Why picking a jury for the Derek Chauvin trial is so hard
08 March 2021
The tough task of selecting a jury for former MPD officer Derek Chauvin's trial for the killing of George Floyd is set to begin Monday.
The state of play: "This case may be the most highly publicized criminal trial in a long time. ... That means that it's harder to find people who really have an open mind," Richard Frase, University of Minnesota Law School professor of criminal law, told Axios.
- COVID-19 precautions, security measures and deeply-held feelings about race and policing "heighten" an already difficult process, added Roy Futterman, a clinical psychologist who specializes in jury selection.
- Plus, there's the pressure that the outcome could spark more civil unrest in the Twin Cities and elsewhere. "That's a lot to place on their shoulders," Futterman added.
Another catch: Being unfamiliar with the facts of a case is usually seen as a plus. In this situation, it could be seen as disqualifying.
- Those who claim to be in the dark "don't demonstrate the level of citizenship required for a case this serious," defense attorney A.L. Brown told The Star Tribune.
How it works: Attorneys will question prospective jurors to try to determine whether they can be fair-minded. Candidates already filled out a lengthy questionnaire probing everything from their media habits to views on police and Black Lives Matter.
- Jurors can be dismissed "for cause," based on something they said or did that suggests an inability to render fair judgment. Each side has a limited number of "peremptory challenges," which can be used for pretty much any reason except race.
Between the lines: Juror questions can also preview both sides' eventual arguments.
- Lawyers will often "ask questions just as much to raise an issue and prepare anyone who ends up on the jury for the issue that they want to have front of mind," Frase said.
What's next: Judge Peter Cahill has set aside three weeks — an unusually long window — to find 12 jurors and 4 alternates before opening statements begin March 29.
- Of note: While the trial will be broadcast, jurors will remain off camera to protect their identities.
This story first appeared in theAxios Twin Citiesnewsletter, designed to help readers get smarter, faster on the most consequential news unfolding in their own backyard.
Transcripts show George Floyd told police "I can't breathe" over 20 times
Section2Newly released transcripts of bodycam footage from the Minneapolis Police Department show that George Floyd told officers he could not breathe more than 20 times in the moments leading up to his death.
Why it matters: Floyd's killing sparked a national wave of Black Lives Matter protests and an ongoing reckoning over systemic racism in the United States. The transcripts "offer one the most thorough and dramatic accounts" before Floyd's death, The New York Times writes.
The state of play: The transcripts were released as former officer Thomas Lane seeks to have the charges that he aided in Floyd's death thrown out in court, per the Times. He is one of four officers who have been charged.
- The filings also include a 60-page transcript of an interview with Lane. He said he "felt maybe that something was going on" when asked if he believed that Floyd was having a medical emergency at the time.
What the transcripts say:
- Floyd told the officers he was claustrophobic as they tried to get him into the squad car.
- The transcripts also show Floyd saying, "Momma, I love you. Tell my kids I love them. I'm dead."
- Former officer Derek Chauvin, who had his knee on Floyd's neck for over eight minutes, told Floyd, "Then stop talking, stop yelling, it takes a heck of a lot of oxygen to talk."
Read the transcripts via DocumentCloud.