Prosecutors have suffered a double blow at the start of day five of the Kim Potter trial as they failed in their bid to bring two motions undermining the credibility and limiting the scope of testimony of law enforcement officers.
Yesterday, Minnesota Attorney General Keith Ellison made a bid to question the credibility of police officers' testimony by bringing Potter's role as Police Union President to light.
In a court filing he claimed that the jury could not do their job without an awareness of what he characterized as a source of bias.
Today, in a brief hearing Tuesday morning, Judge Regina Chu dismissed the argument made by Assistant AG Matthew Frank ahead of Day Five of testimony in Daunte Wright's shooting.
Frank attempted to claim that the testimony of former Brooklyn Center Police Sergeant Mychal Johnson could have been bias even though he was not a union member.
Johnson was called as a state witness Friday but told the court that Potter was not only within her rights to use her taser but that, under the circumstances she would have been justified in using lethal force.
According to Judge Chu, 'Here's the problem I see, Former Officer Potter is no longer connected to the police union in any way so witnesses who are testifying couldn't possibly be bias to testify in her favor because of her position.'
She concluded, 'I'm going to find that the question about union membership and officer Potter's former activities are not relevant to show bias. I am denying the motion.'
Kim Potter, 49, is charged with first-degree manslaughter and second-degree manslaughter after fatally shooting Wright on April 11. She's pictured in court on Tuesday
Tuesday morning, Judge Regina Chu dismissed the argument made by Assistant Matthew Frank ahead of day five of testimony in Daunte Wright's shooting
Officer Kim Potter, a 26-year veteran in the force, claims she accidentally shot Daunte Wright (right) when she reached for her gun instead of her taser during a traffic stop over his expired plates in Brooklyn Center, Minnesota
Judge Chu went onto deny a second prosecution bid to limit testimony of law enforcement witnesses. In a notice also filed yesterday the state sought to prohibit attorneys eliciting what they referred to as 'expert opinions' from lay witnesses.
As with the previous motion this seemed a direct response to Johnson's testimony.
And, as with the previous motion, Judge Chu was unconvinced telling prosecutor Erin Eldridge, 'I am not going to tell the jury to disregard [Sgt Johnson's testimony].
Brooklyn Center Patrol Major Mychal Johnson, who assisted officers at the scene on April 11, took the stand on Friday
'When that issue came up, I ruled that police officers can testify about what they have been trained to do under certain circumstances
'I think the state's motion goes beyond Officer Johnson. They're also trying to preclude any of the police officers who will be testifying from eliciting opinions considering whether the use of the taser was appropriate.
'I believe that police officers are entitled to render an opinion on that and it's totally appropriate for them to do that… so I am denying the motion.'
During the morning break Potter officially waived her right to a jury trial on the aggravating factors brought by the state in their bid to secure a longer sentence than the terms suggested by Minnesota state should she be found guilty.
First degree manslaughter carries a sentence of up to 15 years but sentencing guidelines mean that, should she be found guilty, Potter would more likely fact a term of seven years.
The prosecution has already filed a motion pushing for harsher sentences in the event of a guilty verdict.
In a tetchy exchange with the judge prosecutor Matthew Frank insisted that all parties had already agreed that evidence relating to the so-called Blakely factors they have raised would be heard as part of the main trial.
The state has cited two aggravating factors: the risk posed to the safety of others by Potter's actions and her abuse of authority as a licensed police officer.
But today Potter's attorney Earl Gray rejected this saying no such agreement had been made and Judge Chu once again sided with the defense.
While she said she would not go back and exclude any evidence already given, she made it clear to the state that no evidence speaking solely to the aggravating factors, rather than the central facts of the case, would be admissible moving forward.
On Monday the Minnesota AG made a bid to question the credibility of police officers' testimony by bringing Potter's role as Police Union President to light
Attorneys for Potter have once again converted a state witness into one for the defense and elicited the opinion under oath that the ex-cop would have been justified in using deadly force when she mistook her handgun for her taser and shot Daunte Wright on April 11.
Jurors spent the morning hearing from Brooklyn Center PD Commander Garett Flesland, a sometime supervisor of Potter.
Through Flesland, the prosecution had introduced sections of Brooklyn Center PD policy on use of force as well as their code of ethics and the oath sworn by every officer,
Under examination by Assistant AG Frank, Flesland explained that officers were notified of updates in the department policies and had to acknowledge that they had read and understood them.
When it comes to use of force, the department policy states, 'Officers are entrusted to use well-reasoned discretion in interpreting the use of force in each incident.'
Frank took Flesland through the factors used to determine 'reasonableness' and circumstances under which deadly force would be justified.
The jury heard these included, 'to protect the officer or another from death or great bodily harm,' and 'to effect arrest or capture or prevent escape.'
The court also heard that, as a Field Training Officer, Potter was subject to additional training and certification.
Jurors were shown Potter's Taser certification and recertification forms and learned that she received a 'perfect score' on the written test more than once.
As Frank moved through her qualifications, the court also learned that Potter was only certified on the Taser 7 in March, 2021 having completed a transition course from the previous models used by the department.
Frank showed still images from prior incidents from 2016 to 2020 as well as the day of Wright's shooting to establish that Potter wore her taser on her left, or reaction, side and that her Taser was always placed in the holster with the handle to the back.
Flesland told the court that this meant that she would have consistently drawn it with her left hand and not reach across her body to draw it with her right.
But under cross examination Earl Gray established that Potter had only fallen foul of BCPD policies twice in her life – 24 or 26 years ago when she had two car accidents at the start of her career.
And ,just as he had with Patrol Major Mychal Johnson, Gray turned a state witness into a powerful voice for the defense.
Gray put it to Flesland, 'If someone hypothetically is inside a vehicle that's trying to take off and part of his body's hanging out and part of it is in the car that person would be dragged down the road. Correct?'
Flesland agreed, 'Very likely. I would be concerned yes.'
His voice rising in a crescendo Gray laid out the scenario in which, he claims, Potter found herself – with Wright repeatedly resisting, fighting attempts to apprehend him, ignoring her warnings, 'I'm going to tase you…Taser! Taser!' and trying to take off while a fellow officer was half in, half out of the car.
In those circumstances he asked, 'You have the right to use deadly force to save
