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Honoring Capitol Hill Officer "Billy" Evans; 12th Day of Testimony in Derek Chauvin Murder Trial; Defense Begin Calling Witnesses In Chauvin Murder Trial; Fifth Officer To Arrive On Scene At Cup Foods Testifies. Aired 12-12:30p ET

Aired April 13, 2021 - 12:00   ET

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


[12:00:00]

JOHN KING, CNN HOST: I'm John King in Washington. Welcome to our viewers in the United States and around the world. You're watching the closing moments here of an incredibly moving ceremony at the United States Capitol Officer William Evans, who was killed earlier this month lying in honor at the United States Capitol.

You see his colleagues on the Capitol Police Force there paying tribute his family members, including his two young children just moments ago passing by that casket the President of the United States now paying his last respects and the Speaker of the House standing behind the President, all part of replaying ceremonies earlier.

Officer Evans age 41 died a hero protecting the United States Capitol. An 18 year veteran of the Capitol Police Force, died back on April 2nd, when a man now in custody intentionally rammed the blue sedan into - I'm sorry that suspect later died at the hospital.

You see the Senate Majority Leader and the Senate Minority Leader, the Speaker of the House, the House Republican Leader now paying final respects to Officer William Evans in this moving ceremony at the United States Capitol.

Now transition for us we're going to take you now momentarily back live to Minneapolis as we watch this ceremony play out. Officer Evans data hero on trial right now in Minneapolis is an officer that the State of Minnesota says is a murderer.

Derek Chauvin, of course on trial in the death of George Floyd, you see right here, this is Officer Peter Chang. He has been called as a defense witness. He was the fifth officer responding to that scene back in May on the death of George Floyd. Let's listen into the trial.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: So we're calling - how are you if were related to Floyd? How you know how?

UNIDENTIFIED FEMALE: He used to do security work at the Salvation Army.

UNIDENTIFIED MALE: How do you know him?

UNIDENTIFIED FEMALE: I don't know. I'm telling you out.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED FEMALE: Security--

UNIDENTIFIED MALE: So how - are you guy's together mate?

UNIDENTIFIED FEMALE: Who's getting it right now?

UNIDENTIFIED MALE: I - you two are together.

UNIDENTIFIED FEMALE: No. I stay with him in the store too. But that's my eggs.

UNIDENTIFIED MALE: How do you two know each other? How do you not know him when he said he's with you?

UNIDENTIFIED FEMALE: No - he's getting driving him so he told me come on. He'll give me a ride.

UNIDENTIFIED MALE: OK. OK. Just stay put then. How - that's good.

UNIDENTIFIED FEMALE: Is this how - you?

UNIDENTIFIED MALE: Stay put, all right.

UNIDENTIFIED MALE: (Inaudible)

[12:05:00]

UNIDENTIFIED MALE: He's make it more difficult. He's making it more difficult.

UNIDENTIFIED MALE: He got his secret he was found in asleep and woke up.

ERIC NELSON, DEFENSE ATTORNEY: Officer, do you see the individual on the left hand walking by?

PETER CHANG, MINNEAPOLIS PARK POLICE OFFICER: Oh, yes.

NELSON: You had no interaction with her at this point?

CHANG: No.

NELSON: You'd agree that this is at 1:23 at 17Z of your body camera production?

CHANG: Yes. UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: He was at him.

UNIDENTIFIED FEMALE: That's me - my phone.

UNIDENTIFIED MALE: He was out getting a laptop in - work, so he gave me my phone back.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: You can come in and hang and talk to him.

UNIDENTIFIED MALE: OK, sure.

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: Where is it? What is it?

UNIDENTIFIED MALE: --man.

UNIDENTIFIED MALE: Where is it? Go ahead. Go ahead. Just make it quick. Face me. Face me.

UNIDENTIFIED MALE: That's good.

UNIDENTIFIED MALE: You guys - no worries.

UNIDENTIFIED MALE: That's good. You guys who may know. He has no - warrants and nothing. And after all this is set - he has to go to walk.

UNIDENTIFIED FEMALE: All this is subtle, can't you just ask him.

UNIDENTIFIED MALE: Can't you hear - talking going over there? I can see him yelling, talking--

UNIDENTIFIED FEMALE: Can't talk to the store person?

UNIDENTIFIED MALE: I'm waiting for my partners. Go talk to my partners and see what's up.

UNIDENTIFIED MALE: He said he knew him -

UNIDENTIFIED FEMALE: I know very well.

UNIDENTIFIED MALE: Floyd. You know Floyd?

UNIDENTIFIED FEMALE: Yes - I know the people in the store available.

UNIDENTIFIED MALE: OK, that's good.

UNIDENTIFIED FEMALE: --next Door 2330 Washington Street. There's a black male -

UNIDENTIFIED MALE: All right, here is the door. UNIDENTIFIED MALE: All right. It's good. That's it Ricardo just a door, right?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Nobody's come close to us so right now we only a -- . So right now, nobody's coming close to us. So we're good with the mask.

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: Is it a white girl?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Are you sure?

UNIDENTIFIED MALE: Yes, right here.

UNIDENTIFIED MALE: Stay put guys. All right, want to be involved in that?

UNIDENTIFIED FEMALE: --all right -

UNIDENTIFIED MALE: All right, stay here right?

UNIDENTIFIED FEMALE: Thank you so--

UNIDENTIFIED FEMALE: --330 - at Portland in--

UNIDENTIFIED MALE: Oh, no -

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: Always - just move --. Let's see Mr. Cheng--

UNIDENTIFIED MALE: Stay put here. I told my - and I'm done over there. They can figure things up. We'll figure things all right. Right now we're grabbing an avalanche for your buddy for Florida. So he might have hurt himself. He might have hurt himself, all right. Who knows?

UNIDENTIFIED FEMALE: Can I just see what - did to him?

[12:10:00]

UNIDENTIFIED MALE: Mr. Warner (ph) stay away OK.

UNIDENTIFIED MALE: Are you on the ground?

UNIDENTIFIED FEMALE: Yes.

UNIDENTIFIED MALE: Where?

UNIDENTIFIED FEMALE: Right here. I'm starting to see--

UNIDENTIFIED FEMALE: (Inaudible) UNIDENTIFIED MALE: What's that?

UNIDENTIFIED FEMALE: As - wanted a--

UNIDENTIFIED MALE: OK, stay put. We'll figure it out right. I'm not getting - no promise.

UNIDENTIFIED FEMALE: Why is he going - ask him?

UNIDENTIFIED MALE: --you're not helping. Was our partners - made to you guys OK.

UNIDENTIFIED MALE: --vehicle on with a can. He's had -

UNIDENTIFIED FEMALE: I'll--

UNIDENTIFIED FEMALE: We need his phone.

UNIDENTIFIED MALE: Where is his phone?

UNIDENTIFIED FEMALE: It's in the car.

UNIDENTIFIED MALE: Take the car again off I don't want to reach in a car guy.

UNIDENTIFIED FEMALE: He's right here in the seat.

UNIDENTIFIED MALE: He'll get to his car once he's done with that OK? His car is not going anywhere. Don't go into a car.

UNIDENTIFIED MALE: He is depressed--

UNIDENTIFIED MALE: I don't want you guys go into the car that's it.

UNIDENTIFIED MALE: I don't know.

UNIDENTIFIED MALE: Once - foreigners come over here you guys can ask right? Why? Go straight man. It's tight here. Yes good. I don't know.

NELSON: Officer Cheng you're pausing the video for a second. You'd agree that the ambulance appears to be leaving at 1:30 21Z on your body worn cam?

CHENG: Yes.

UNIDENTIFIED MALE: Sorry for -

UNIDENTIFIED FEMALE: --callbacks

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: Here's a book - are you guys go with - I'm going to double check it.

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: Here is a book. His phone - he's already gone. He doesn't need his phone. Is that his phone? Put his phone back.

UNIDENTIFIED MALE: Yes, put his phone back. He's going to--

UNIDENTIFIED MALE: He's gone over - he left to hospital.

UNIDENTIFIED FEMALE: Are you sure?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Put his phone back that's it.

UNIDENTIFIED MALE: You might - them back.

UNIDENTIFIED MALE: Now I--

UNIDENTIFIED FEMALE: What have you done--

UNIDENTIFIED MALE: I didn't talk to -

UNIDENTIFIED MALE: Is he an animal?

UNIDENTIFIED MALE: No.

UNIDENTIFIED FEMALE: No, that man took--

UNIDENTIFIED MALE: He may call his friend.

UNIDENTIFIED MALE: Suppose - is that--

UNIDENTIFIED FEMALE: What have--

UNIDENTIFIED MALE: All right.

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: Let's ask his partner--

UNIDENTIFIED MALE: He--

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: He said--

UNIDENTIFIED MALE: They kept it--

UNIDENTIFIED MALE: They kept it.

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: Go and get in the car.

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: Get in the car - because I know--

UNIDENTIFIED MALE: I don't even think from them. UNIDENTIFIED MALE: They're good.

UNIDENTIFIED MALE: Yes, OK.

UNIDENTIFIED MALE: He said he is good, but I'm not too sure about that.

UNIDENTIFIED MALE: --car, can I check--

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: OK.

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: Let me try, if I get on phone. I can call him and tell you sir.

UNIDENTIFIED MALE: The car is going to be stay put right here. So we can figure it out.

UNIDENTIFIED FEMALE: Well, you better luck because it's - right there.

UNIDENTIFIED MALE: Stay put. My car is going to come back. I know what the plan is with the car.

[12:15:00]

UNIDENTIFIED MALE: You might - get his phone.

UNIDENTIFIED MALE: I don't want you guys touching the car.

UNIDENTIFIED MALE: (Inaudible)

NELSON: Officer Chang do you agree that the timestamp on your body worn camera when the fire truck arrives is 1:32 and 50 seconds Z, correct?

CHANG: Yes.

UNIDENTIFIED MALE: I don't - different call?

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: OK. I think this car - I think - they were - the doors were open so--

UNIDENTIFIED MALE: (Inaudible)

UNIDENTIFIED MALE: OK. Are you still all right?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED FEMALE: (Inaudible) UNIDENTIFIED MALE: --36?

UNIDENTIFIED FEMALE: (Inaudible)

UNIDENTIFIED MALE: (Inaudible)

NELSON: Officer Chang do you agree that now the fire truck appears to be leaving, correct?

CHANG: Yes.

NELSON: Timestamp on your video is 1:35 06Z, correct?

CHANG: Yes.

NELSON: Are subject to the court's ruling. Now few follow up questions here Officer Chang for you. It seems to me that you're walking around quite a bit. Can you explain why?

CHANG: It's pacing back first to make sure that is I mean, - officer safety because of the crowd. So just want to make sure that officers were OK.

NELSON: Did you observe other people at other locations besides where Mr. Floyd and the officers --?

CHANG: You say at least one to every corner of the intersection?

NELSON: Did you observe people standing in the speedway parking lot?

CHANG: Yes.

NELSON: And there were one or two people on the corner where you guys were?

CHANG: Yes.

NELSON: And at least one person across the street to the west, right?

CHANG: Yes.

NELSON: Southwest corner. Now in terms of the general area, would you describe that as a pretty busy intersection?

CHANG: Yes. Traffic and foot traffic, yes.

NELSON: So a fair number of cars vehicles traveling through that intersection?

CHANG: Yes.

NELSON: As well as fair number of people on bikes or on foot walking past?

CHANG: Yes.

NELSON: All right. Ultimately, did this pretty much end your involvement in this case?

CHANG: Yes.

NELSON: So you pretty much went back to your regular duties with the park police, correct?

CHANG: Yes.

NELSON: All right, based on that here, and I have no further questions.

[12:20:00]

UNIDENTIFIED MALE: Cross examination.

MATTHEW FRANK, PROSECUTING ATTORNEY: Good morning Officer Chang.

CHANG: Good morning.

FRANK: Just a few follow up questions for you. In the video we just watched at one point when you were talking with officer Tao. It sounded to me like you asked him still read?

CHANG: Yes.

FRANK: What is that what you said?

CHANG: Yes.

FRANK: What does that mean?

CHANG: His body cameras so on.

FRANK: And so you're asking him if his was on?

CHANG: Yes.

FRANK: That's because you had yours on still.

CHANG: Yes.

FRANK: And so Officer Chang when you're working for the Minneapolis park police, you go through the academy with city police recruits, correct?

CHANG: Yes.

FRANK: And at that point, when you're going through the academy, do you know whether you're going to end up in the park police or the city police?

CHANG: When you first start the academy, you already know who you're working for. Yes.

FRANK: So, as far as you know those recruits, you could be working with them someday in the future. CHANG: I guess on a straight. I mean, we patrol the same area or

precinct --.

FRANK: Right. But when you start you couldn't have being a city officer just like them?

CHANG: No.

FRANK: OK.

CHANG: So when initially when you first start, I guess you're already getting the offer from the employer. So already we see the offer from Minneapolis park police prior to start the academy.

FRANK: OK, now I got it. So when you're in the academy, you know, you're going to be park police and the others may be city police.

CHANG: Yes.

FRANK: All right. But when you get out there on the streets, while you monitor the parks, you also have authority to assist with calls outside of the parks.

CHANG: Yes.

FRANK: So in terms of an average shift, let's say, you know, how often do you do this where you assist on a city police call?

CHANG: Not often unless we're close by as we don't I guess there are no calls at the parks. But we pretty much keep you busy with the park system.

FRANK: But if - but you know if you self assigned to help a city call, you're not going to get in trouble from your supervisor for that.

CHANG: No.

FRANK: Because that's all part of your responsibilities. You're allowed to do that.

CHANG: Yes.

FRANK: And in fact, when you're doing that, when you're working out in the park police, you have the same radio traffic; you're able to hear the same radio traffic as the city police officers.

CHANG: Yes.

FRANK: And in fact, I think we heard you refer to the city officers here as your partners, correct?

CHANG: Yes.

FRANK: So when you're there, you look to them as your partners and working the same?

CHANG: Yes.

FRANK: And you would suspect that they feel the same way about you, I assume.

CHANG: Yes.

FRANK: And with this particular call, you heard a request for backup. Right, on this call?

CHANG: Yes.

FRANK: And because you heard some noise in the background, you decided initially to go lights and sirens.

CHANG: Yes.

FRANK: And self assign I think was the term you use?

CHANG: Yes.

FRANK: OK. And at some point though, on your way there, you turned off your lights and sirens, right?

CHANG: Yes.

FRANK: OK. And that was before you actually arrived.

CHANG: Yes.

FRANK: And when you arrived, I think we even heard as you're pulling up, the officers already assigned, called code for correct?

CHANG: Yes.

FRANK: And what is your understanding are back on May 25 of 2020. What was your understanding about what code for means?

CHANG: Scene safety.

FRANK: So it's under control, correct?

CHANG: Yes.

FRANK: Right. And when you got there, you got out of your squad car. Correct?

CHANG: Yes.

FRANK: And you see two city officers?

CHANG: Yes.

FRANK: And one who you later find out as Officer King?

CHANG: Yes.

FRANK: Is speaking with Mr. Floyd.

CHANG: Yes.

FRANK: And Mr. Floyd is sitting on the sidewalk against the dragon walk.

CHANG: Yes.

FRANK: He doesn't appear to be threatening in any way at that time does he?

CHANG: No.

FRANK: Doesn't appear to be agitated or upset in any way at that time.

CHANG: No.

FRANK: So right there sitting on the sidewalk, he was pretty peaceful.

CHANG: Yes.

FRANK: And when that happened, you never heard the officers call for a code three, two--

[12:25:00]

FRANK: You never heard the officers call for a code three to other officers responding.

CHANG: No.

FRANK: So he did not call the code three, correct?

CHANG: No.

FRANK: That's why we're doing this question thing. You heard later there was a call for code three on the ambulance DMS, correct?

CHANG: Yes.

FRANK: But there was never a call for code three for the responding officers?

CHANG: I don't believe so. No.

FRANK: And when you arrived and got out, I assume you're trained to assess the situation, correct?

CHANG: Yes.

FRANK: And you did that as you're getting out of your squad car?

CHANG: Yes.

FRANK: And when you did that, did you hear officer King ask Mr. Floyd for his name. CHANG: I did, yes.

FRANK: And you heard Mr. Floyd give his full name.

CHANG: Yes.

FRANK: Spell it.

CHANG: Yes.

FRANK: And his date of birth?

CHANG: I believe so, yes.

FRANK: And then you were asked to run that through your system. And you were able to do that correct?

CHANG: Yes.

FRANK: So then you observed as the Officers Lane and King walked Mr. Floyd over to their squad car, correct?

CHANG: Yes.

FRANK: And that's when you decided to move your squad car over to that area, correct?

CHANG: Yes.

FRANK: And your intention there was to help those two officers with what they were doing?

CHANG: Correct.

FRANK: But as soon as you got out, they asked you to go watch the scene by the drag and walk with the two passengers.

CHANG: Yes.

FRANK: And you did that you then walked back over to that location?

CHANG: Yes.

FRANK: And once you walk back over there, you really couldn't see what was going on with Officers Lane and King and Mr. Floyd in front of the --.

CHANG: I believe at that time, there were so - still had Floyd against the car. I believe during that time, yes.

FRANK: OK, so against the driver's side of their squad car.

CHANG: I believe so, yes.

FRANK: But once you walked over to the fire side of the road over by the dragon walk, you could no longer see what was going on with Mr. Floyd?

CHANG: Yes, yes.

FRANK: You indicated that the crowd was getting louder and more aggressive, correct?

CHANG: Yes.

FRANK: And - but you knew that there were now four officers over at that scene, correct?

CHANG: Correct.

FRANK: And so your main focus was on watching those passengers?

CHANG: Yes, in the car.

FRANK: And you assumed when you were doing that, that those four officers were OK over there, because there were four of them, correct?

CHANG: Yes.

FRANK: And if they had radioed for help, you would have heard it over your radio?

CHANG: Yes.

FRANK: And they never radioed for help. Did they?

CHANG: No.

FRANK: I have no further questions your honor.

UNIDENTIFIED MALE: Anything further?

UNIDENTIFIED MALE: Thank you. You're excused.

UNIDENTIFIED MALE: There was a - we're going to take a 10 minute break while we check the availability of the next witness. It'll probably be our last break before we break for lunch.

(END VIDEO CLIP)

KING: A 10 minute break here you see Judge Peter Cahill telling the jury telling those in the courtroom, a 10 minute break and the trial of Derek Chauvin on trial of course in the death back in May of George Floyd in Minneapolis.

You just heard from Officer Peter Chang of the Minneapolis park police. He is the fourth defense witness the defense beginning its case today, after the prosecution rested earlier this morning.

Let's bring in our Law Enforcement Analysts and Legal Analyst who've been watching this including Laura Coates, a former federal prosecutor and Charles Ramsey, the former chief of police here in Washington, DC and the police commissioner in Philadelphia.

Laura, so the defense begins its case with Officer Chang. They wanted to show they got the judge's ruling to show his body camera footage, including a lot of time at the scene.

I'm trying to get your perspective on what you think the defense is trying to prove here by showing the crowd, showing the passersby, showing the moments yes, when Mr. Floyd was there with the Police Officer Chauvin kneeling on his neck and the other officers, but then also an extended period of time after, why in your view?

LAURA COATES, CNN LEGAL ANALYST: You know, I'm actually confounded John as to why this strategy they feel is effective and doing anything besides moving the needle in favor of the prosecution. What we've learned this morning alone is that you've got an officer who had a previous encounter with George Floyd where George Floyd survived deadly force did not and was not used.

You have a paramedic talking about how he was able to be coherent, did not have a complaint at the heart trouble that we spoke about in the past. And now we've got a fifth officer. Remember that's important here.

Derek Chauvin is on this - is on trial right now. Three others are going to be tried later on this year, but we know he's a fifth officer available.

[12:30:00]