MINNEAPOLIS (AP) – The judge overseeing the trial of a former Minneapolis police officer accused of killing George Floyd has suspended the jury for at least a day while an appeal continues over the possible recovery of a charge of third-degree murder.
When hundreds of protesters gathered outside the courthouse to ask for the conviction of Derek Chauvin, Judge Peter Cahill said he did not have the legal authority to decide whether to reinstate the third-degree murder charge. against the former officer while the appeal is being lodged. But he said prosecutors’ arguments that the whole case would be affected were “minor”.
Cahill initially ruled that the selection of juries would begin Monday as scheduled, but prosecutors submitted a request to the appellate court to adjourn the trial until the issue is resolved. The judge then sent the potential jurors home for the day, while prosecutors tried to contact the appellate court. Cahill has taken a recess to give the appellate court time to respond, but plans to bring lawyers back into the courtroom Monday afternoon to handle other cases.
Cahill said he would continue with the trial unless the higher courts ordered him to stop.
Chauvin is charged with second-degree murder and manslaughter in Floyd’s death. Legal experts say the reinstatement of the third-degree murder charge will improve the chances of conviction. Chauvin’s attorney Eric Nelson said Monday he would ask the state Supreme Court to review an appeals court ruling that ordered Cahill to reconsider the charge.
The selection of juries is expected to take at least three weeks, as prosecutors and lawyers are trying to get rid of people who are biased against them.
“You do not want jurors who are completely white, because that would mean they are not in tune with the world at all,” said Susan Gaertner, a former prosecutor. “But what you want are jurors who can set aside opinions before they enter the courtroom and try both sides fairly.”
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 holds his position even after Floyd became limp. Floyd’s death sometimes caused violent protests in Minneapolis and beyond, and led to a nationwide settlement of race.
Chauvin and three other officers was fired; the others are facing trial in August on charges of aiding and abetting.
Hundreds of people gathered outside the courthouse when the proceedings began, and many carried signs reading “Justice for George Floyd” and “Convict Killer Cops.”
One loudspeaker took a microphone and covered the concrete barriers that were fenced off with chain links, barbed wire and razor wire around the courthouse. He also ridiculed the discussion of the Chauvin trial as ‘the trial of the century’ and said that all the jury has to do is ‘the right thing’.
Then he led the crowd in hymns of “Look at the whole world!”
Inside the courtroom, Chauvin, in a blue suit and black mask, followed the proceedings attentively and made notes on a law paper.
Nelson had earlier argued that the preliminary 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 he was moving the trial would probably not cure the problem of a potentially contaminated jury pool, because ‘no corner of the state of Minnesota’ is protected from pre-trial.
The potential judges (who are at least 18 years old, U.S. citizens and residents of Hennepin County) were sent to questionnaires to determine how much they had heard about the case and whether they had formed opinions. In addition to biographical and demographic information, judges were asked about previous contacts with the police, whether they had protested against police brutality. and whether they believe the justice system is fair.
Some of the questions become specific, such as how often a potential juror watched the bystander video of Floyd’s arrest, or whether they wore a sign at a rally and what was in the sign.
Mike Brandt, a local defense attorney, said prosecutors are likely to seek jurors who have favorable views on the Black Lives Matter movement or have more outrage over Floyd’s death, while Chauvin’s attorneys are likely to prefer jurors who support the police..
Unlike typical jury selection procedures, potential judges will be interviewed individually rather than in a group. The judge, 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 times without giving a reason for it. Both parties may object to these mandatory challenges if they believe that race or gender is the sole reason for the disqualification of a juror.
Both sides can also argue for firing an unlimited number of jurors ‘for the reason’, which means that they must provide a reason why they believe jurors should not serve. Brandt said these situations can occur in detail, and it is up to the judge to decide whether a juror stays or goes.
“Sometimes there is a tortured interrogation,” Brandt said.
He said that even if a juror says they had a negative interaction with the police, or had a negative opinion about Black Lives Matter, the key will be to try to find out if they have the experiences or opinions from the can put past aside and be fair.
“It simply came to our notice then. 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 14 people have been selected – 12 jurors who will discuss the case and two deputies who will not take part in the deliberations unless necessary. The jurors will be escorted to the courthouse daily and sequestered during counseling. Their names will be kept confidential until further court order.
The number of seats in the courtroom was limited to social distance due to the COVID-19 pandemic, and the seats for jurors were spread out. Like others in the courtroom, the judges will be required to wear masks.
The earliest opening statements begins, is March 29.
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Associated Press author Mohamed Ibrahim contributed to this report.
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Find AP’s full coverage of George Floyd’s death: https://apnews.com/hub/death-of-george-floyd