Attorneys argue over need for medical witness during trial in death of Manny Ellis

The defense of the three Tacoma Police officers accused of killing Manny Ellis claimed prosecutors are spinning their wheels in court, saying their expert witnesses keep repeating the same information.

For more than two hours on Tuesday, attorneys on both sides of the aisle argued over witness testimony, but without any jurors in the courtroom.

The defense says they are concerned that this trial is way behind schedule due to the prosecutions' witness list. What was supposed to be a two-month-long trial may now extend into early next year. 

Despite objections, the judge ruled to allow the state’s medical expert to take the stand.

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Doctor Curtis Veal is a pulmonary expert. His testimony focused on Ellis’ ability to breathe during the March 2020 encounter.

"I believe the pressure on the back, made it difficult to impossible for those changes that we outlined, with the intercostal muscles in the ribs, and all that, to work," said Veal.

Tacoma Police Officers Matthew Collins and Christopher Burbank are charged with second-degree murder and manslaughter.

Officer Timothy Rankine, who arrived on-scene after the initial incident, is charged with manslaughter.

"The evidence for difficulty breathing was compromised of his stating that he was unable to breathe, beginning before Officer Rankine arrived but continuing after," said Veal.

Veal said other factors played into Ellis’ struggle to breathe.

"In Mr. Ellis’ case, he had performed some pretty vigorous physical activity. He had methamphetamine in his system, as we know, which is a stimulant increasing your heart rate, your blood pressure, your metabolic rate, and he also had Taser application—and those things altogether would be predicted to increase his oxygen demands," said Veal.

The defense focused a lot of their cross-examination on exactly when Ellis’ body went into a hypoxic state, when his heart and brain were cut-off from oxygen, during the encounter with officers.

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