In this screen grab from video, defense attorney Eric Nelson, left, and defendant and former Minneapolis police officer Derek Chauvin, right, listen as Hennepin County Judge Peter Cahill discusses pre-trial motions, prior to continuing jury selection, Friday, March 19, 2021, at the Hennepin County Courthouse in Minneapolis, Minn. Chauvin is charged in the May 25, 2020 death of George Floyd. (Court TV via AP, Pool)

Judge won’t move trial in Floyd’s death; 13th juror picked

Judge won’t move trial in Floyd’s death; 13th juror picked

MINNEAPOLIS — 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.

___

Find AP’s full coverage of the death of George Floyd: https://apnews.com/hub/death-of-george-floyd

___

This story has been corrected to show the court has not said if the final two jurists chosen will be the alternates.

Steve Karnowski And Amy Forliti, The Associated Press

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

Just Posted

Lieutenant Commander Nicole Robichaud welcomes members of the Liberian Coast Guard aboard the HMCS Moncton for training with Royal Canadian Navy off the coast of Monrovia, Liberia, Africa. (Contributed photo by Corp. Ryan Moulton)
Red Deer-raised woman finds her sea legs as commander in the Royal Canadian Navy

Cdr. Nicole Robichaud started out as a local sea cadet

Rode
Feddema adds size and grit to RDC basketball Queens

Iris Feddema has known for several years what she wanted her future… Continue reading

A local photographer captured the contrails of two planes that crossed in the sky over north Red Deer on Wednesday. (Photo contributed by Eric Fischer)
Photo: Planes criss-cross over Red Deer

A local photographer captured the contrails of two planes that crossed in… Continue reading

Red Deer Public Schools will not pilot the new draft curriculum at its elementary schools. (File photo contributed by Red Deer Public Schools)
UPDATED: Red Deer Public Schools says no to piloting new curriculum

Alberta Teachers’ Association support school boards

A man injects hydromorphone at the Providence Health Care Crosstown Clinic in the Downtown Eastside of Vancouver, B.C., on Wednesday April 6, 2016. THE CANADIAN PRESS/Darryl Dyck
NDP lawmaker tables bill to decriminalize drug use as overdose deaths soar

NDP lawmaker tables bill to decriminalize drug use as overdose deaths soar

Conservative leader Erin O'Toole holds a press conference on Parliament Hill in Ottawa on Tuesday, April 6, 2020. THE CANADIAN PRESS/Sean Kilpatrick
Low-carbon bucks: Conservatives pitch consumer carbon pricing through savings account

Low-carbon bucks: Conservatives pitch consumer carbon pricing through savings account

Deputy Chief Public Health Officer Howard Njoo responds to a question about vaccines during a weekly news conference, Thursday, Jan. 14, 2021 in Ottawa. Njoo says a faster vaccine ramp-up alone would likely not have thwarted the third wave of COVID-19 in many parts of the country. THE CANADIAN PRESS/Adrian Wyld
Ottawa’s COVID-19 vaccine point man aims to ensure more predictability for shipments

Ottawa’s COVID-19 vaccine point man aims to ensure more predictability for shipments

Evan Siddall is pictured in Ottawa on September 21, 2017. Former head of Canada Mortgage and Housing Corp. Evan Siddall has been named as the next chief executive for Alberta Investment Management Corp. He will succeed Kevin Uebelein. THE CANADIAN PRESS/Sean Kilpatrick
AIMCo names former CMHC head Evan Siddall as next chief executive

AIMCo names former CMHC head Evan Siddall as next chief executive

A for sale sign is shown in by new homes in Beckwith, Ont., just outside Ottawa, on Wednesday, Jan. 11, 2018. THE CANADIAN PRESS/Sean Kilpatrick
Canadian home sales up 76% year-over-year, set new March record: CREA

Canadian home sales up 76% year-over-year, set new March record: CREA

WestJet president and CEO Ed Sims addresses the airline's annual meeting in Calgary, Tuesday, May 7, 2019. THE CANADIAN PRESS/Jeff McIntosh
WestJet CEO Ed Sims finds Air Canada aid package ‘bittersweet’ as talks drag on

WestJet CEO Ed Sims finds Air Canada aid package ‘bittersweet’ as talks drag on

The TMX broadcast centre is shown in Toronto on May 9, 2014. THE CANADIAN PRESS/Darren Calabrese
S&P/TSX composite, Dow Jones and S&P 500 set record highs as mood rises on economy

S&P/TSX composite, Dow Jones and S&P 500 set record highs as mood rises on economy

A man wearing a protective face mask to help prevent the spread of COVID-19 checks his phone as the sun sets in English Bay in Vancouver on April 5, 2021. Canada's existing mobile phone services and consumer groups will get a landmark ruling from the CRTC this afternoon. The regulatory ruling could shift some of the market power held by Rogers, Bell and Telus, which collectively have more than 90 per cent of the country's subscribers. THE CANADIAN PRESS/Jonathan Hayward
CRTC to allow smaller wireless players better access to national networks

CRTC to allow smaller wireless players better access to national networks

Most Read