City files new motion in Derek Williams wrongful death case

UPDATE:

Late Monday afternoon, the City of Milwaukee filed a motion in federal district court that could delay the trial concerning the in-custody death of a Milwaukee robbery suspect. 

It happened after an update with CBS 58 news and an attorney representing the man who died. 

ORIGINAL:

A federal judges says a lip reader can testify to what he believes Derek Williams said in the back of a Milwaukee Police Squad car before his death back in 2011.

"There's a period of time where there's just visual," explained Williams family attorney Jonathan Safran. "The lip reader was able to find out and one of things he says is I'm going to die." 

The civil rights trial is set to begin in federal court August 28th.

CBS 58 News has made the decision only to show portions of the video the night Williams was detained by police investigating a robbery report.

They had chased after him for several minutes in the neighborhood.

Williams appears to be struggling to breathe in the video.

Initially officers said they didn't think he meant it.

They also claimed that they could really see him in the back seat of the darkened squad car when he collapsed and then eventually died on scene.

A special prosecutor declined criminal charges against the officers, even though an inquest jury recommended them.

Later police would change policy when it comes to wrongly assuming that a person who can talk, can still breathe. 

"The belief that if you can talk you can breathe is a myth," Safran tells CBS 58 News. "Back in 2009, two years before this event occurred, the policy was already changed in the fire department not to think that and was never transferred over to the police department."