Jury Selection In Derek Chauvin Trial Paused For At Least A Day

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MINNEAPOLIS (WCCO) — Jury selection in the trial of Derek Chauvin, the former Minneapolis police officer accused of murdering George Floyd, was paused for at least a day on Monday, just as the process was scheduled to begin.

The delay comes in the wake of the latest development over the possible reinstatement of a third-degree murder charge. Meanwhile, hundreds of protesters gathered in downtown Minneapolis, calling for justice for Floyd and police accountability.

During a pre-trial hearing, Chauvin’s defense attorney said Monday that he would appeal the appellate court’s decision on the third-degree murder charge to the Minnesota Supreme Court. In response, prosecutors asked Judge Peter Cahill to delay the start of the trial until the appeals process was complete.

Initially, Cahill said that jury selection will move forward as scheduled on Monday. However, the potential jurors were soon sent home after prosecutors said they’d ask the Minnesota Court of Appeals to intervene.

Later in the morning, prosecutors filed a motion to stay court proceedings, arguing that Cahill doesn’t have the authority to proceed with the trial while the defense is appealing the third-degree murder charge decision.

The court adjourned around 10 a.m., but motions are slated to be heard at 1:30 p.m.

So there will be no Jury Selection today in #GeorgeFloydcase as the battle between prosecution and defense continues in Mn Appeals Court over adding 3rd degree – Court has adjourned but will hear motions this afternoon at 1:30
— esme murphy (@esmemurphy) March 8, 2021

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Criminal defense attorney Joe Tamburino, who is not affiliated with the case, called Monday’s developments “bizarre” and “highly unusual.” He said that it’s unlikely that prosecutors will get the court of appeals to intervene.

“I would think for a situation like this, the court of appeals would act very quickly,” Tamburino said. “If not by 1:3 p.m., then definitely by the end of the day.”

Depending on what the appeals court decides, the delay in jury selection could last until Tuesday or a number of weeks, depending the review of the third-degree murder charge.

The eyes of the nation, if not the world, are focused on Minnesota in what might be the most high-profile trial in the state’s history. Chauvin is currently charged with second-degree murder and manslaughter in Floyd’s death, which sparked mass protests and riots in the Twin Cities last year. Chauvin has pleaded not guilty on both counts.

Last week, the Minnesota Court of Appeals told Cahill to reconsider adding a charge of third-degree murder against Chauvin. The former officer had initially been charged with third-degree murder, but the judge dropped the charge last fall, citing probable cause.

Prosecutors appealed that decision, and the appellate court told the judge that he must make a ruling that is consistent with the precedent set in the case of Mohamed Noor. In 2019, Noor, also a former Minneapolis police officer, was convicted of third-degree murder for the shooting death of Justine Ruszczyk Damond.

Before Monday’s delay in Chauvin’s trial, jury selection was expected to take three weeks, with the defense, prosecutors and the judge weeding out potential jurors. Opening statements were slated to begin on March 29.

The court is tasked with selecting 12 jurors and four alternates. They can be informed about the case, but not biased to any particular narrative. The jurors must be at least 18 years old, residents of Hennepin County and U.S. citizens.

Due to the immense pre-trial publicity, defense attorneys had asked that the case be moved out of the Twin Cities metro area. The judge declined that request, reasoning that there is not a place in the state or country where most people have not heard about Floyd’s death.

The potential jurors will have to answer a 16-page questionnaire on the case. They’ll have to tell the legal teams in detail what they know, including how many times they might have viewed the viral video of Floyd’s fatal arrest. The questionnaire also asks about media habits, connections to law enforcement, and experiences with systemic racism.

While the trial proceedings will be video recorded and live-streamed, the jurors — and potential jurors — will be anonymous. Their names are not supposed to be mentioned in court, and the cameras will not be fixed on them. The jurors will be partially sequestered during the trial and fully sequestered during deliberations.

Due to the ongoing COVID-19 pandemic, the number of seats in the courtroom have been limited to maintain social distancing. Jurors will be required to wear masks.

Floyd, a Black man, died on May 25 after being arrested outside a south Minneapolis convenience store. Bystander video of the arrest showed Chauvin, who is white, kneeling on Floyd’s neck as he lay prone, handcuffed and repeatedly saying he couldn’t breathe.

Three other former Minneapolis police officers are also charged in the case; their trial is slated for later this summer.

Source: CBS Minnesota