Derek Chauvin trial: 7 jurors seated in 1st week of jury selection

MINNEAPOLIS (FOX 9) - Seven jury seats remain to be filled in the trial of Derek Chauvin, the former Minneapolis police officer who is charged in the death in George Floyd.

The trial is being streamed live, gavel to gavel, at fox9.com/live. 

Seven jurors have been 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.

READ MORE: Who are the selected jurors? 

Judge Peter Cahill told the 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. 

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

 

Derek Chauvin charges

Chauvin is charged with third-degree murder, second-degree murder and second-degree manslaughter in Floyd’s death last May.

3rd-degree murder charge reinstated

Following arguments on Thursday, Judge Peter Cahill reinstated the third-degree murder charge in Chauvin's case.

Chauvin was initially charged with third-degree murder, but Cahill dismissed the charge last October, saying it did not apply to this case. 

The push to reinstate the charge came after the Court of Appeals ruled in February a third-degree murder charge was appropriate in the case of former Minneapolis police officer Mohamed Noor, who was convicted in a deadly 2017 shooting.

When Cahill denied the Chauvin prosecutors' attempt to reinstate the charge, they took the issue to the Court of Appeals, which stated Cahill made the mistake of not following the Noor ruling as precedence and ordered him to reconsider his decision.

The Minnesota Supreme Court denied the petition filed by Chauvin’s defense team, which meant the decision to add the charge was to be determined by Cahill. 

After hearing brief arguments, Cahill reinstated the third-degree murder charge. He reiterated Noor and Chauvin are factually different cases, but the charge must be reinstated because the Court of Appeals has defined that third-degree murder can be targeted at a single person.

Thao, Lane won't testify at Chauvin trial 

The attorneys for two of the former Minneapolis police officers charged in the death of George Floyd, Tou Thao and Thomas Lane, are not permitting them to testify in Chauvin's trial. 

Thao and Lane both gave tape-recorded voluntary statements to the Minnesota Bureau of Criminal Apprehension, counseled by their attorneys, and signed a criminal investigation warning understanding that their statements could be used against them. 

In court Wednesday morning, Chauvin’s attorney, Eric Nelson, said he confirmed with each of the former officers' attorneys on Tuesday night that they are "not permitting their clients to testify in the trial." 

Nelson was discussing his motion to exclude both statements in the trial, arguing that he would not be able to cross examine either former officer. Prosecutors argued experts rely on those statements. 

Cahill did not make a full ruling on the motion, but he did say he will allow experts who testify at the trial to say they reviewed those statements. 

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 is being held 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. most days 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. 

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. 

Who is 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.

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.

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.