George Floyd’s death in police custody last summer sparked months of protests demanding racial justice in dozens of cities around the world after the video of his last moments went viral.
Floyd, a black man, died on May 25 after then Minneapolis policeman Derek Chauvin, a 19-year-old white veteran of the department, pressed his knee to Floyd’s neck for several minutes. Handcuffed Floyd screamed for help and repeatedly said he couldn’t breathe.
Ten months after Floyd’s death, initial statements at Chauvin’s trial, which was dismissed after the meeting, are scheduled to begin on Monday, before 14 jurors, including two alternates.
The jury is composed of nine women and six men. Nine of the jurors identify themselves as white, four as black and two as brown. They vary in age between 20 and 60 years.
Fourteen jurors, including the two alternates, will be present for the opening statements next week. A 15th judge will be dismissed, unless one of the others is released before that.
Chauvin is charged with second-degree murder, third-degree murder and wrongful death. The high-profile trial is expected to be broadcast live and last several weeks.
Here’s what else you should know about the charges and the people who will bring up the prosecution and defense cases.
Chauvin faces 3 charges
Chauvin faces charges of second degree unintentional murder, third degree murder and wrongful death in Floyd’s death.
Second-degree murder carries the heaviest potential penalty. If convicted on that charge, he faces up to 40 years in prison. Second-degree murder also requires the greatest burden of proof. Under state law, prosecutors will have to prove that Chauvin caused Floyd’s death “while committing or attempting to commit a crime”, which is aggression in this case.
The smallest charge of third-degree murder carries a penalty of up to 25 years. Hennepin County District Judge Peter Cahill, who is overseeing the trial, responded to prosecutors’ request to reinstate the prosecution this month. Cahill rejected the accusation in the fall, saying the circumstances surrounding Floyd’s death did not justify it. Minnesota’s statute requires proof that the accused person has committed an “eminently dangerous act for others”, that is, more than one person.
An appeals court ruled last month that the law could be applied in this case. Chauvin’s lawyer, Eric Nelson, appealed the decision, but the state Supreme Court refused to intervene.
Legal experts said the reinstatement was a victory for prosecutors because it increases the chances that jurors will convict Chauvin for murder.
The final charge that Chauvin faces, second-degree manslaughter, bears the least burden of proof and carries a maximum penalty of 10 years. Prosecutors would have to prove that Floyd’s death was caused by Chauvin’s neglect to create “an irrational risk” and “knowingly (run) chances of causing death or major bodily harm to others”.
The prosecution
The prosecution is being led by the state’s attorney general, Keith Ellison.
Minnesota Governor Tim Walz appointed Ellison a few days after the meeting to lead the charge in all cases resulting from Floyd’s death. Three other former police officers involved in Floyd’s arrest are due to be tried in August. They are accused of helping and encouraging second-degree murder and wrongful death.
Ellison’s appointment came after 10 members representing Minneapolis in the state’s House of Representatives asked Walz in a letter to transfer the Hennepin County prosecutor’s case to Ellison.
“Unfortunately, our constituents, especially those of color, have lost faith in the ability of Hennepin County Attorney Mike Freeman to investigate and prosecute these cases fairly and impartially,” the letter said.
Ellison is the first African American and the first Muslim to serve as attorney general in Minnesota.
While he was in court to choose the jury, other lawyers in his office and some who are assisting pro bono have handled the case more so far.
The prosecution is being led by the head of the state’s criminal division, Deputy Attorney General Matthew Frank.
Lawyers outside Ellison’s office include Steven Schleicher, a former federal prosecutor and partner at Maslon LLP, who oversaw the selection of the jury for the prosecution. Schleicher was a prosecutor in the case of Danny Heinrich, who confessed in 2016 to kidnapping, sexually assaulting and killing a boy in 1989.
Jerry Blackwell, the founding partner, CEO and president of Blackwell Burke PA and founder of the Minnesota Black Lawyers Association, is also assisting prosecutors for free. Blackwell successfully argued before the Minnesota Forgiveness Council for Max Mason’s posthumous forgiveness last year. Mason, a black man, was unjustly convicted of raping a white woman in 1920.
The indictment also includes former US Attorney General Neal Katyal, a partner at Hogan Lovells in Washington, DC
The defense
Chauvin’s legal defense is being protected by the Minnesota Police and the Peace Officers Association. Chauvin and the other three officers who were fired after Floyd’s death may still have their attorney’s fees covered by the association’s legal defense fund, because the Minneapolis Police Department is a member.
Nelson, Chauvin’s lawyer, is a managing partner at Halberg Criminal Defense. He is also part of a panel of 12 members of criminal defense lawyers who work with the Minnesota Police and the Association of Peace Officers. The association’s website reports that he joined the panel in 2015 and represented members of his fund. legal defense in “critical incidents and work-related investigations”.
The judge
Cahill, appointed to the bench in 2007 and elected the following year, will chair the case. Before being appointed a judge, he spent about 10 years in the Hennepin County Prosecutor’s Office and also had his own law firm.
Among his recent decisions in this case, Cahill fired two jurors last week who were sitting under the concern that a $ 27 million deal the city reached with Floyd’s family would affect his ability to be impartial.
At the end of the week, he denied a motion by the defense team to delay or move the trial for the same concerns about the deal and publicity he received.
“I don’t think there is any place in the state of Minnesota that has not been the subject of much publicity in this case,” he said in ordering the trial to proceed as scheduled.
Opening statements begin on Monday.