MINN. JUDGE RESTRICTS EVIDENCE, DECLINES TO MOVE TRIAL
A judge said Friday he won’t delay or move the trial of a former Minneapolis police officer charged in George Floyd’s death over concerns that a $27 million settlement for Floyd’s family could taint the jury pool, but he’ll allow limited evidence from a 2019 arrest.
Meanwhile, a 13th juror was seated Friday — a woman who said she has only seen clips of the video of Floyd’s arrest and needs to learn more about what happened beforehand. The jury will include up to 16 people — 12 jurors and multiple alternates.
Jury selection was halfway complete last week when the Minneapolis City Council announced it had unanimously approved the massive payout to settle a civil rights lawsuit over Floyd’s death. Chauvin’s attorney, Eric Nelson, subsequently sought to halt or move the trial, calling the timing of the settlement deeply disturbing and saying it jeopardized Chauvin’s chance for a fair trial. Chauvin is charged with murder and manslaughter.
But Cahill, who has called the timing “unfortunate,” said he thought a delay would do nothing to stem the problem of pretrial publicity. As for moving the trial, he said there’s no place in Minnesota that hasn’t been touched by that publicity.
The judge handed the defense a victory by ruling that the jury can hear evidence from Floyd’s 2019 arrest, but only that possibly pertaining to the cause of his death in 2020. He acknowledged there are similarities between the two encounters, including that Floyd swallowed drugs after police confronted him.
The judge previously said the earlier arrest could not be admitted, but new evidence made him reconsider: Drugs were found in January in a second search of the police SUV that the four officers attempted to put Floyd inside last year. The defense argues that Floyd’s drug use contributed to his death.
Cahill said he would allow medical evidence of Floyd’s physical reactions, such as his dangerously high blood pressure when he was examined by a paramedic in 2019, and a short clip of an officer’s body camera video. He said Floyd’s “emotional behavior,” such as calling out to his mother, won’t be admitted. Floyd, who was Black, was declared dead May 25 after Chauvin, who is White, pressed his knee on his neck for about nine minutes while he was handcuffed and pleading that he couldn’t breathe.