Marin Independent Journal

Diverse jury raises activists’ hopes for ex-cop’s trial

- By Steve Karnowski and Amy Forliti

The jury that will decide the fate of a white former Minneapoli­s police officer charged in George Floyd’s death is unusually diverse by local standards, and that’s boosting activists’ hopes for a rare conviction.

The panel of 15 includes nine people who are white and six who are Black or multiracia­l, according to the court. If the court follows standard practice and the alternates are the last three chosen, the 12 who deliberate would be evenly split between whites and people of color. Opening statements are Monday.

“It’s a small step in the right direction,” said Trahern Crews, an organizer and spokesman for Black Lives Matter in Minnesota. African Americans bring “an institutio­nal memory of the police” to jury rooms that whites and even other people of color don’t share, he said.

It’s very rare to seat such a mixed jury in Minnesota, said Mary Moriarty, a former chief public defender for Hennepin County, which includes Minneapoli­s. That’s important because they’ll bring a “very different lens” to their deliberati­ons, she said, though she said it’s a mistake to think people of color all view things the same.

Court records obtained by Moriarty show Blacks are chronicall­y underrepre­sented on juries in Hennepin County, which is 74% white and 14% Black. The jury pool in 2019 — created from lists of people with driver’s licenses or state ID cards, as well as voter registrati­on lists — was 79% white and 8% Black.

People not on the don’t get summoned.

Scholars, courts and legal groups have increasing­ly advocated for greater jury diversity — not just by race, but by gender and socioecono­mic background­s. Experts say when jurors share the same background, they’re less likely to question their own biases and preconcept­ions heading into deliberati­ons. And they say jurors from different background­s may evaluate

lists

witnesses differentl­y, including how much weight to give their testimony.

Derek Chauvin is charged with murder and manslaught­er in Floyd’s death May 25. The Black man was declared dead after Chauvin, who is white, pressed his knee against his neck for about nine minutes while he was handcuffed and pleading that he couldn’t breathe. The widely seen video set off street protests in Minneapoli­s, some violent, that spread across the U.S. and the world.

It’s rare for police officers to stand trial for fatal shootings. When they do, recent history suggests a more diverse jury increases the odds for conviction, although the record is mixed.

In Minnesota, the jury that acquitted suburban officer Jeronimo Yanez, a

Latino, of second-degree manslaught­er in 2017 in the shooting death of Philando Castile, a Black man, included 10 whites and two Blacks.

The jury that convicted Black Minneapoli­s officer Mohamed Noor, a Somali American, in 2019 of thirddegre­e murder and seconddegr­ee manslaught­er in the shooting death of Justine Ruszczyk Damond, a white Australian woman, included six people of color, including two Filipino men, an Ethiopian man and a Pakistani woman.

Elsewhere, the Texas jury that convicted white Dallas police officer Amber Guyger in 2019 in the shooting death of Botham Jean, a Black man in his own home, was largely women and people of color. Observers credited the makeup of the jury as a key factor in her conviction.

Two Blacks were among the 12 jurors and two alternates picked for a Texas panel in 2019 that convicted white officer Roy D. Oliver II of murder for firing into a car packed with teenagers in suburban Dallas, killing Jordan Edwards, a Black 15-year-old.

There was just one African American on the jury that convicted white Chicago officer Jason Van Dyke of second-degree murder in 2018, in the shooting death of 17-year-old Laquan McDonald, a Black teen who was carrying a knife but was walking away when Van Dyke fired at him 16 times. Blacks make up one-third of Chicago’s population, but the jury also included three Hispanics and one Asian American. During questionin­g for Chauvin’s jury, some people in the pool were strikingly direct about how the color of their skin affected their view of Floyd’s death.

A Black man in his 30s who immigrated to America more than 14 years ago said he talked with his wife about the case. “We talked about how it could have been me, or anyone else,” he said.

Another Black man in his 30s, asked about his response to a jury questionna­ire on the extent of discrimina­tion in America, said it goes “well beyond what the media can even report.” And he added: “Black lives just want to be treated as equals and not killed or treated in an aggressive manner simply because they are Black,” he said.

Both are on the jury. Attorneys on both sides used questions about Black Lives Matter and Blue Lives Matter to probe deeper attitudes on race and policing. Jurors were also asked whether the protests and violence following Floyd’s death had a positive or negative effect on the community, and whether they supported defunding the Minneapoli­s Police Department.

One juror, a white woman in her 50s, related an anecdote that she said helped her understand white privilege: a conversati­on she had with a Black co-worker who described how her Black son could be in much greater danger if pulled over by police than the white juror’s son would be.

 ?? COURT TV ?? Hennepin County Judge Peter Cahill presides over jury selection Tuesday in the trial of former Minneapoli­s police officer Derek Chauvin at the Hennepin County Courthouse in Minneapoli­s, Minn. Chauvin is charged in the death of George Floyd.
COURT TV Hennepin County Judge Peter Cahill presides over jury selection Tuesday in the trial of former Minneapoli­s police officer Derek Chauvin at the Hennepin County Courthouse in Minneapoli­s, Minn. Chauvin is charged in the death of George Floyd.
 ??  ?? Defense attorney Eric Nelson, left, and defendant and former Minneapoli­s police officer Derek Chauvin, right, listen during jury selection in the trial of Chauvin on Tuesday at the Hennepin County Courthouse in Minneapoli­s.
Defense attorney Eric Nelson, left, and defendant and former Minneapoli­s police officer Derek Chauvin, right, listen during jury selection in the trial of Chauvin on Tuesday at the Hennepin County Courthouse in Minneapoli­s.

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