A light rail train is blocked briefly by demonstrators next to the plaza at Hennepin County Government Center on the eve of the start of the trial of Derek Chauvin in the killing of George Floyd, Sunday, March 28, 2021, in Minneapolis. (Jeff Wheeler/Star Tribune via AP)

A light rail train is blocked briefly by demonstrators next to the plaza at Hennepin County Government Center on the eve of the start of the trial of Derek Chauvin in the killing of George Floyd, Sunday, March 28, 2021, in Minneapolis. (Jeff Wheeler/Star Tribune via AP)

Video of Floyd arrest may appear early at ex-cop’s trial

Trial is expected to last about four weeks at the courthouse in downtown Minneapolis

MINNEAPOLIS — A former Minneapolis police officer goes on trial Monday in George Floyd’s death, and jurors may not wait long to see parts of the bystander video that caught Derek Chauvin’s knee on Floyd’s neck, sparking waves of outrage and activism across the U.S. and beyond.

Prosecutors have not said when they will play the video, but legal experts expect it to be early — maybe even in the prosecution’s opening statement — as they seek to remind jurors of what is at the heart of their case.

“If you’re a prosecutor you want to start off strong. You want to frame the argument — and nothing frames the argument in this case as much as that video,” said Jeffrey Cramer, a former federal prosecutor and managing director of Berkeley Research Group in Chicago.

Floyd was declared dead after Chauvin, who is white, pressed his knee against Floyd’s neck for about nine minutes. He held his position even as Floyd’s “I can’t breathe” cries faded and he went limp as he was handcuffed and lying on his stomach. Chauvin is charged with unintentional second-degree murder, third-degree murder and manslaughter.

Almost all of the jurors selected during more than two weeks of questioning said they had seen at least parts of the video, and several acknowledged it gave them at least a somewhat negative view of Chauvin. But they said they could set that aside.

The trial is expected to last about four weeks at the courthouse in downtown Minneapolis, which has been fortified with concrete barriers, fencing, and barbed and razor wire. City and state leaders are determined to prevent a repeat of damaging riots that followed Floyd’s death, and National Guard troops have already been mobilized.

The key questions at trial will be whether Chauvin caused Floyd’s death and whether his actions were reasonable.

For the unintentional second-degree murder charge, prosecutors have to prove Chauvin’s conduct was a “substantial causal factor” in Floyd’s death, and that Chauvin was committing felony assault at the time. For third-degree murder, they must prove that Chauvin’s actions caused Floyd’s death, and were reckless and without regard for human life. The manslaughter charge requires proof that Chauvin caused Floyd’s death through negligence that created an unreasonable risk.

After jury instructions, prosecutors will begin with their opening statement, providing a road map of their case and telling jurors what they can expect to see at trial, said Mike Brandt, a local defence attorney who is watching the case closely. They’ll outline what’s to come, highlighting key witnesses

Chauvin’s defence attorney, Eric Nelson, will likely use his opening statement to push back on what prosecutors say, and tell jurors that medical testimony and use of force experts will show a different view. Nelson has made clear that the defence will make an issue of Floyd swallowing drugs before his arrest, seeking to convince the jury that he was at least partially responsible for his death.

The county medical examiner’s autopsy noted fentanyl and methamphetamine in Floyd’s system, but listed his cause of death as “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression.”

Prosecutors are expected to play the bystander video early, because they will want to put the image of Chauvin with his knee on Floyd’s neck in jurors’ minds.

“It sets the stage for anything to follow,” Brandt said. “No matter what happens after that, we’re done.”

He said that while the video is key, the case is really going to be a battle of experts on authorized use of force and cause of death.

Cramer agreed the video gives the prosecutors some “firepower,” but said it’s not going to be where the case is fought. He said people know Floyd died, but the key point of dispute is going to be why it happened and whether Chauvin acted reasonably in that moment.

“Obviously the result was tragic, but were the actions reasonable at that time for that officer,” he said.

The defence, he said, only needs one juror to believe prosecutors didn’t prove their case beyond a reasonable doubt.

Fifteen jurors will appear in court Monday when the case starts, but Hennepin County Judge Peter Cahill said the 15th was chosen simply to ensure that 14 would be in place once the trial begins. He’s expected to dismiss that person immediately.

Two of the remaining 14 will be alternates, but the court hasn’t made clear which ones.

The panel of 15 includes nine people who are white and six who are Black or multiracial, according to the court. Jury selection took more than two weeks, as jurors were questioned individually about their views on police, racial justice issues and pretrial publicity in the case.

On Sunday night, national civil rights leaders appeared at a prayer service alongside several of Floyd’s family members. Several dozen attendees congregated in the benches at Greater Friendship Missionary Church. The speakers called for justice in Floyd’s death, mirroring the words spoken by leaders during a protest earlier Sunday in downtown Minneapolis.

“This case to us is a slam dunk, because we know the video is the proof, it’s all you need,” Floyd’s brother Philonise said Monday on NBC’s “Today” show. “The guy was kneeling on my brother’s neck … a guy who was sworn in to protect. He killed my brother in broad daylight. That was a modern-day lynching.”

By The Associated Press

PoliceracismUnited States

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

Just Posted

Cowboy Kicks, originally scheduled for May 5, will now take place Sept. 18. (Contributed photo)
Westerner Park’s Cowboy Kicks fundraiser moved to Sept. 18

A major fundraiser for Westerner Park and the Canadian Pro Rodeo Sport… Continue reading

Red Deer Rebels forward Josh Tarzwell tries to tip a point shot past Lethbridge Hurricanes goalie Car Tetachuk in WHL action Friday night at the Centrium. (Photo by ROB WALLATOR/Red Deer Rebels)
Red Deer Rebels struggles continue, drop seventh straight to Hurricanes

Hurricanes score three power-play goals in 6-3 win

Downtown Red Deer patio restaurants have been busy this summer. Contributed photo
City of Red Deer expediting patio application process for restaurants

The City of Red Deer is allowing businesses to install patios prior… Continue reading

RDC Queens forward Camryn Wallan was named the 2020-21 RDC Outstanding Female Athlete of the Year. (Photo by BYRON HACKETT/Advocate Staff)
Wallan, Podgorenko named 2020-21 RDC Outstanding Athletes of the Year

Even with the cancellation of the 2020-21 Alberta Colleges Athletic Association, RDC… Continue reading

A new Angus Reid poll says that close to two-thirds of Albertans think premier Jason Kenney is doing a bad job handling the COVID-19 pandemic. (Photo by Chris Schwarz/Government of Alberta)
75% of Albertans disapprove of Kenney’s pandemic leadership: poll

Nearly 75 per cent of Albertans believe Premier Jason Kenney is doing… Continue reading

Red Deer-South MLA Jason Stephan is among those who have signed an open letter criticizing the government’s return to stricter health measures. (Advocate file photo).
Updated: Kenney tells UCP caucus COVID-19 dissent OK, breaking health rules means expulsion

15 MLAs released letter on Wednesday critical of new health restrictions

Here masking tape was applied to both sides of a joint to be caulked. Peeling the tape off as soon as the caulking is smeared with a finger leaves behind a neat edge. (Photo by Robert Maxwell)
Houseworks: Unheated spaces can cause tools to rust

Q: How well do woodworking tools survive in an unheated Canadian workshop?… Continue reading

University of Victoria rowing coach Barney Williams is seen in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, Friday, Nov. 29, 2019. The University of Victoria and the head coach of its women's rowing team have denied allegations of demeaning and aggressive treatment outlined in a lawsuit filed last summer by a former student and team member. THE CANADIAN PRESS/Chad Hipolito
UVic, women’s rowing coach deny former athlete’s allegation of verbal abuse

UVic, women’s rowing coach deny former athlete’s allegation of verbal abuse

Canada's Julia Grosso, right, and Wales' Natasha Harding battle for the ball during the women's international friendly soccer match at Leckwith Stadium, Wales, Friday, April 9, 2021. Canada blanked Wales 3-0 but lost captain Christine Sinclair to an injury in the fist half of a soccer friendly Friday. THE CANADIAN PRESS/AP-PA, Nick Potts
Canada blanks Wales in soccer friendly but has injury scare with Christine Sinclair

Canada blanks Wales in soccer friendly but has injury scare with Christine Sinclair

Canada's DTH Van Der Merwe, left, is tackled by Hong Kong's Toby Fenn, during the 2019 Japan Rugby Union World Cup qualifying match between Canada and Hong Kong, in Marseille, southern France, Friday, Nov. 23, 2018. THE CANADIAN PRESS/AP/Claude Paris
Canadian rugby star DTH van der Merwe enjoying life in Los Angeles

Canadian rugby star DTH van der Merwe enjoying life in Los Angeles

Team Canada skip Brendan Bottcher, right, makes a shot as second Brad Thiessen sweeps against Germany at the Men's World Curling Championships in Calgary, Alta., Friday, April 9, 2021.THE CANADIAN PRESS/Jeff McIntosh
Canada’s Bottcher heads into men’s world curling playoffs on a winning note

Canada’s Bottcher heads into men’s world curling playoffs on a winning note

Justin Rose, of England, hits out of a bunker on the seventh hole during the second round of the Masters golf tournament on Friday, April 9, 2021, in Augusta, Ga. (AP Photo/Gregory Bull)
Rose clings to 1-shot Masters lead as Spieth, Thomas lurk

Rose clings to 1-shot Masters lead as Spieth, Thomas lurk

People shop for essential items at Costco as pallets block off aisles and sections that have been deemed non-essential during the COVID-19 pandemic, in Mississauga, Ont., Thursday, April 8, 2021. Retailers in Ontario are adjusting to new lockdown restrictions with stores like grocers, discount and big box chains roping off non-essential items from underwear to calculators. THE CANADIAN PRESS/Nathan Denette
Ontario retailers adjust to new rules, non-essential goods off-limits to shoppers

Ontario retailers adjust to new rules, non-essential goods off-limits to shoppers

A worker smooths concrete at a construction site in Toronto on January 16, 2020. THE CANADIAN PRESS/Cole Burston
Economy adds 303,000 jobs in March, unemployment rate falls, Statistics Canada says

Economy adds 303,000 jobs in March, unemployment rate falls, Statistics Canada says

Most Read