MINNEAPOLIS (AP) – The judge who oversees the trial of a former Minneapolis police officer accused of the death of George Floyd on Monday interrupted the jury’s selection for at least a day while an appeal continues on the possible reinstatement of a charge of third-degree murder.
While hundreds of protesters were gathering in front of the court to ask for Derek Chauvin’s conviction, Judge Peter Cahill said he had no jurisdiction to decide whether the third-degree murder charge should be reinstated. against the former officer while the issue is being appealed. But he said prosecutors’ arguments that the whole case would be impacted were “tenuous”.
Cahill initially decided that the jury selection would begin as scheduled on Monday, but prosecutors have filed a request with the Court of Appeals to suspend the trial until the matter is resolved. The judge then sent prospective jurors home during 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 address other matters.
Cahill said he would continue the trial, unless the higher courts told him to stop.
Chauvin is charged with wrongful death and wrongful death in Floyd’s death. Legal experts say that reinstating the third-degree murder charge would increase the chances of getting a conviction. Chauvin’s lawyer, Eric Nelson, said on Monday that he will ask the state Supreme Court to review a decision by the Court of Appeals that ordered Cahill to reconsider the charge.
The selection of the jury should take at least three weeks, as prosecutors and defense lawyers try to eliminate people who may be biased against them.
“You don’t want jurors to be completely blank, because that would mean they are out of step with the world,” said Susan Gaertner, a former prosecutor. “But what you want are jurors who can put aside the opinions formed before entering the court and give both sides a fair hearing.”
Floyd was declared dead on May 25 after Chauvin, who is white, pressed his knee against the handcuffed black man’s neck for about nine minutes, maintaining his position even after Floyd went limp. Floyd’s death has sometimes sparked violent protests in Minneapolis and beyond, and led to a national breed calculation.
Chauvin and three other officers were fired; the others face a trial in August on charges of aid and complicity.
Hundreds of people gathered outside the courtroom when the lawsuit began, many carrying signs that read “Justice for George Floyd” and “Police killers of convicts”.
A speaker took a microphone and criticized the concrete barriers surmounted by wire fences, barbed wire and barbed wire installed around the court. He also ridiculed the conversation about Chauvin’s trial as “the trial of the century”, saying that all the jury needs to do is “the right thing”.
Then he led the crowd in shouts of “The whole world is watching!”
Inside the courtroom, Chauvin, in a blue suit and black mask, was following the proceedings closely, taking notes on a notepad.
Nelson previously argued that the pre-trial publicity 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 that moving the trial it probably wouldn’t solve the problem of a potentially contaminated jury pool because “no corner of the state of Minnesota” was protected from pre-trial advertising.
Potential jurors – who must be at least 18 years old, American citizens and residents of Hennepin County – received questionnaires to determine how much they heard about the case and 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 believe that the justice system is fair.
Some of the questions are specific, like how often a prospective juror watched a video of a spectator from Floyd’s prison or whether they carried a sign in a protest and what that sign said.
Mike Brandt, a local defense attorney, said prosecutors are likely to seek jurors who have favorable opinions about the Black Lives Matter movement or may be more outraged by Floyd’s death, while Chauvin’s lawyers are likely to favor jurors they support the police.
Unlike typical jury selection procedures, potential jurors will be questioned individually, not in groups. The judge, defense lawyer and prosecutors everyone will be able to ask questions. The defense can object to up to 15 potential jurors without giving a reason; prosecutors can block up to nine without providing a reason. Either side can oppose these peremptory challenges if they believe that the only reason to disqualify a judge is race or gender.
Both sides can also argue to fire an unlimited number of jurors “for good reason”, which means that they must provide a reason why they believe the juror should not serve. These situations can generate some detailed machinations, said Brandt, and it is up to the judge to decide whether a juror stays or leaves.
“Sometimes there are some torturous questions,” said Brandt.
He said that even if a judge says he had a negative interaction with the police, or a negative opinion about Black Lives Matter, the key will be to try to find out if they can put these past experiences or opinions aside and be fair.
“We all got into it with prejudices. The question is: can you put these prejudices aside and be fair in this case, ”he said.
The selection of the jury will end after the selection of 14 persons – 12 jurors who will deliberate the case and two alternates who will not be part of the deliberations, unless it is necessary. The jurors will be escorted to the court daily and kidnapped during the deliberations. Their names will be kept confidential until further court order.
The number of seats in the court was limited to maintain social distance due to the COVID-19 pandemic, and the seats for jurors were spaced out. Like others in the courtroom, jurors will be required to wear masks.
The first opening statements will start on March 29th.
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Associated Press writer Mohamed Ibrahim contributed to this report.
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Find full AP coverage of George Floyd’s death: https://apnews.com/hub/death-of-george-floyd