Action Error News Today

Compare and contrast the two weapons. they also have access to a laptop. it has the body-camera video downloaded on the laptop but internet access has been disabled. about three hours into deliberations, members of the jury wanted to know the date potter met with dr. miller. you may recall, miller was the psychologist -- the witness the defense called on who talked about action error. during that interview, which was conducted via zoom, potter told dr. miller she didnt make mistakes. john? >> in...

Defense psychologist. the -- the guy that the prosecution argued was, um, the hired gun, you know, testifying just for the purpose of trial. and -- and the jurors asked, um, when was he -- when did he interview potter? and that goes -- translation, you know, that goes to credibility. do we believe what he says about an action error? um, can we believe him? or was he just hired for trial as the prosecution argued? and when you put that together with the other two questions, it tells us that they ...

That. but you know, its so difficult to tell what is going on with the jury. why they are taking so long. um, even though omara-azari dream team with 55-plus years of trial experience cant really say for certain but the three questions that we have gotten over the past thee days -- and we cant forget about question one on monday -- um, are very important. and to me, they are really one compound question. that question on monday was about the testimony of the defense psychologist. the -- the guy ...

Officer like her to make that mistake. theyre struggling with that, which was the reason for the defense in putting on that raw, emotional testimony. unzipping the glock, which was the second question, ana, is so they can actually feel and observe the physical evidence firsthand, not just rely on the testimony they heard, to determine whether, is that mistake reasonable or not? so i think the questions were very telling, and the fact they came up with the first question a couple days ago about t...

Was an action error, you know, anyone -- well, first of all, its not any human. it is an officer of 26 years of experience who has had training and has had certifications and recertifications. so -- um, but it seems to me like it might be working. >> mark, just finally, look, we always talk about the effect weekends have on juries and having them reach a decision. i mean, this is -- this is christmas coming up here. >> theyre -- theyre going to have a decision tomorrow. i hate guessing because w...

Her if you will in front of this jury who had to hear her apology and explanation as best she could give it. >> the prosecution flat out says that a mistake is not a real defense here. >> its not, john. inherent in the crime of manslaughter under minnesota law it is the accidental killing of another human being. you call it accidental or mistaken. you have that mistake in the offense. so a mistake is not a defense to the mistake. it isnt. i think the defense has been quite cleverly misleading in...

This was not putting the wrong date on a check. this was not entering the wrong password somewhere. this was a colossal screw-up, a blunder of epic proportions. >> the defense argued that everybody makes mistakes, even those with years and years of training. and it especially happens in high-stress situations like the one kim potter was in in april. >> in life nobody is perfect. everybody makes mistakes. some of those mistakes are small mistakes, but some of them are very serious. and she obviou...

That police officers can mistakenly draw their guns instead of their tasers in high stress situations, citing a somewhat disputed theory referred to as "action error." that is important because much of this case boils down to how the jury ultimately interprets potters mistake. in their closing arguments, the defense said a mistake is no reason to send someone to prison. >> everybody makes mistakes. nobody is perfect, ladies and gentlemen. this lady here made a mistake, and my gosh, a mistake is ...

Holster, drawing her gun, and pulling it and pointing the trigger. >> and adrienne broaddus joins us now. adrienne, what kind of evidence does the jury have while they are deliberating and what have we heard from them in terms of questions? >> reporter: well, john, members of the jury will be able to hold the gun potter used the day she shot and killed daunte wright. they will also be able to see and feel the taser she intended to grab. its an opportunity for them to compare and contrast the two...

Arthel: and bobby just said that mistake happens all the time were officers mistake their firearm for the taser, that gives me concern if that happens all the time. >> it is a common action error as they call it. i have something more and has been documented before socket happens every single day i dont have the statistics on it. something the police community knows its a problem thats what they have the weapons on the opposite side they have been different colors because theres a recognition fo...