Judge Denies Defense Motion for Mistrial in Potter Case
Day two of testimony in the Kim Potter trial included the girlfriend of Daunte Wright, who was sitting in the passenger seat of Wright’s vehicle at the time of the shooting. In the afternoon, officers and paramedics who tried to resuscitate Daunte Wright testified. Following that testimony, the defense moved for a mistrial.
Potter, a 26-year-police veteran, is the former Brooklyn Center officer who fired the fatal shot that killed Wright on April 11 following a traffic stop. She is charged with first- and second-degree manslaughter.
Judge denies motion for a mistrial
Attorney Paul Engh, who represents Kim Potter, made a motion for a mistrial late Thursday afternoon saying evidence and testimony submitted Thursday “had little relevance” to the case.
On Thursday, the court heard testimony on the car collision involving Daunte Wright’s vehicle and the vehicle driven by an elderly Brooklyn Park woman. The court also heard from that woman’s daughter as well as testimony from officers who weren’t at the initial traffic stop and paramedics who responded to the scene.
“We spent an unending, it seems, amount of time, on that aspect of the case without any time addressed to the gravamen of why we’re here,” argued Paul Engh.
Engh continued, “I didn’t see any evidence directed toward the proof of guilt today, but rather evidence of sorted pictures and prejudicial impact that had little relevance.
“What really matters in the case, which is whether the state can prove the elements of the offense. Therefore I move for a mistrial,” said Engh.
The state plans to seek a lengthier sentence for Potter, which requires the state to file what’s called a Blakely notice.
“Her conduct presented danger to more than just the individuals in the immediate area,” argued Matthew Frank, assistant attorney general.
Frank said the testimony Thursday is needed for “proof of that Blakely factor”
Hennepin County District Court Judge Regina Chu denied the motion for a mistrial, with testimony resuming at 10 a.m. Friday.
Officers, paramedics testify
Officers and paramedics who tried to revive Daunte Wright testified on the efforts made to save Daunte Wright after he was shot in the chest.
Champlin police officer Dan Irish, who has advanced medical training, was returning from the Hennepin County jail at the time of the shooting. He heard a call of “shots fired” and responded to the scene when he heard backup was needed.
The prosecutors had Irish watch the resuscitation effort, which included use of a LUCAS device, a type of chest compression system.
The device did not recommend performing a shock, which likely meant that Wright could not be resuscitated. Irish said he continues chest compressions even if the device does not recommend doing so.
“You did everything you possibly could to save his life?” asked Earl Gray, Potter’s attorney upon cross-examination. “Yes sir,” replied Irish.
Brooklyn Center police officer Jeff Summers, a certified first responder and a former Marine, also provided CPR to Wright, according to court testimony Thursday.
Mike Morelock was one of three North Memorial Medical Center paramedics to arrive at the scene and directed police to continue compressions.
“I observed he did not appear to breathing. I also observed as the police officers were ventilating him with a BVM, which is the device use to ventilate patients,” Morelock said.
Morelock checked arteries on the right and left side of Wright’s neck for a pulse, but could not find one.
“When we arrive on a scene and the individual does not have a pulse, recusitating those patients are very, very low,” Morelock said.
Daunte Wright’s girlfriend testifies
The girlfriend who testified, Alayna Albrecht-Payton, 20, says she met Daunte Wright through social media and had known him for about two to three weeks. Albrecht-Payton said she was not the woman with a court order of protection against Wright. She said there was no weapon in Wright’s white Buick.
Albrecht-Payton said she and Wright smoked marijuana together before they went out to Daunte Wright’s mother’s house. She said she believed the marijuana didn’t affect him. The two then went to gas and a car wash before they were pulled over, according to court testimony on Wednesday.
At the time of the traffic stop, Albrecht-Payton noted how “scared” and “nervous” Wright was.
“I was really and scared,” said Albrecht-Payton, also revealing she didn’t have a good past with police.
Albrecht-Payton mentioned her father had encounters with police. She didn’t recall the moments when Daunte Wright got back into the vehicle as officers tried to arrest him or whether the vehicle was on or off.
“I don’t remember the scuffling,” she said.
As the vehicle pulled away from the arrest scene, Albrecht-Payton said she vividly remembers that Wright’s hands were never on the steering wheel, but his foot was on the gas, when Wright’s vehicle crashed into a vehicle driven by Patricia Lundgren, 84 of Brooklyn Park. Lundgren didn’t sustain any injuries, but her husband, who was a passenger, did.
Albrecht-Payton said she suffered a concussion, a severed lip and a broken jaw in the crash. She immediately tried to find any article of clothing or blanket to press against Wright’s chest.
“I replay that image in my head daily,” she said crying on the stand.
Albrecht-Payton connected with Daunte’s mother, Katie Bryant, via Facetime.
“She was asking what happened, and I was delirious, and I was just screaming, like ‘They shot him, They shot him” and I pointed the camera on him and I was so sorry,” said Albrecht-Payton sobbing on the stand.
Patricia Lundgren’s vehicle, which collided with Daunte Wright’s vehicle after the shooting
No License, No Insurance
During the first day of testimony on Wednesday, it was revealed that Daunte Wright did not have a driver’s license nor insurance when he was driving. Officer Anthony Luckey, who was in the squad with Potter, said he starting following Wright’s vehicle when a right blinker went on in a left turn lane.
After pulling over Wright, Police determined that Wright had an outstanding warrant for illegal gun possession and an order of protection against him filed by an unnamed woman.
Wednesday’s testimony also included Katie Bryant, Daunte’s mother, who has identified herself previously as Katie Wright.
Police bodycam and dashboard video was played that captured the moments leading up to and after the shooting. One of the videos showed Potter sobbing inconsolably with her face in the grass and officer Luckey patting her on the back, saying “Just breathe.”
