Judge pauses jury selection in ex-cop’s trial in Floyd case

MINNEAPOLIS — The judge overseeing the trial of a former Minneapolis police officer accused in George Floyd’s death paused jury selection Monday 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 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, but Cahill said earlier that attorneys would agree to dismiss jurors for cause based on their answers to a lengthy questionnaire. “For cause” dismissals can be for a host of reasons, including when someone expresses views that indicate they can’t be impartial.

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 that 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.

Floyd was declared dead May 25 after Chauvin, who is white, pressed his knee against the handcuffed Black man’s neck for several minutes, holding his position even after Floyd went limp. Floyd’s death sparked sometimes violent protests in Minneapolis and beyond, and led to a nationwide reckoning on race.

Chauvin and three other officers were fired; the others face an August trial on aiding and abetting charges.

Hundreds of people gathered outside the courthouse as proceedings began, many carrying signs that read, “Justice for George Floyd” and “Convict Killer Cops.”

Inside the courtroom, Chauvin followed the proceedings attentively, making notes on a legal pad. Bridgett Floyd, George Floyd’s sister, sat in the seat allocated to Floyd’s family. No one attended to support Chauvin.

Jury selection will end after 14 people are picked — 12 jurors who will deliberate the case and two alternates who won’t be part of deliberations unless needed.

The jurors will be escorted to the courthouse daily and sequestered during deliberations. Their names will be kept confidential until further order of the court.

COURT TV In this image from video, defense attorney Eric Nelson, left, and former police Officer Derek Chauvin listen as Judge Peter Cahill presides over pretrial matters Monday.