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Why was Derek Chauvin trial paused? Jury selection on hold as prosecutors mull adding third-degree murder charges

Chauvin’s attorney argues that the sensitivity surrounding the case and the violent unrest in Minneapolis might make finding an impartial jury impossible
UPDATED MAR 9, 2021
George Floyd was killed on May 26, 2020, after Derek Chauvin knelt on his neck for over eight minutes (Getty Images)
George Floyd was killed on May 26, 2020, after Derek Chauvin knelt on his neck for over eight minutes (Getty Images)

While the jury selection for 'killer cop' Derek Chauvin trial began on March 8, Black Lives Matter protesters took to the streets of Minneapolis, demanding action against the police brutality that killed George Floyd on May 26, 2020.

Chauvin was sat in the courthouse while protestors holding signs turned up outside of the Hennepin County Government Center. The jury selection was however postponed and did not take place on the scheduled date as discussions regarding the charge being reinstated taking place.

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Why was the jury selection postponed?

According to Chauvin's lawyer Eric Nelson, he is going to ask the Supreme Court to review the decision regarding third-degree murder charges. Chauvin is currently being charged with second-degree murder and manslaughter, which means there was the intention to murder, although it hadn't been planned before. If Chauvin's charges are dropped to third-degree, it will mean that there was the intention to harm someone, but not expecting the victim to die, even though the victim dies. 

George Floyd protests outside the court

The courthouse had been guarded with layers of fencing prior to the trial; a sign attached to it told protesters 'you are welcome here', noting that it is a 'restricted area'. One of the protesters was seen holding a mirror with red writing that said 'Derek Chauvin you are a murderer'.

This comes after almost a year-long protest against police brutality, which was spurred when Floyd, a 49-year-old man was killed on May 26, 2020, after Chauvin knelt on his neck for over eight minutes. The horrifying video of Chauvin pressing Floyd's face into the ground, asphyxiating him to death, went viral on social media. The footage also showed Floyd repeatedly saying "I can't breathe" — a slogan that was adopted by the Black Lives Matter movement right from the start.

A protester holds a sign with a photo of former Minneapolis police officer Derek Chauvin during demonstrations following the death of George Floyd on May 30, 2020, in Los Angeles, California (Getty Images)

Jury selection protocols

Due to Covid-19 guidelines in place and also owing to the highly sensitive nature of the case, the jury selection will be following certain atypical norms. Opening statements are expected to be delayed after a Court of Appeals ruled that Hennepin District Judge Peter Cahill made an error in dismissing the additional third-degree murder charge against Chauvin.

As prosecutors and defense attorneys attempt to weed out people who might be biased against them, jury selection might get delayed up to three weeks. “You don’t want jurors who are completely blank slates, because that would mean they’re not in tune at all with the world,” Susan Gaertner, a former prosecutor, said. “But what you want is jurors who can set aside opinions that have formed prior to walking into the courtroom and give both sides a fair hearing.”

Derek Chauvin captured in a bystander video, kneeling on George Floyd's neck leading to his death (YouTube)

Chauvin’s attorney, Nelson, continues to argue that the sensitivity surrounding the case and the violent unrest in Minneapolis from how publicized the matter became, might make finding an impartial jury impossible. Judge Cahill, however, believes that moving the trial won't be of any help as “no corner of the State of Minnesota” has been shielded from the publicity surrounding the trial. 

Potential jurors, who must be at least 18, US citizens, and residents of Hennepin County, have already been sent questionnaires to determine their knowledge of the case and get an idea of whether they have formed any opinions or not. They have also been asked about prior contacts with the police, whether they have protested against police brutality, and whether they believe the justice system is fair or not. Jury selection will end after 14 people are picked, 12 out of which will deliberate the case, and two alternates who won't be part of the deliberations unless needed. The jury will also be questioned one by one, given the Covid-19 guidelines, as opposed to in a group. 

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