Derek Chauvin Trial, Day 4 Live Updates: 3rd-Degree Murder Charge Reinstated, 6th Juror Seated
UPDATE (3:50 p.m.):The last potential juror of the day, assigned No. 41, was excused by Judge Peter Cahill after indicating they did not believe they could set aside opinions they developed after watching the video of Derek Chauvin kneeling on George Floyd's neck.
This potential juror was asked directly by the state, "You don't think that you could give the defendant a fair trial?"
"Exactly," they said.
Court is in recess until Friday morning. By Cahill's count, the defense has exercised seven peremptory strikes so far to the state's four.
Six jurors have been seated.
UPDATE (3:40 p.m.):The defense exercised a peremptory strike on potential juror No. 40 and he was excused.
This potential juror, a music teacher, visited the site of George Floyd's death and called it "holy ground" in a social media post.
"I'm glad I wrote that," he said during questioning.
UPDATE (2:50 p.m.):Judge Peter Cahill offered clarification on the current racial makeup of the jury while discussing a Batson challenge from the state.
UPDATE (2:40 p.m.):The defense exercised a peremptory strike on potential juror No. 39.
The state issued a Batson challenge. Potential juror No. 39 identifies as Hispanic.
"I don't find that this was race-based," Judge Peter Cahill said, citing the potential juror's comparison of the video of George Floyd's arrest to "images of World War II." The potential juror was excused.
UPDATE (12:05 p.m.): The prosecution strikes potential juror No. 38. The state has five strikes left to use.
In court, the potential juror described himself as a business owner who moved to Minnesota from California three years ago. He said he'd previously served on a jury. The court reporter described him as a white man in his 20s or 30s.
In his questionnaire, the potential juror responded that he was neutral to both Derek Chauvin and George Floyd. He said he's seen clips of the bystander video of Floyd's arrest on the news.
His view toward Black Lives Matter was "somewhat negative" due to the unrest in Minneapolis following Floyd's death.
"Everybody has a right to protest," he said. "But the message may have gotten hijacked by the rioting."
The man said he does not live in Minneapolis. He said that he's never had a negative experience with law enforcement.
UPDATE (10:49 a.m.): Potential juror No. 37 is excused. The defense motioned to strike her for cause, which Judge Peter Cahill granted.
In court, potential juror No. 37, a Black woman, described herself as a single mother of two young children. She expressed concerns over sequestration, but said she'd try her best to make it work if picked for the jury.
In responding to the questionnaire, she said that she had a "very negative" view of Derek Chauvin stemming from to the video of the former Minneapolis police officer kneeling on George Floyd's neck. When questioned by the defense, she said that she could be impartial, but there was "no changing [her] mind" concerning the video.
When the judge asked her if she could presume that Chauvin was innocent and she responded, "I wouldn't like that verdict." In explaining why he granted the motion to strike her, the judge cited this interaction.
UPDATE (10:03 a.m.): Potential juror No. 36 will be on the jury. He is the sixth juror to be seated.
He is a person of color and spoke with an accent. In his questionnaire, he wrote that he had a "very negative" impression of Derek Chauvin after watching the arrest video of George Floyd. He said that Floyd was "desperately screaming" while Chauvin was kneeling on his neck. Still, the juror said that he would be willing to hear all the evidence.
WATCH LIVE: Jury selection in the Derek Chauvin trial.
The juror described himself as a family man, a sports fan, a route driver, and a true crime podcast junkie. In his questionnaire, he said that Floyd would have lived if he complied with officers' demands. He responded that he "somewhat disagrees" that the justice system is biased against minorities, adding that he thinks the media exaggerates such incidents.
The court needs to seat a total of 12 jurors and two alternates.
UPDATE (9:17 a.m.): Jury selection continues. The court excuses potential juror No. 31 for cause. Neither side challenges.
UPDATE (8:37 a.m.): Judge Peter Cahill reinstates the third-degree murder charge against Derek Chauvin, marking a significant victory for the prosecution.
According to experts, the third-degree murder charge could make it easier for the prosecution to get Chauvin convicted. The former Minneapolis police officer now faces three charges: second-degree murder, third-degree murder and manslaughter.
Following his decision, Cahill explained that he was bound by the recent appellate court ruling in the case of Mohamed Noor, the former Minneapolis police officer convicted of third-degree murder in the 2017 shooting death of Justine Ruszczyk Damond. That ruling declared that third-degree murder can be applied to acts directed toward a single individual.
Cahill specified that his decision did not immediately affect the charges against the other three former Minneapolis police officers charged in George Floyd's death. That will addressed later. The other three ex-cops are slated to stand trial in August.
MINNEAPOLIS (WCCO) -- A key decision was made in the Derek Chauvin trial Thursday morning regarding an additional murder charge.
Judge Peter Cahill announced about 30 minutes into the proceedings that the third-degree murder charge against the former Minneapolis police officer will be reinstated.
WATCH LIVE: The trial will be streamed live on CBSN Minnesota.
Initially, Chauvin was charged with third-degree murder in the death of George Floyd, but Cahill dropped the charge, citing probable cause. Last month, however, an appeals court ruling in the case of Mohamed Noor set precedent just weeks before Chauvin's trial was set to begin. The appellate court ruled last week that Cahill needed to make a decision on the third-degree murder charge in line with the Noor precedent.
On Wednesday, the Minnesota Supreme Court rejected Chauvin's petition for further review on the third-degree murder charge.
RELATED: Minn. Supreme Court Denies Defense's Appeal For Review Of 3rd-Degree Murder Charge
Chauvin also faces charges of second-degree murder and manslaughter in the May 25 death of Floyd. Bystander video of Floyd's fatal arrest showed Chauvin kneeling on his neck for several minutes as Floyd was handcuffed, repeatedly saying he couldn't breathe.
Chauvin's trial began Monday, but the prosecution attempted to halt proceedings until a decision came down in regards to the third-degree murder charge. Cahill continued with jury selection on Tuesday. Since then, five jurors have been seated.
So far, the panel is composed of three white men in their 30s, a Black man in his 30s, and a woman in her 20s or 30s who appears to be a person of color. The court is working to seat 12 jurors and two alternates.
RELATED: Timeline: George Floyd's Death, Unrest In Minneapolis And The Derek Chauvin Case
During questioning, the lawyers for the defense and the state asked potential jurors about how they resolve conflicts, their thoughts on the video of Floyd's arrest, and their views of Black Lives Matter and Blue Lives Matter.
Jury selection is scheduled to last three weeks. Opening statements in the trial are currently slated for March 29.
