Hennepin County Judge Peter Cahill presides over pretrial motions before jury selection in the trial of former Minneapolis police officer Derek Chauvin on Tuesday, March 9, 2021 at the Hennepin County Courthouse in Minneapolis. (Court TV, via AP, Pool)

Hennepin County Judge Peter Cahill presides over pretrial motions before jury selection in the trial of former Minneapolis police officer Derek Chauvin on Tuesday, March 9, 2021 at the Hennepin County Courthouse in Minneapolis. (Court TV, via AP, Pool)

Judge refuses to move ex-cop’s trial over George Floyd’s death

Jury selection in the trial of Derek Chauvin will stretch into a third week

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.

Jury selection in the trial of Derek Chauvin will stretch into a third week after attorneys seated just one additional juror Friday. The 13th juror picked is a woman who said she’d seen only clips of the video of Floyd’s arrest and needs to learn more about what happened beforehand.

Late Friday, the court said up to 16 jurors would be chosen. An earlier court order in November had said as many as four alternates would be picked, but once Chauvin’s trial was separated from the trial of three other former officers charged in Floyd’s death, the court had said only two alternates would be chosen for this case.

Seven jurors had been picked 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, saying the settlement timing was deeply disturbing and jeopardized Chauvin’s chance for a fair trial. Chauvin is charged with murder and manslaughter.

But Cahill, who called the timing “unfortunate,” said he believed a delay would do nothing to stem the problem of pretrial publicity, and that there’s no place in Minnesota untouched by that publicity.

The judge handed the defence a victory by ruling that the jury can hear evidence from Floyd’s 2019 arrest, but only information possibly pertaining to the cause of his death in 2020. He acknowledged several 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 he reconsidered after drugs were found in January in a second search of the police SUV that the four officers attempted to put Floyd in last year. The defence argues that Floyd’s drug use contributed to his death.

Cahill said he’d 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 behaviour,” such as calling out to his mother, won’t be admitted.

But Cahill said he doesn’t plan to allow the testimony of a forensic psychiatrist for the prosecution. Floyd said he had claustrophobia and resisted getting into the squad car before the fatal encounter last year, and the state wanted Dr. Sarah Vinson to testify that his actions were consistent with a normal person experiencing severe stress, as opposed to faking or resisting arrest.

The judge said he would reconsider allowing her as a rebuttal witness if the defence somehow opens the door, but allowing her to testify could usher in all of the evidence from Floyd’s 2019 arrest.

“Clearly there is a cause of death issue here, and it is highly contested,” Cahill said, noting that both arrests involved Floyd’s cardiac problems and ingesting drugs.

The county medical examiner classified Floyd’s death as a homicide in an initial summary that said he “had a cardiopulmonary arrest while being restrained by police.” Floyd was declared dead at a hospital 2.5 miles (4 kilometres) from where he was restrained.

The full report said he died of “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression.” A summary report listed fentanyl intoxication and recent methamphetamine use under “other significant conditions” but not under “cause of death.”

The earlier arrest lends more weight to the defence plan to argue that Floyd put his life in danger by swallowing drugs again and that, combined with his health problems, caused his death, said Ted Sampsell-Jones, a professor at the Mitchell Hamline School of Law.

“Jurors are not supposed to be influenced by that sort of thing, but they are human,” Sampsell-Jones said.

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. Floyd’s death, captured on a widely seen bystander video, set off weeks of sometimes violent protests across the country and led to a national reckoning on racial justice.

The 13 jurors seated through Friday are split by race: Seven are white, four are Black and two are multiracial, according to the court.

It’s unclear which jurors would be alternates. Legal experts said it’s almost always the last people chosen, but the court said that wouldn’t necessarily be the case for Chauvin’s jury. Spokesman Kyle Christopherson said alternates could be chosen “many different ways,” but declined to give details.

“You can see in this case why (Cahill) might want to do something different, like draw numbers from a hat,” said Sampsell-Jones. He said the judge needs all jurors to pay attention and wouldn’t want anyone to learn they are alternates through the media.

The woman picked Friday — a white woman in her 50s — said she’s never seen police officers use more force with Black people or minorities than with white people, and that there’s nothing to fear from police if people co-operate and comply with commands. She stopped short of saying an unco-operative person deserves to be harmed.

“If you’re not listening to what the commands are, obviously something else needs to happen to resolve the situation,” she said of officers’ actions. “I don’t know how far the steps need to go.”

Several potential jurors were dismissed Friday, including a college student who attended protests that called for Chauvin and the other officers to be fired and charged, and one man who said he’d have a hard time believing testimony of Minneapolis police officers, because he believes they might try to cover up something.

Opening statements are March 29 if the jury is complete.

United States

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Old English design elements can be seen in the sign of the Summerland Farm and Garden Centre in 1993. The guidelines are no longer in place, but some downtown businesses still show aspects of the days when Summerland had a theme in place. This photo was taken by Summerland photographer Dan Dorotich. (Photo courtesy of the Summerland Museum)
Summerland’s Old English theme has been abandoned

From the 1980s until the early 2000s, Summerland had design guidelines in its downtown

Penticton bylaw officers tore down a “pretty significantly sized” homeless camp underneath the bridge near Riverside Drive Friday, April 16 morning. (Brennan Phillips - Western News)
Penticton bylaw tears down ‘significantly sized’ homeless camp under bridge

Many residents had made complaints about the camp before it was torn down

Through their Simple Generosity campaign, Valley First has pledged to donate $1 million of community support to British Columbia communities in 2021. (Contributed)
Valley First rewarding Penticton families with innovative way to thrive together

Participants with ‘inspiring ideas’ will receive a surprise for their family, valued at up to $2,500

Elvira D’Angelo, 92, waits to receive her COVID-19 vaccination shot at a clinic in Montreal, Sunday, March 7, 2021, as the COVID-19 pandemic continues in Canada and around the world. THE CANADIAN PRESS/Graham Hughes
110 new cases of COVID-19 in Interior Health

Provincial health officers announced 1,005 new cases throughout B.C.

Ryan Upson’s first BCHL hat-trick propelled the Vees to a 7-1 stomping of the Cranbrook Bucks Thursday April 16) night to improve their record to 7-1-0-0 in this abbreviated pod season. (Cherie Morgan/Cherie Morgan Photography)
Pentiton Vees bounce back with big win over Bucks

Vees score five in under five minutes, win 7-1 over Cranbrook

Flow Academy is located at 1511 Sutherland Avenue in Kelowna. (Michael Rodriguez - Capital News)
Black Press Media Weekly Roundup: Top headlines this week

Here’s a quick roundup of the stories that made headlines across the Okanagan, from April 11 to 16

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
B.C. health minister says delay in Moderna vaccine ‘disappointing’

‘The sooner we get vaccines in people’s arms the better, and inconsistency in delivery is a consistent problem. This is simply a reality and not an issue of blame,’ Adrian Dix said Friday

(Police handout/Kamloops RCMP)
B.C. man dies in custody awaiting trial for Valentine’s Day robbery, kidnapping spree

Robert James Rennie, who was on the Kamloops RCMP’s most wanted list, passed away at the North Fraser Pretrial Centre in Coquitlam

Photos of Vancouver Canucks players are pictured outside the closed box office of Rogers Arena in downtown Vancouver Thursday, April 8, 2021. THE CANADIAN PRESS/Jonathan Hayward
Canucks games against Leafs postponed as team returns from COVID-19

The team has had 11 games postponed since an outbreak late last month

Danita Bilozaze and her daughter Dani in Comox. Photo by Karen McKinnon
Island woman makes historic name change for truth and reconciliation

Becomes first person in Canada to be issued new passport under the TRC Calls to Action

Vancouver Police Const. Deepak Sood is under review by the Independent Investigations Office of B.C. after making comments to a harm reduction advocate Sunday, April 11. (Screen grab)
VIDEO: Vancouver officer convicted of uttering threats under watchdog review again

Const. Deepak Sood was recorded Sunday saying ‘I’ll smack you’ and ‘go back to selling drugs’ to a harm reduction advocate

Provincial health officer Dr. Bonnie Henry prepares a daily update on the coronavirus pandemic, April 21, 2020. (B.C. Government)
B.C.’s COVID-19 infection rate persists, 1,005 new cases Friday

Hospitalization up to 425, six more virus-related deaths

Ford F-350s have been targeted in the North Okanagan by auto thieves since February 2021, Vernon North Okanagan RCMP data shows. (Gene J. Puskar - The Canadian Press/AP file)
Auto thieves target older Ford F-350s in Vernon: RCMP

Vernon Mounties remind all motorists no vehicle is immune to auto crime

The Nautical Dog Cafe at Skaha marina is getting its patio ready in hopes Mother Nature will provide where provincial restrictions have taken away indoor dining. (Facebook)
‘A lot of instability’: B.C. restaurants in layoff limbo

As COVID-19 cases stay high, restaurants in British Columbia are closed to indoor dining

Most Read