271

(Whereupon, a bench conference was held
out of the hearing of the jury.)

hearing this question was asked about whether this
officer thought he took a fall or not, that’s speculation
on the officer’s part I think is what he his leading up
to. I object to that line of questioning, it’s pure
speculation.

MR. DOUGLAS DE VLAMING: Ultimately,
Judge, that is where I am going and it is based on the
fact that this officer viewed the actual incident, his
training and experience in the use of force qualifies him
to make a determination on whether or not that type of
force was required to take him down. Judge, he testified
in the injunction hearing that his height is 5’lO”, his
weight is 190. Mr. Howd testified that his height is
5’ll”, and his weight is 210. What he testified to at
the injunction hearing is, would the blow that you
observed have been enough to knock you down. He said no.

You take your victim how you find them. That’s entirely
prejudicial.