MINNEAPOLIS (AP) – The judge who oversaw the trial of a former Minneapolis police officer who was charged with George Floyd’s death on Monday has paused jury selection for at least a day while appeals are being made over the possible reintroduction of a charge for murder in the third degree.
While hundreds of protesters gathered outside the courthouse to call for Derek Chauvin’s conviction, Judge Peter Cahill said he has no jurisdiction to decide whether to reinstate the third-degree murder charge. against the former officer while the matter is on appeal. But he said the prosecutors’ arguments that the whole case would be affected were “weak.”
Cahill initially ruled that jury selection would begin on Monday as planned, but prosecutors filed a petition with the Court of Appeals to suspend the trial until the issue is resolved. The judge then sent the potential jurors home for the day while prosecutors tried to contact the appeals court. Cahill took a break to give the Court of Appeals time to respond, but planned to bring the lawyers back to court on Monday afternoon to deal with other cases.
Cahill said he would go ahead with the trial unless the higher courts ordered him to stop.
Chauvin is charged with second-degree murder and second-degree murder in Floyd’s death. Legal experts say reenacting the third-degree murder charge would increase the likelihood of conviction. Chauvin’s attorney, Eric Nelson, said on Monday that he would ask the state Supreme Court to review a Court of Appeals decision ordering Cahill to reconsider the charges.
Jury selection is expected to take at least three weeks as prosecutors and attorneys attempt to exterminate people who may be biased against them.
“You don’t want jurors who are completely empty because that would mean they are out of harmony with the world at all,” said Susan Gaertner, a former prosecutor. “But what you want are jurors who can put aside opinions formed before they walk into court and hear both sides honestly.”
Floyd was pronounced dead on May 25 after Chauvin, who is white, pressed his knee against the handcuffed black man’s neck for about nine minutes, who held his position even after Floyd went limp. Floyd’s death sometimes sparked violent protests in Minneapolis and beyond, and led to a nationwide settlement on race.
Chauvin and three other officers were fired; the others will be tried in August for complicity in charges.
Hundreds of people gathered outside the courthouse when proceedings began, many carrying signs that read ‘Justice for George Floyd’ and ‘Convict Killer Cops’.
A speaker picked up a microphone and denounced the concrete barriers surmounted by a chain link fence, barbed wire and barbed wire around the courthouse. He also made fun of talking about Chauvin’s trial as “the trial of the century,” saying the jury only has to do “the right thing.”
Then he led the crowd in chants of “The whole world is watching!”
In the courtroom, Chauvin, in a blue suit and black mask, followed the proceedings closely and took notes on a notepad.
Nelson previously argued that the advance notice of the case and the subsequent violent unrest in Minneapolis would make it impossible to find an impartial jury in Hennepin County. But Judge Peter Cahill said last year the trial was moved probably wouldn’t solve the problem of a potentially contaminated jury pool, because “no corner of the state of Minnesota” is shielded from preliminary publicity.
The potential jurors – who must be at least 18, US citizens and residents of Hennepin County – were sent questionnaires to determine how much they heard about the case and whether they formed an opinion. In addition to biographical and demographic information, jurors were asked about previous contacts with the police, whether they protested against police brutality and whether they think the legal system is fair.
Some questions become specific, such as how many times a potential juror watched the bystanders’ video of Floyd’s arrest, whether they carried a sign during a protest, and what that sign said.
Mike Brandt, a local attorney, said prosecutors are likely to seek jurors who have a favorable view of the Black Lives Matter movement or more outrage over Floyd’s death, while Chauvin’s attorneys would likely prefer jurors who support the police.
Unlike typical jury selection procedures, potential jury members are questioned individually rather than in a group. The judge, lawyer and prosecutors all get to ask questions. The defense can object to a maximum of 15 potential jury members without giving a reason; prosecutors can block up to nine without giving a reason. Both parties can object to these compelling challenges if they believe the only reason for disqualification from a judge is race or gender.
Either side can also argue for the dismissal of an unlimited number of jurors “for good reason,” which means providing a reason why they believe the juror should not serve. Those situations can turn into some detailed machinations, Brandt said, and it’s up to the judge to decide whether a juror stays or goes.
“Sometimes there is torture interrogation,” Brandt said.
He said that even if a juror says they’ve had a negative interaction with the police, or a negative opinion about Black Lives Matter, the key will be to find out if they can put those past experiences or opinions aside and be honest .
“We all run into this with prejudices. The question is, can you put those prejudices aside and be fair in this case, ”he said.
The jury selection ends after 14 people have been elected – 12 jurors who will deliberate the case and two alternates who will not be part of the deliberations, unless necessary. The jury members are escorted to the courthouse daily and in isolation during deliberations. Their names will be kept confidential until further notice of the court.
Due to the COVID-19 pandemic, the number of seats in the courtroom has been limited to maintain social distance, and the seats for jurors have been divided. Like others in the courtroom, jurors will have to wear masks.
The earliest opening statements starts on March 29.
Associated Press writer Mohamed Ibrahim contributed this report.
Find AP’s full coverage of George Floyd’s death: https://apnews.com/hub/death-of-george-floyd