Derek Chauvin Trial, Day 2 Live Updates: 3 Jurors Seated So Far, Appeals Court Decision Still Looms
UPDATE (5:30 p.m.):Potential juror No. 19 will be seated on the jury in the Derek Chauvin trial.
A total of three jurors were chosen Tuesday. Eleven more need to be selected, for 12 total jurors and two alternates.
This juror is a white auditor in his 30s. He said he has a "friend of a friend" who is a K-9 handler for the Minneapolis Police Department and that he supports Black Lives Matter in a general context.
UPDATE (3:55 p.m.):The judge has excused potential juror No. 17 for cause.
This potential juror, a 19-year-old trade student, said the jury selection process made him "uncomfortable" and "anxious."
When the defense asked about how the potential juror's personal opinions could impact his ability to remain fair and impartial, the potential juror said he believes "the MPD has a history of corruption."
"I just hear that there's a lot of bad cops in the MPD," he said.
The potential juror also indicated he would hold law enforcement witnesses to a different standard based on whether the prosecution or defense called the witness.
UPDATE (2:50 p.m.):The judge excused potential juror No. 10 based on his safety concerns about serving on the jury and the fact that the trial timeline coincides with his busiest time at work.
UPDATE (2:30 p.m.):Another juror has been seated in the Derek Chauvin trial.
The ninth potential juror, a woman, was questioned by the defense and state and asked to come back for proceedings on March 29.
She is from northern Minnesota and has a relative who is a police officer. She said she was "super excited" when she got her jury summons and was "still just as excited" when she learned she was being called for the Chauvin trial.
UPDATE (1:50 p.m.):The state exercised their first strike on the eighth potential juror and he was excused from service.
In his questionnaire, the eighth potential juror responded that he had a "very negative opinion" of Derek Chauvin for using "excessive force." Still, he said that he is willing to re-examine his views.
The potential juror said that Black lives matter "absolutely" but has misgivings about the politics of the group Black Lives Matter. Views Blue Lives Matter very favorably.
If he had a blank check, potential juror No. 8 said he'd give it to George Floyd's family. More broadly, he said he'd donate it to police reform efforts.
During questioning by the state, the eighth potential juror expressed concerns about the safety and security of his family if he were to serve on the jury.
He also indicated on his questionnaire that it is not right to second-guess law enforcement officers' decisions while on duty.
"They've got to make split-second decisions and they make those," he said during questioning. "I just respect their service and how they protect their community ... People make mistakes, I certainly understand that."
UPDATE (12:10 p.m.): The defense uses one of its strikes to remove the fourth potential juror.
The fourth potential juror told the court that he moved from a small town in southern California to Minnesota three years ago in order to "chase the Minnesota dream." While being questioned by the defense, he said that he has trained in martial arts, such as Brazilian jiu jitsu. In his questionnaire, he wrote that Derek Chauvin's kneeling on George Floyd's neck was an "illegal move." He also wrote that the officers involved in Floyd's fatal arrest took "the law into their own hands."
The defense called for a peremptory challenge to remove him from the jury pool. The state then raised a Batson challenge. A Batson challenge stems from a U.S. Supreme Court decision that says a court can't eliminate potential jurors on the basis of sex, race, ethnicity, or religion. The state was arguing that the defense was trying to remove him due to his race, as he is Hispanic. The only other person of color to be considered for the jury, potential juror No. 1, was also Hispanic; she was excused.
Judge Peter Cahill allowed the peremptory challenge to strike the fourth potential juror, saying that he and the first potential juror were not similar in their approach to the case.
UPDATE (11:25 p.m.): The third potential juror in the Derek Chauvin trial was excused from jury selection.
When questioned by the judge and the prosecution, she said she had strong opinions about the case and was hoping for a specific outcome.
UPDATE (10:48 a.m.): The second potential juror in the Derek Chauvin trial was selected Tuesday morning to be on the jury. Neither the defense nor the prosecutors challenged him.
The juror is a chemist with a degree in environmental studies and is active in his synagogue. He is in his 20s and 30s. In questioning, it was revealed that on the 16-page questionnaire he responded that he "somewhat disagreed" that Minneapolis police are more likely to respond with force when engaging with Black people. However, he said that he thought the criminal justice system in the United States was biased against minorities based on statistical outcomes.
The questionnaire also showed that he generally supports the sentiment behind the Black Lives Matter movement, but is skeptical of the goals of the Black Lives Matter organization. "I think all lives matter equally," he said. He said he wants to be on the jury because it's his civic duty.
The court has to seat 15 more jurors.
UPDATE (9:56 a.m.): Jury selection begins in the Derek Chauvin trial. The first potential juror was dismissed. When questioned by the defense, it was revealed that on the 16-page questionnaire she wrote that she wanted to be a juror in the case so that she could give her opinion on the "unjust death of George Floyd."
During a pretrial hearing Tuesday, Judge Peter Cahill listened to motions about what to exclude and allow during the trial. He granted the defense's motion to prohibit non-experts from weighing in on how they would have handled the arrest of George Floyd.
WATCH LIVE: The trial is being live-streamed on CBSN Minnesota.
MINNEAPOLIS (WCCO) -- The trial of Derek Chauvin, the former Minneapolis police officer accused of murdering George Floyd, is moving ahead Tuesday with jury selection, even though an appeals court ruling concerning an additional third-degree murder charge could halt proceedings.
Prosecutors are asking the appellate court to put jury selection on hold until the review over adding a third-degree murder charge is complete. However, Judge Peter Cahill said he'll continue with the trial unless the appeals court tells him to stop.
An announcement from the appeals court could come Tuesday morning.
RELATED: Derek Chauvin Trial, Day 1: Jury Selection Paused For At Least A Day
The delay in jury selection, which was slated to start Monday, stemmed from an appeals court decision last week, when a three-judge panel told Cahill to reconsider adding a third-degree murder charge against Chauvin. According to legal experts, a third-degree charge could make it easier to convict Chauvin.
Currently, the former Minneapolis police officer is charged with second-degree unintentional murder and manslaughter. He has pleaded not guilty to both charges. Initially, he was charged with third-degree murder, but Cahill dropped the charge last fall, citing probable cause.
Also on Monday, Eric Nelson, the attorney for Derek Chauvin, said that his team found methamphetamine and fentanyl in the police squad car in which Floyd was put in on the day of his death. The defense said that the drugs had Floyd's DNA on them. Drug use appears to be central to the defense's strategy. Earlier, an autopsy from the state showed that Floyd had fentanyl, methamphetamine and cannabis in his system at the time of his death.
RELATED: Senate GOP Approves $20 Million For Chauvin Trial, But Seeks To Delay New Police Requirements
During a hearing Monday afternoon, the court dismissed 16 jurors of the first 50 potential jurors for "cause" based on their answers to a 16-page questionnaire.
All potential jurors are being required to fill out the questionnaire, which asks about how much people know about the case, their media habits, connections to law enforcement, and experiences with systemic racism.
The court is seeking to find 12 jurors and four alternates. They must be at least 18 years old, live in Hennepin County and be U.S. citizens.
While the trial will be live-streamed, the jurors -- and potential jurors -- will remain anonymous. During the trial, they will be partially sequestered. However, during deliberations, they will be fully sequestered.
RELATED: Timeline: George Floyd's Death, Unrest In Minneapolis And The Derek Chauvin Case
Due to the ongoing COVID-19 pandemic, the number of seats in the courtroom are limited to maintain social distancing. Everyone must wear masks, including the jurors. Only one relative from Floyd's and Chauvin's families will be allowed in the courtroom each day.
Floyd, a Black man, died on May 25 after being arrested outside a south Minneapolis convenience store. Bystander video of the arrest showed Chauvin, who is white, kneeling on Floyd's neck as he lay prone, handcuffed and repeatedly saying he couldn't breathe. Floyd's death sparked protests and riots in the Twin Cities. Since then, the nation has been grappling with a reckoning on racial equity and police brutality.
Three other former Minneapolis police officers are also charged in Floyd's death; their trial is slated for later this summer.
