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Derek Chauvin trial live: Jurors can hear evidence related to George Floyd’s 2019 arrest, judge rules; trial will not be delayed, moved

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Grace Hauck, N’dea Yancey-Bragg, Kevin McCoy and Eric Ferkenhoff, USA TODAY·9 min read

 

MINNEAPOLIS — Jurors in the murder trial of former Minneapolis police officer Derek Chauvin will be allowed to hear evidence related to George Floyd’s arrest in 2019, a year before the fatal encounter with police, the presiding judge ruled Friday.

Hennepin County Judge Peter Cahill denied the defense’s request to move or delay the trial. Opening statements are scheduled to start at the end of the month.

Thirteen jurors have been selected in the trial so far. The selection process could wrap up as soon as Monday depending on how many alternates the court decides on selecting.

 

Floyd, a Black man, died in police custody on May 25, 2020, when Chauvin, who is white, pressed his knee against Floyd’s neck for more than nine minutes. As he lay on the ground under Chauvin, Floyd cried out, “I can’t breathe” more than 20 times. The incident sparked protests worldwide.

In the May 2019 arrest, police responded to information about illegal narcotics activity and found substantial amounts of drugs on and near Floyd, according to court filings. As police were arresting him with guns drawn, Floyd got upset and called for his mother. He was later hospitalized and learned from medical personnel that his hypertension could cause a heart attack or stroke.

Chauvin is charged with second-degree murder, third-degree murder and second-degree manslaughter.

Latest updates:

  • Jury selection was scheduled to resume at 9 a.m. CT Monday.
  • The judge on Friday denied the defense’s request to move or delay the trial after the defense argued the potential jury pool had been tainted by pretrial publicity and the city’s widely reported announcement of a historic $27 million settlement with Floyd’s family.
  • Thirteen jurors — five men and eight women — have been selected so far. Seven identify as white, two as multiracial and four as Black, according to the court. Five of the jurors are in their 20s or 30s, three in their 40s, four in their 50s and one in their 60s.
  • Up to sixteen jurors will be selected, including as many as four who will serve as alternates.
  • Minneapolis Mayor Jacob Frey and city attorney Jim Rowader said Thursday they don’t think the city’s settlement announcement has had a negative effect on the trial. But the presiding judge expressed frustration that city officials continued to talk about the settlement.
  • The trial is scheduled to begin March 29.

The USA TODAY Network will be bringing you live coverage of the Derek Chauvin trial. Refresh this page updates. Follow our team of reporters on Twitter here. For news delivered to your inbox, sign up for the Daily Briefing newsletter.

A look at Derek Chauvin’s jury after 13th juror selected

Thirteen jurors, five men and eight women, have been selected for Chauvin’s trial. Given the circumstances of Floyd’s death — a Black man dying under the knee of a white police officer — the racial makeup of the jury is a key concern. Seven of the jurors identify as white, two as multiracial and four as Black, according to the court. As many as four people could be chosen to serve as alternates.

The court added its 13th juror Friday. The white woman in her 50s is a self-described animal lover with a passion for affordable housing.

With her, the court needs one more juror. Here’s a quick look at who else is on the jury:

  • A white woman in her 40s who works in insurance and said she loves the state of Minnesota
  • A Black woman in her 60s who retired from marketing and said she loves spending time with her grandkids
  • A white nurse in her 50s who works with ventilated COVID-19 patients
  • A mixed-race woman in her 40s who works in company reorganization
  • A Black man in his 40s who works in management and has lived in Hennepin County for two decades
  • A white woman in her 50s who works in healthcare and likes to ride her motorcycle
  • A Black man in his 30s who works in banking and teaches youth sports
  • A white woman in her 50s who works at a nonprofit and is the single mother of two teenage sons
  • A Black man in his 30s who works in tech and immigrated from Africa to the U.S.
  • A white auditor in his 30s
  • A mixed-race woman in her 20s who said she was “super excited” to serve
  • A white chemist in his 20s who plays Ultimate Frisbee

As of Friday afternoon, the defense has used 13 of its 18 peremptory challenges, which it can use to strike potential jurors without having to explain why. The state has used seven of its 10.

Jury selection encountered some setbacks earlier in the week. The court did not select any jurors Tuesday amid debate over whether they could be unbiased in such a high-profile case. And on Wednesday, the court cut two jurors because they said they were influenced by the city’s historic $27 million settlement with Floyd’s family.

Attorneys for the defense and prosecution have spent the past week and a half questioning potential jurors about their views on racism, discrimination, policing of communities of color and Black Lives Matter. But on Thursday, Eric Nelson, the lead defense attorney, told a prospective juror that the trial is “not about race.”

Judge allows some evidence from George Floyd’s 2019 arrest

Jurors will be allowed to hear some evidence related to George Floyd’s arrest in May 2019, Cahill said Friday. He ruled in January that the jury could not hear the evidence but heard fresh arguments this week after new evidence was uncovered related to Floyd’s 2020 arrest.

Cahill said the two arrests are “remarkably similar,” but jurors can hear evidence from the 2019 arrest only related to Floyd’s medical state – not his emotional behavior – since it pertains to the cause of death in the 2020 incident.

The judge ruled {that a} portion of an officer’s body camera video of the 2019 incident could be admitted. Jurors can also see a photo from that incident showing pills on the seat of a car and hear what Floyd’s blood pressure was then, as well as why a paramedic at the scene recommended Floyd go to the hospital.

“The whole point here is we have medical evidence of what happens when Mr. Floyd is faced with virtually the same situation,” Cahill said. “The May 6th, 2019, incident is relevant only to that extent. Mr. Floyd’s emotional behavior, calling out for his mother – all of that is not admissible.”

Previously, Cahill ruled on motions to include evidence about Chauvin’s history. Evidence related to 16 incidents involving Chauvin and the three other former Minneapolis police officers charged in Floyd’s death cannot be brought up at trial, Cahill ruled in January.

Prosecutors also sought to admit evidence of eight incidents involving Chauvin to demonstrate that the former officer did “intentionally assault Mr. Floyd in a manner inconsistent with training.” When Cahill ruled in January, he admitted evidence from two of the incidents. The six others involved Chauvin’s use of force or restraint techniques, including when he restrained people by applying pressure to the neck area.

The three other former officers – Thomas Lane, J. Alexander Kueng and Tou Thao – are scheduled to stand trial together this summer.

Judge denies request to move, delay trial over $27M civil settlement

Also on Friday, the judge denied the defense’s request to move or delay the trial. The defense argued the jury pool had been tainted by pretrial publicity and last week’s widely reported announcement of a historic $27 million settlement with Floyd’s family.

On Wednesday, the court cut two jurors because they said they were influenced by the settlement. Cahill on Friday said he was shocked that the announcement had swayed the two jurors, but he said he still believed the court was giving Chauvin the fairest trial possible.

“Unfortunately, I think the pretrial publicity in this case will continue no matter how long we continue it,” he said. “And as far as change of venue, I do not think that that would give the defendant any kind of a fair trial beyond what we are doing here today. I don’t think there’s any place in the state of Minnesota that has not been subjected to extreme amounts of publicity in this case.”

Minnesota Attorney General Keith Ellison cheered the judge’s decision.

“The court has taken careful, considered steps to mitigate the effects of pretrial publicity that make a continuance and change of venue unnecessary,” he said in a written statement. “A week ahead of schedule, both sides have now agreed on 12 jurors, more than half of whom were selected since early last Friday afternoon and all of whom have been carefully screened for impartiality in the face of inevitable pretrial publicity not only in Hennepin County, but in every part of Minnesota.”

Of 326 jurors in the jury pool, the court questioned 57 in the first eight days of jury selection. The defense struck 12, the state struck six and the court excused 27, according to the judge.

‘There is no good timing to settle any case,’ city lawyer says

After the court cut two jurors who said they were swayed by the city’s $27 million settlement with the Floyd family, Minneapolis Mayor Jacob Frey and city attorney Jim Rowader said Thursday they don’t think the proceedings have been hurt by the settlement.

Rowader said in a press conference the city decided to move forward with the settlement in part because there was “no guarantee” the deal would’ve been available weeks or months from now. He declined to elaborate.

“There is no good timing to settle any case, particularly one as complex and involved and sensitive as this,” he said. “It’s clear from the judge’s comments this week that he does not want us to talk about the settlement at this time while they’re finishing jury selection.”

In court, Eric Nelson, the lead defense attorney, complained that the city had addressed the settlement at another press conference.

The prosecution brought it up again at the end of the day, spurring Cahill to angrily respond, “I’ve asked the City of Minneapolis to stop talking about it,” referring to the settlement. “Everybody just stop talking about it,” Cahill said. “Let me decide what the ramifications are.”

Six of the eight potential jurors questioned Thursday said they knew about the settlement, and all three people seated knew the amount. Only one juror said his awareness of the settlement would affect his impartiality – that it made him think Chauvin was guilty.

Contributing: Clairissa Baker, St. Cloud Times; The Associated Press

This article originally appeared on USA TODAY: Derek Chauvin trial live: Jurors to hear about prior Floyd arrest

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