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Parker's first trial ended early last month with a hung jury, as the jury split 10-2 in favour of acquittal.
"Then Parker starts threatening Mr. Patel," said Posey, introducing a new line of argument. Posey told the jury how Parker ordered Patel to stop jerking around although Patel appears to be standing still.
"Mr. Parker kicks Mr. Patel's leg out from under him and at the same time pushes his head and shoulders full force into the frozen ground," said Posey.
Defence attorney Robert Tuten, on the other hand, told the jury that the escalation of force was largely the fault of Patel.
"When you come to the US we expect you to follow our laws and speak our language," said Tuten. "Mr. Patel bears as much responsibility for this as anyone."
Patel speaks Gujarati and has testified he does not understand English. But Tuten said Patel understands the word "stop," yet he walked two steps, then seven steps and then nine more steps as police attempted to question him.
Patel, who had visited his son off and on and had spent about eight months in the US before the Feb 6 takedown recognized the police, but walked off anyway, he said.
Tuten argued that police can't know if a person is reaching for a gun or a knife or a razor blade. He said police are trained to control the hands for officer safety.
"There are people out there in the world that will kill a police officer just because they are a cop," Tuten told the jury.
The injuries were unfortunate, but the takedown was not criminal, said Tuten, echoing his opening from last trial: "From the very beginning, let me say this a tragic situation and everybody feels real bad for Mr. Patel."
He added: "It's unfortunate that he didn't speak English. But in America that's the language that we speak."
Federal prosecutors told the jury that Parker didn't bring up whether Patel put his hands in his pockets until after he had to explain the awkward leg sweep.
Posey asked the jury to review the evidence and decide whether there was any danger to the officer.
"In this case, the evidence will show that Parker's use of force was unreasonable and he knew it."
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