FRANK: On May 25th of 2020 did you go to the area of 38th and Chicago to get some food from one of those restaurants?
BELFREY: Yes, yes.
FRANK: OK.
BELFREY: Cup Foods.
FRANK: OK. So, you went to Cup Foods to get food?
BELFREY: Right, but there's another restaurant across the street, I thought you was talking about that one.
FRANK: I was, so my fault.
BELFREY: Right.
FRANK: So, you went to that intersection sometime in the late afternoon, early evening, correct?
BELFREY: Correct.
FRANK: And where did you -- did you drive there?
BELFREY: Yes.
FRANK: Where did you park?
BELFREY: On the corner of 38th and Chicago on the 38th side facing Bloomington, or what's that, Cedar.
FRANK: All right. So, what I'm going to do is I'm going to put up something we've had admitted as exhibit one.
BELFREY: Yes.
FRANK: And that should come up on the screen in front of you. BELFREY: All right.
FRANK: Do you see that photograph?
BELFREY: Right.
FRANK: Do you recognize what is depicted there?
BELFREY: That's 38th and Chicago intersection.
FRANK: All right. And you should have right in front of you a stylus like this, maybe a different color.
BELFREY: Yes.
FRANK: See that?
BELFREY: Yes.
FRANK: What I ask you to do is just for the jurors draw on the screen where you drove up and where you parked on that day.
BELFREY: OK, this way, parked right here.
FRANK: And when you parked there do you recall seeing a vehicle in front of you?
BELFREY: Yes, sir.
FRANK: Do you remember what kind of vehicle that was?
BELFREY: A Mercedes Benz.
FRANK: Do you remember what color it was?
BELFREY: Not right off hand.
FRANK: OK. What style of car or vehicle?
BELFREY: It's like a hatchback Mercedes Benz, like a sports truck or something like that.
FRANK: And when you pulled up there and parked did you see something that drew your attention?
BELFREY: Not right off hand, shortly after yes when two officers was coming across the street, I noticed them coming and they approached the vehicle in front of me. One officer drew a handgun and opened the door and pointed the gun at whoever was in the driver's seat.
FRANK: So in that point in time had you gotten your food already or not yet?
BELFREY: No, no, sir.
FRANK: OK. And so you were just sitting in your car and you see these officers pull up.
BELFREY: Yes, sir.
FRANK: Or walk up, correct?
BELFREY: Right.
FRANK: And after seeing that what happened next?
BELFREY: I -- kind of startled me, you know, from where I'm from when you see a officer --
CAHILL: Stop right there, don't talk about past experience, talk about (inaudible) action ones, thank you.
BELFREY: But it startled me, you know, when I seen the officer raise his gun.
FRANK: So let me just --
BELFREY: I started recording.
FRANK: OK, that's exactly what I wanted to ask about --
BELFREY: All right (ph).
FRANK: -- right. So, at some point, you started recording that?
BELFREY: Right, correct.
FRANK: And that was because of basically what you saw, correct?
BELFREY: Right.
FRANK: All right. And so when you were parked there you started making your recording, correct?
BELFREY: Correct.
FRANK: And some point you stopped the recording?
BELFREY: Correct.
FRANK: Why did you stop that recording at that point in time?
BELFREY: Because I heard more sirens pulling up and I didn't want to be trapped in between the whole commotion of what's going on. I didn't know exactly what was going on as if I didn't want to be in the middle of, you know, a bunch of commotion about what's going on. So I moved across the street.
FRANK: So you moved your car?
BELFREY: Yes, sir.
FRANK: And prior to coming into court today did we show you a copy of that video?
BELFREY: Yes, sir.
FRANK: And did that video truly and accurately represent what you were seeing when you were recording it?
BELFREY: Yes, sir.
[12:50:00]
FRANK: We've marked that as exhibit 35, and Your Honor, I'd offer exhibit 35 at this time.
CAHILL: All hear (ph) 35 is received.
FRANK: OK. Mr. Belfrey, we're going to play that video for you now and then we'll ask you some questions about it either during or after, OK?
BELFREY: OK.
FRANK: Now when you were making that recording, do you recall if your window was down in your truck (ph) -
BELFREY: Yes. Yes, sir.
FRANK: So we were able to hear some of it on the video. Were you able to hear it better sitting there in person than what the video -
BELFREY: I vaguely heard most of it.
FRANK: What were you kind of hearing?
BELFREY: I heard him asking him to let me see your hand. He was saying please something about been shot or something before police told (ph) something like that. And at that time that's when I heard the sirens pulling up and then pulling him out, and that's when I went to back up and turnaround.
FRANK: OK, so - and so, I'm going to go back now to exhibit 1. We'll put that up again, and again if you would take the stylus and just kind of show the jurors where you went when you moved your vehicle.
BELFREY: Backed up and I moved the vehicle there.
FRANK: So for the record you're showing that you moved from the Dragon Walk side of 38th to the Cup Foods side of 38th, correct?
BELFREY: Yes, sir.
FRANK: And when you got over there, what did you do?
BELFREY: I continued to record.
FRANK: And were you - well you started recording again, correct?
BELFREY: Right.
FRANK: And when you were recording, did you have somebody in the car with you?
BELFREY: Yes, my fiance. Well she was in the car - in Cup Foods getting the food, so by the time I turned around she came out and got in the car.
FRANK: And so, during that recording some conversations between you and her were also recorded.
BELFREY: Yes, sir.
FRANK: And so, did you start recording then at that point?
BELFREY: Yes, sir.
FRANK: And prior to coming into court did you also have a chance to review that video?
BELFREY: Yes, sir.
FRANK: And it appears to be a true and accurate copy of the actual video you made?
BELFREY: Most definitely.
FRANK: Now, I will tell you that we have deleted the audio from this video.
BELFREY: Yes, sir.
FRANK: The conversation that you and your fiance had is not important. It's the video.
BELFREY: Right, it shouldn't be (ph).
FRANK: OK? And so - and we have marked that as exhibit 36. We would offer it at this time.
CAHILL: Any objection?
UNIDENTIFIED MALE: No, Your Honor.
CAHILL: 36 is received.
FRANK: All right, so now we'll show exhibit 36.
[12:55:00]
(BEGIN VIDEO CLIP: EXHIBIT 36)
(END VIDEO CLIP: EXHIBIT 36)
FRANK: Now I'd ask to pause it right here please. And there's no timestamp on the video, so we will do our best to describe it. Oh, there is a timestamp on the video. This will be approximately 26 seconds. Do you see that?
BELFREY: Yes (ph).
FRANK: All right. And what you're seeing here, obviously there are two officers -- well there are now three officers on the scene, correct?
BELFREY: Correct.
FRANK: And the original two officers are in the view. And one of the officers is with the individual sitting on the ground, correct?
BELFREY: Correct.
FRANK: The individual sitting on the ground, do you recall seeing him from when you were parked behind the Mercedes before?
BELFREY: Correct.
FRANK: Who was -- where was that individual when you were parked behind the vehicle?
BELFREY: He was in the driver seat.
FRANK: So, that's the same individual that in the video -- prior video had been removed from the driver's seat?
BELFREY: Correct.
FRANK: And did you see while you were moving the car how those two officers and that individual went from the Mercedes in the prior video to where they are now?
BELFREY: Correct.
FRANK: How did that happen?
BELFREY: They brung him out, walked him over to the sidewalk, sat him down. One officer then went over to the other people that was in the vehicle and started asking them questions.
FRANK: And then the other officer had the driver sit on the ground there where we see him now?
BELFREY: Correct.
FRANK: All right. So then we'll continue to pay exhibit 36 please. So exhibit 36 has ended. And you stopped filming at that moment?
BELFREY: Yes sir.
FRANK: And why did you stop recording that?
BELFREY: I'm slightly still kind of scared, nervous that one of the officers kept staring at me like while I was recording, so I kind of put it down and then I went to record again. But I was like I really don't want any problems. So, I stopped recording.
FRANK: At that point did you think that this incident with this individual and the officers was over?
BELFREY: Somewhat. I seen -- when I stopped recording I drove towards the corner as they crossed over with George, the two officers that came and approached him in the first place. They went to walk him across the street. Then when we went to turn to go back home we seen them placing him the police car. So, that's all I seen and I kept on driving. I thought he was detained. I thought it was over. So I kept on going home.
FRANK: Now you referred to George.
BELFREY: Yes.
FRANK: Who do you mean by that?
BELFREY: I felt that George was detained.
FRANK: OK. But, when you use the name George, this individual who was removed from the SUV, the Mercedes, did you know that gentleman?
BELFREY: No, not at all.
FRANK: Have you subsequent to this learned who that was?
BELFREY: Yes sir.
FRANK: Was that George Floyd?
BELFREY: Yes sir.
FRANK: All right. So, you say them moving Mr. Floyd after you stopped recording?
BELFREY: Right. Yes sir.
FRANK: OK (ph). So, I'm going to put exhibit one back up, please. And if you would, again, show the jurors, you know, where you saw them -- well let's -- if you would just put an X on here where you were parked when you made that second video. Do you know what I mean?
BELFREY: Yes (ph). Oh.
(OFF-MIKE)
FRANK: Try again.
[13:00:00]
