Derek Chauvin trial: No new jurors seated Tuesday

MINNEAPOLIS (FOX 9) - No new jurors were seated Tuesday in the trial of Derek Chauvin, the former Minneapolis police officer who is 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 two alternates.

Seven jurors were questioned on Tuesday. Two were struck from the jury by the defense. Judge Peter Cahill dismissed the other five for cause. Court is in recess until 8:45 a.m. on Wednesday. 

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

1st 7 jurors to be recalled for questioning Wednesday

Before the lunch recess on Tuesday, Judge Cahill announced the first seven jurors seated in the trial are being called back on Wednesday morning to be questioned over their exposure to news about the $27 civil settlement with the Floyd family, which was announced by city officials on Friday. 

Judge said he will start questioning the jurors via Zoom at 8:45 a.m. They will be questioned about their knowledge of the settlement and whether it will impact their ability to be fair and impartial in this case. The judge is the only one who will do the questioning; the jurors will not be re-questioned by the defense or the state. 

On Monday, Chauvin’s attorney, Eric Nelson motioned the court to recall the seven jurors over concerns that the settlement announcement could "taint" the jury pool. Judge Cahill granted that motion, but denied the defense’s other motion for additional peremptory strikes for the defense. 

Judge Cahill also said Tuesday he is denying the defense’s motion to sequester the jury. The defense’s motions to delay the trial and move it out of Hennepin County are still under advisement, he said. 

Who are the selected jurors? 

Judge 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. 

GO DEEP: 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.

Judge Cahill reinstated the third-degree murder charge against Chauvin during the first week of the trial. 

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.