MINNEAPOLIS (AP) – Judge overseeing trial of former Minneapolis police officer charged with George Floyd’s death on Monday stopped jury selection for at least a day while an appeal for possible reinstatement of a third-degree murder charge.
When hundreds of protesters gathered in front of the court to demand the conviction of Derek Chauvin, Judge Peter Cahill said he had no jurisdiction to decide whether the third-degree murder charge should be reinstated. against the ex-officer while the matter is being appealed. But he said prosecutors’ arguments that the whole case would be affected were “weak”.
Cahill initially decided the jury selection would begin as scheduled Monday, but prosecutors filed a request with the Court of Appeals to stay the trial until the issue is resolved. The judge then sent the possible jurors home for the day, while prosecutors tried to contact the appellate court. Cahill took a break to give the Court of Appeals time to respond, but planned to return lawyers to the courtroom Monday afternoon to deal with other matters.
Cahill said he would proceed with the trial unless the higher courts told him to stop.
Chauvin is charged with homicide and second-degree homicide on Floyd’s death. Legal experts claim that reinstating the third-degree murder charge would improve the chances of getting a conviction. Chauvin’s attorney, Eric Nelson, said Monday he would ask the state Supreme Court to review a decision by the Court of Appeals ordering Cahill to reconsider the charge.
The jury selection is expected to take at least three weeks, as prosecutors and defense attorneys try to eliminate people who may be biased against them.
“You don’t want juries to be completely blank slates, because that would mean they’re not in tune with the world at all,” said Susan Gaertner, a former prosecutor. “But what you want is jurors who can put aside the opinions that have been formed before entering the courtroom and give both parties a fair hearing.”
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., maintaining his position even after Floyd became lame. Floyd’s death provoked violent protests at times in Minneapolis and beyond, and led to a national career calculation.
Chauvin and three other officers they were fired; the others face an August trial for aiding and abetting charges.
Hundreds of people gathered in front of the court as proceedings began, many carrying placards that read, “Justice for George Floyd” and “Convict Killer Cops.”
A loudspeaker grabbed a microphone and denigrated the concrete barriers topped by wire fences, barbed wire and razor wire installed around the courthouse. He also ridiculed the Chauvin trial’s speech as “the trial of the century,” saying that all the jury has to do is “the right thing to do.”
He then addressed the crowd with chants of “Everyone is watching!”
Inside the room, Chauvin, wearing a blue suit and a black mask, carefully followed the paperwork, taking notes on a legal blog.
Nelson previously argued that preventive publicity of the case and subsequent violent concern in Minneapolis would make it impossible to find an impartial jury. in Hennepin County. But Judge Peter Cahill said last year that the trial was moving it probably wouldn’t cure the problem of a potentially tainted jury group because “no corner of the state of Minnesota” has been protected from preventive advertising.
Potential jurors, who must be at least 18 years old, U.S. citizens and residents of Hennepin County, were sent questionnaires to determine how much they had heard about the case and whether they had formed opinions. In addition to biographical and demographic information, jurors were asked about previous contacts with police, whether they have protested police brutality. and if they believe the judicial system is fair.
Some of the questions are specific, such as how often a potential jury has seen the video of Floyd’s arrest, 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 look for jurors who have favorable opinions about the Black Lives Matter movement or who may have more outrage over Floyd’s death, while Chauvin’s lawyers are likely to favor jurors who support the police.
Unlike the usual jury selection procedures, potential jurors will be questioned individually instead of forming a group. The judge, defense attorney and prosecutors everyone will be able to ask questions. The defense may oppose up to 15 possible jurors without giving any reason; prosecutors can block up to nine without providing any reason. Either party can oppose these peremptory challenges if they believe the only reason to disqualify a jury is race or gender.
Both parties can also argue to dismiss an unlimited number of jurors “for cause,” that is, they must provide a reason why they believe the jury should not serve. These situations can go into some detailed machinations, Brandt said, and it’s up to the judge to decide whether a jury stays or not.
“Sometimes there are some tortured interrogators,” Brandt said.
He said that even if a jury says he has 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 aside those past experiences or opinions and be fair.
“We all enter these with biases. The question is: can you put aside these biases and be fair in this case, ”he said.
The selection of the jury will end after the election of 14 people: 12 jurors who will deliberate the case and two alternates who will not be part of the deliberations unless necessary. The jurors will be accompanied to the court daily and kidnapped during deliberations. Their names will be kept confidential until further notice by the court.
The number of seats in the room has been limited to maintain social distancing due to the COVID-19 pandemic and jury seats have been handed out. Like other people in the room, jurors will be required to wear masks.
The first initial statements will begin 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