Derek Chauvin trial: 3 jurors seated in 1st day of jury selection
MINNEAPOLIS (FOX 9) - Jury selection officially began Tuesday in the trial of Derek Chauvin, the former Minneapolis police officer who is charged in the death in George Floyd, with three jurors seated so far. Prosecutors and defense attorneys will continue to question and challenge potential jurors until they can seat a 12-person jury, with two alternates.
The trial will be streamed live, gavel to gavel, at fox9.com/live.
Court proceedings started at 8 a.m. with a hearing on preliminary motions, before moving on to jury selection at 9 a.m. Nine jurors were questioned on Tuesday, with three seated and six others dismissed.
Judge Peter Cahill told the three selected jurors to go home and not to do any reading or research about the case in the coming weeks. He told them to report back to the courthouse on March 29 at 9 a.m., saying he is confident the trial will begin at that time.
Here’s where jury selection currently stands:
- Three jurors seated. A total of 14 jurors (12 jurors and two alternates) are needed to start trial.
- Defense dismissed two jurors. They have 13 peremptory challenges remaining.
- Prosecutors dismissed one juror. They have eight peremptory challenges remaining.
- Judge dismissed three jurors for cause.
Each prospective juror was assigned a randomized number when they filled out the 14-page questionnaire, which asked them about their knowledge of the case, police connections and attitudes towards the justice system as well as their media habits. Both sides agreed to dismiss 16 of the first 50 prospective jurors for cause on Monday based on their answers to the questionnaire.
MORE: How the Chauvin trial jury will be selected
1st juror selected to sit on jury in Derek Chauvin trial
After questioning from both prosecutors and defense attorneys, the first juror was selected to sit on the jury in the trial for Derek Chauvin, the former Minneapolis police officer charged in the death of George Floyd. Prosecutors and defense attorneys will continue to question and challenge potential jurors until they can seat a 12-person jury, with four alternates.
The three jurors selected so far were jurors No. 2, No. 9 and No. 19. They were the second, sixth and ninth jurors to be questioned respectively.
Juror No. 2, a white man in his 20s or 30s, told the court he is a chemist who is passionate about his work and considers himself a logical person.
Questioning by defense attorney Eric Nelson revealed Juror No. 2 wrote on his questionnaire that he wants to serve as a juror in this case, saying it was his civic duty and he believes he can be "good, fair and impartial."
Juror No. 2 said he has not seen any of the videos of Floyd’s deadly arrest, only a photo of what happened. But, through media reports, he had formed an opinion that Floyd was "killed on the ground." He said he visited the 38th and Chicago intersection following Floyd’s death.
Juror No. 9, a woman in her 20s or 30s originally from northern Minnesota, exclaimed, "Awesome!" when told she had been selected to be on the jury. She described her personality as a "go with the flow"-type person.
Juror No. 19, a white man in his 30s, is an auditor by profession. Prosecutors questioned him about answers he gave in his questionnaire regarding his prior knowledge of George Floyd, including what he had seen or read about reported hard drug use and previous incidents involving law enforcement.
The juror put in his questionnaire he has a friend who is a Minneapolis police officer, but told the state prosecutor he has not talked to them about the case or seen him since the pandemic began. He said finding Chauvin guilty or not guilty would not affect their relationship.
Derek Chauvin and his defense attorney Erik Nelson on the second day of his trial in the death of George Floyd. (FOX 9)
The first juror was dismissed after some questioning from Chauvin’s defense team regarding her English proficiency and her opinions about the case after seeing the video of Floyd’s arrest. The defense used one of their 15 peremptory strikes to dismiss the juror.
After Juror No. 1 was dismissed, Judge Cahill voiced concerns that viewers watching the trial at home may be able to see the jurors being questioned in the reflection in the plexiglass. The issue was resolved before the second juror was brought in for questioning by shifting the courtroom lectern to a different angle.
Defense attorneys used their second peremptory strike to dismiss Juror No. 4, who self-identified as Hispanic. Prosecutors challenged the peremptory strike, questioning whether there was a racial motivation behind the defense’s peremptory strike, as the juror was the second person of color the defense had struck from the jury. Juror No. 1 also identified as Hispanic.
The judge disagreed with the state’s claim, believing Nelson had a race-neutral reason to dismiss Juror No. 4.
Prosecutors used the first of their nine peremptory challenges to dismiss Juror No. 8, the fifth juror to be questioned, after questioning him about his belief and respect for law enforcement. The potential juror said it is hard to second-guess police officers who have to make split-second decisions and he generally trusts officers’ judgement.
Judge Cahill was ready to start jury selection on Monday, but delayed it after state prosecutors filed a request with the appeals court to suspend the trial. Prosecutors want a third-degree murder charge reinstated against Chauvin and think the trial should be postponed until the matter is settled.
Meanwhile, Chauvin’s defense attorneys filed a motion with the Minnesota Supreme Court to review the Court of Appeals opinion on the matter.
Derek Chauvin charges
The Minnesota Court of Appeals ruled on Friday that Cahill must reconsider reinstating the third-degree murder charge against Chauvin.
Chauvin is charged with second-degree murder and manslaughter for his role in George Floyd’s death last May. He was initially charged with third-degree murder as well, but Cahill dismissed the charge last October, saying it did not apply to this case.
The prosecution decided to push back on the third-degree murder charge after the Court of Appeals upheld the third-degree murder conviction of former Minneapolis police officer Mohamed Noor in a deadly 2017 shooting. Cahill denied the state's motion to reinstate the third-degree murder charge, standing by his decision to dismiss the charge. However, the Court of Appeals ruled Cahill made the mistake of not following the Noor ruling as precedence.
"The district court therefore erred by concluding that it was not bound by the principles of law set forth in Noor and by denying the state’s motion to reinstate the charge of third-degree murder on that basis," read the order.
Chauvin trial streaming and TV information
The Chauvin trial will be live streamed, gavel to gavel, at fox9.com/live and the FOX 9 News App. You can also find the FOX 9 stream on Tubi through connected TVs. Portions of the trial are likely to be carried live by several broadcast networks as well as Court TV.
Court schedule
The Derek Chauvin trial will continue Tuesday, March 9 at 8 a.m. Central Time in Courtroom 1856 of the Hennepin County Government Center in Minneapolis. During jury selection, until all the preliminary motions are heard by Judge Cahill, court will start at 8 a.m. with a hearing on preliminary motions, before moving on to jury selection at 9 a.m.
QUICK READ: Derek Chauvin trial essential info and FAQs
Jury selection process
To decide the jury, prosecutors and Chauvin’s defense attorneys will question each potential juror one at a time, separately from the others.
Each potential juror has already filled out a questionnaire asking about their knowledge of the case, police connections and attitudes towards the justice system as well as their media habits, which will be provided to the attorneys and the judge before jury selection.
GO DEEP: How the Chauvin trial jury will be selected
Jury to remain anonymous
Potential jurors and jurors will only be referred to by a random, previously assigned number because Judge Cahill has ordered their identities to remain a secret for the duration of the trial. At the conclusion of the trial, Judge Cahill will decide when the jurors’ identities can be made public.
Jury sequestration
The jury will be partially sequestered during the trial and fully sequestered while they are deliberating, which means they cannot go home until they reach a verdict or the judge determines they are hung. However, the judge can order full sequestration of the jury at any time if the partial sequestration proves ineffective in keeping the jurors free from outside influence.
Opening statements in the trial are scheduled to begin on March 29. A verdict in the Chauvin trial is not expected until mid to late April.
Protests and marches in Minneapolis
Hundreds of protesters gathered in downtown Minneapolis Monday morning on the first day of Chauvin's murder trial to demand justice for Floyd, carrying a banner that read "The world is watching."
Crowds demand justice for George Floyd as the Derek Chauvin trial begins Monday.
Protests are planned almost daily in Minneapolis, while the city has spent around $1 million securing the Hennepin County Government Center where the trial is taking place.
Jury to remain anonymous
Potential jurors and jurors will only be referred to by a random, previously assigned number because Judge Cahill has ordered their identities to remain a secret for the duration of the trial. At the conclusion of the trial, Judge Cahill will decide when the jurors’ identities can be made public.
Jury sequestration
The jury will be partially sequestered during the trial and fully sequestered while they are deliberating, which means they cannot go home until they reach a verdict or the judge determines they are hung. However, the judge can order full sequestration of the jury at any time if the partial sequestration proves ineffective in keeping the jurors free from outside influence.
Opening statements in the trial are scheduled to begin on March 29. A verdict in the Chauvin trial is not expected until mid to late April.
No special COVID-19 vaccines for trial
Gov. Tim Walz turned down a request to vaccinate everyone in the courtroom before the murder trial of former Minneapolis police officer Derek Chauvin.
Walz said parties involved in the trial asked him to move them up in the priority list several weeks ago, which would have been enough time to get both doses before jury selection.
Who will be in the courtroom?
Trial Judge Peter Cahill
1 judge's clerk
1 court reporter
Derek Chauvin, the defendant
The jury. The empaneled jury will consist of 12 jurors and 2 alternates.
Up to 4 lawyers or staff for the prosecution, led by Assistant Attorney General Matthew Frank.
Defense attorney Eric Nelson and up to 2 staff from his law firm
1 witness at a time in the courtroom
1 George Floyd family member
1 Derek Chauvin family member
2 members of pooled media - 1 print and 1 broadcast or digital media
1 broadcast technician
Courtroom restrictions
Courtroom 1856 was renovated specifically for the Derek Chauvin trial to maximize capacity and maintain COVID-19 social distancing standards. The courtroom is located on the 18th floor of the Hennepin County Government Center.
Judge Cahill has ordered certain behavior in the courtroom:
Jurors, attorneys, witnesses and support staff must wear masks and keep six feet from other people.
Masks can be removed when giving testimony, examining witnesses, giving opening statements or closing arguments. Attorneys must conduct all witness examinations and arguments from the lectern.
Any sidebar conferences will be conducted over wireless headsets. Chauvin will be outfitted with a headset to listen to these conferences, which will be off-the-record.
Jurors and potential jurors will be escorted to courtroom each day by deputies or security. No one can have contact with jurors except the judge, court personnel and deputies. Any attorney contact is limited to the jury selection process when court is in session.
Potential jurors will only be referred to by a randomized number.
Security measures
Extra security is in place at the Hennepin County Government Center as jury selection for the Derek Chauvin trial begins Monday, March 8, 2021. (FOX 9)
Barricades and barbed wire are in place around the Hennepin County Government Center, where the trial will take place, and Minneapolis City Hall. Security measures will also be going up around other city infrastructure, such as the police precinct buildings.
"Operation Safety Net" is the name of the unified command for the Minneapolis and St. Paul police departments as well as the Hennepin County Sheriff’s Office, Metro Transit Police Department, Minnesota State Patrol, Minnesota National Guard and the Minnesota Department of Natural Resources. Gov. Tim Walz also activated the Minnesota National Guard to help with security.
Officials say their goal is to preserve the First Amendment right of people to peacefully protest while preventing large-scale violent disturbances during the trial.
Community outreach
The city plans to create contracts with a network of community groups to help with de-escalation and communication "during periods of heightened tension." The city council unanimously approved the plan, authorizing up to $1.2 million in funding. Minneapolis' Office of Violence Prevention will be requesting applications for the program and hopes to have finalized contracts by the end of March.
The city scrapped a plan to pay local social media influencers to post city-approved messages to dispel rumors.
Closed streets
So far, the City of Minneapolis has closed only one street in downtown Minneapolis. South 6th Street, including the sidewalk, is closed between 3rd and 4th avenues next to the Hennepin County Government Center.
Metro Transit is not planning any disruptions to bus or light rail service to downtown Minneapolis, although there may be detours around the Hennepin County Government Center.
The parking ramp at the Government Center will be closed during the trial. Skyway access to the center will also be restricted.
38th and Chicago during the Chauvin trial
The intersection of E 38th Street and Chicago Avenue, where Floyd died, will remain closed during the Chauvin trial. The area, also known as George Floyd Square has been closed to public traffic since his death, becoming a gathering site for community members and activists.
Plans are in the works to reopen 38th and Chicago to the public after the trial. The city sent a survey to residents and business owners in the area to choose between two traffic options for reopening the square.
Death of George Floyd
George Floyd, 46, died on May 25, 2020 while being detained by Minneapolis police officers Derek Chauvin, Tou Thao, J. Alexander Kueng and Thomas Lane at the intersection of 38th Street and Chicago Avenue. The intersection has remained closed to traffic since Floyd's death and has been dubbed George Floyd Square.
MINNEAPOLIS, MN - AUGUST 17: People participate in a demonstration on August 17, 2020 in Minneapolis, Minnesota. Community members came together for a rally to protest the city's potential forceful reopening 38th Street and Chicago Ave, an unofficial
A widely-shared video taken by a bystander showed Chauvin kneeling on Floyd’s neck for nearly nine minutes while he repeatedly cried, "I can’t breathe."
Minneapolis Police Chief Medaria Arradondo announced the firing of all four officers the following day. Chauvin was arrested and charged with Floyd’s death on May 29 and the three others were arrested and charged with aiding and abetting on June 3.
TIMELINE: George Floyd's death to Derek Chauvin's trial
The Hennepin County Medical Examiner's report ruled the death of George Floyd a homicide. The updated report stated that George Floyd experienced a cardiopulmonary arrest while being restrained by law enforcement.