Jury selection on hold for ex-cop in Floyd case
The judge overseeing the trial of a former Minneapolis police officer is considering reinstatement of a third-degree murder charge.
The judge MINNEAPOLIS — overseeing the trial of a former Minneapolis police officer accused in George Floyd’s death on Monday paused jury selection for at least a day while an appeal proceeds over the possible reinstatement of a third-degree murder charge.
As hundreds of protesters gathered outside the courthouse to call for the conviction of Derek Chauvin, Judge Peter Cahill said he does not have jurisdiction to rule on whether the third-degree murder charge should be reinstated while the issue is being appealed. But he said prosecutors’ arguments that the whole case would be affected were “tenuous.”
Cahill planned to go ahead with the trial anyway and initially ruled jury selection would begin as scheduled on Monday. But after prosecutors filed a request with the Court of Appeals to put the case on hold, the judge sent the potential jurors home for the day. With no ruling from the Court of Appeals by midday, Cahill proceeded with other pretrial matters, most of which were routine. Cahill said he would proceed with the trial unless the higher courts told him to stop.
Prosecutors and defense attorneys agreed to dismiss 16 of the first 50 jurors they reviewed “for cause,” which Cahill approved. There was no debate over why these jurors were dismissed so the reasons were unknown.
Chauvin is charged with second-degree murder and manslaughter in Floyd’s death. The Court of Appeals last week ordered Cahill to consider reinstating a third-degree murder charge that he had dismissed. Legal experts say reinstating the charge would improve the odds of getting a conviction.
Chauvin’s attorney, Eric Nelson, said Monday he would ask the state Supreme Court to review the appellate ruling. He has 30 days to seek a review.
For the unintentional second-degree murder charge, prosecutors have to prove Chauvin’s conduct was a “substantial causal factor” in Floyd’s death, and that Chauvin was committing felony assault at the time. For third-degree murder, they must prove that Chauvin’s actions caused Floyd’s death, and that his actions were reckless and without regard for human life.