Milwaukee Journal Sentinel

Jury selection on pause for ex-cop charged in Floyd’s death

- Amy Forliti and Steve Karnowski

MINNEAPOLI­S – The judge overseeing the trial of a former Minneapoli­s police officer 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 affected were “tenuous.”

Cahill planned to go ahead with the trial anyway and initially ruled jury selection would begin as scheduled Monday. But after prosecutor­s filed 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 first 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.

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