MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 *officers charged* #3

[Niner]

kind of slow on the tweets...

Cathy Russon
@cathyrusson
·
25m
#DerekChauvinTrial - Now up is potential juror #96. She has heard about the settlement saying it was on "one of those ticker things going across the TV"

She says it won't impact her ability to serve.

21m
PJ96 initial reaction to jury summons, "Go big or go home."

4m
Judge is going to a "true in-camera examination" meaning all media/public are asked to leave the courtroom and audio is cut while certain topics are being discussed with PJ96

link: https://twitter.com/cathyrusson

 

[ilovewings]

Change of venue - based on prejudicial publicity - has been requested twice AFAIK by the defense.

Nov 5, 2020:
Cahill ruled that the motions for a change of venue has been preliminarily denied.
The defense teams have been worried about prejudice from the jury pool available in Hennepin County. Cahill says that because pretrial publicity is already on the internet and people from across the state have already been exposed to it, there’s no other venue in the state that would be a better alternative.
George Floyd Case: Judge Rules Joint Trial For All 4 Ex-MPD Officers, Change Of Venue Motions Denied For Now

Mar 15, 2021:
The attorney for Derek Chauvin, the former Minneapolis police officer charged in George Floyd’s death, on Monday asked the judge overseeing the case to delay the trial and reconsider a change-of-venue motion ... Eric Nelson, questioned the “suspicious timing” of the settlement and argued that it was “highly prejudicial” against his client.
https://www.washingtonpost.com/nation/2021/03/15/derek-chauvin-george-floyd-trial/

I agree with the judges reasoning on not changing the venue and I believe it would hold up on appeal

 

[JerseyGirl]

Juror #96 currently being questioned. They work for a business damaged in last year's rioting, not far from MPD's 3rd Precinct. Says won't impact their ability to serve fairly on #DerekChauvinTrial jury. Court has gone into closed session w/ this juror to discuss personal issues.

https://twitter.com/paulblume_fox9/status/1372920621647077376?s=21

 

[Weki]

I am a little concerned that there will be a whole week where the jurors will be waiting until trial begins! I am envisioning some jurors coming in on March 29th saying they heard about the settlement and it has affected their impartiality. Yikes! I was like Cahill also in that I was surprised that 2 jurors said that news affected their impartiality when nothing else had up to that point. I wonder if those jurors just wanted to get off? They went home after being elected and thought to themselves ‘do I really want this headache?’

Just speculating obviously.....

 

[lonetraveler]

Change of Venue?
@lonetraveler sbm bbm
Another County?
Yes, MN Court Rules* provide for this, w special procedures for situations when prejudicial publicity
"creates a reasonable likelihood that a fair trial cannot be had."
ETA: deleted a paragraph of my post, need to catch up.

Another State?
This is a trial for MN crime(s), & afaik the perp's alleged crim actions all occurred within Henn. County, & death occurred in Henn. County, so how could judge order this trial be moved to another state? Nope, cannot, nope.

my2ct. Welcoming comment, clarification, correction, esp'ly from our legal professionals.

_____________________________________
* Minnesota Court Rules
24.01 Venue. Provides for case to be tried where offense was committed.
24.03 Lists grounds for changes of venue.
https://www.revisor.mn.gov/court_rules/cr/id/24/
25.02 Change of Venue for prejudicial publicity. Allows court to transfer case to another county on its own initiative or on motion of either party.
https://www.revisor.mn.gov/court_rules/cr/id/25/#25.02

Yeah, I know it can be moved to another county and I was just venting about another state, LOL. One of the trials I served as juror was moved to my city from another county.
I feel that the announcement of the huge settlement impacted the court's ability to seat a fair and impartial jury and could become a reason for an appeal later on if he is found guilty. JMO

 

[lonetraveler]

I am a little concerned that there will be a whole week where the jurors will be waiting until trial begins! I am envisioning some jurors coming in on March 29th saying they heard about the settlement and it has affected their impartiality. Yikes! I was like Cahill also in that I was surprised that 2 jurors said that news affected their impartiality when nothing else had up to that point. I wonder if those jurors just wanted to get off? They went home after being elected and thought to themselves ‘do I really want this headache?’

Just speculating obviously.....

LOL, the man who was willing to move his wedding may have had a long, serious talk with his fiance and decided to get out of jury duty.

 

[Niner]

Cathy Russon
@cathyrusson
·
4m
#DerekChauvinTrial - PJ96 - Nelson talked about her advocacy for the homeless and asked if she harbored any resentment for how MPD has handled the homeless encampments situation and she said, "I do not."

2m
- PJ96 "agreed" on questionnaire that police in the country treat blacks and whites equally.

1m
Defense passed for cause so it's up to the state if they want to use a strike on PJ96. Schleicher questioning her now.

link: https://twitter.com/cathyrusson

 

[Niner]

Cathy Russon
@cathyrusson
·
7m
#DerekChauvinTrial - PJ96 - State: you indicated while restrained #GeorgeFloyd became distressed stating he couldn't breathe, do you recall? Yes, what I got from video. Pros: Do you believe if someone actually couldn't breathe would they be able to say it?
Def objected/sidebar

5m
PJ96 IS ON THE JURY. That makes 13/14.

1m
NOW: Judge Cahill reading something on this paper and turns to the attorneys saying, "there's also a development here that we need to talk about," and calls them all into chambers.


link: https://twitter.com/cathyrusson

 

[lonetraveler]

Cathy Russon
@cathyrusson
·
7m
#DerekChauvinTrial - PJ96 - State: you indicated while restrained #GeorgeFloyd became distressed stating he couldn't breathe, do you recall? Yes, what I got from video. Pros: Do you believe if someone actually couldn't breathe would they be able to say it?
Def objected/sidebar

5m
PJ96 IS ON THE JURY. That makes 13/14.

1m
NOW: Judge Cahill reading something on this paper and turns to the attorneys saying, "there's also a development here that we need to talk about," and calls them all into chambers.


link: https://twitter.com/cathyrusson

Well, that makes me curious.

 

[Weki]

LOL, the man who was willing to move his wedding may have had a long, serious talk with his fiance and decided to get out of jury duty.

Ohhhh I didn’t know he was 1 of the 2!!! For sure him then! Lol.

Also, I thought Cahill said it best when he said there’s a 3rd group of jurors who just are not self-aware and lack introspection such that you can’t take their word at face value. So if they say ‘I can be impartial’ you can’t trust that. Either because they say so little or they contradict themselves. Also, I sensed a lot of jurors just wanted to say what was socially acceptable and seemed apathetic generally. In my experience being on a jury, those jurors are the ones that cause a deadlock. They lack conviction and are unable to do the critical thinking required to assess the evidence properly and reach a conclusion. They are extremely frustrating in deliberations.

 

[JerseyGirl]

State vs. Chauvin: One juror remains to be seated

Juror No. 96 says she isn't familiar with Black Lives Matter as an organization, but she believes they are about protecting Black lives and bringing issues to the forefront. She also believes 'we need law enforcement.'

The juror indicated she was interested in working on advocacy for the homeless population in the city, but said she does not harbor resentment against the Minneapolis Police Department for its involvement in issues involving the homelessness when asked by the defense.

The juror wrote in her questionnaire that she's nervous about how the public will respond to the verdict and whether there will be violence again.

She also responded in her questionnaire that she strongly disagreed with the statement that police would be more likely to use force against people of color than others. She said police response depends on the actions of the person, and agreed with the statement that people who cooperate with the police should have nothing to worry about.

Juror No. 96 was selected as the 13th juror. One more is needed.

 

[Niner]

Cathy Russon
@cathyrusson
·
6m
#DerekChauvinTrial - Alternates
Lou Raguse
@LouRaguse
Replying to
@LouRaguse
This is from MN Rules of Criminal Procedure 26.02

Attorneys I checked with before tweeting believe it goes in order, and the final two chosen will be the alternates (although the jurors aren't told that.)




3m
Back on the record. We do not know the "development" mentioned earlier. Judge only updated on what potential jurors are available today. 2 now and 1 in the afternoon. Court is attempting to call in more for this afternoon.


link: https://twitter.com/cathyrusson

 

[Weki]

I’m sorry if this has been discussed already in this thread - I haven’t gone through the whole thread - but do we know who Amy Voss is on the defense side? I googled her and there’s no info about her other than she’s Nelson’s assistant. I thought for sure she was a jury consultant.

 

[turaj]

I am a little concerned that there will be a whole week where the jurors will be waiting until trial begins! I am envisioning some jurors coming in on March 29th saying they heard about the settlement and it has affected their impartiality. Yikes! I was like Cahill also in that I was surprised that 2 jurors said that news affected their impartiality when nothing else had up to that point. I wonder if those jurors just wanted to get off? They went home after being elected and thought to themselves ‘do I really want this headache?’

Just speculating obviously.....

Boy could not agree more..a whole week before they are empaneled and sworn in is like a lifetime here in Minneapolis....they should have more than 2 alternates

 

[turaj]

I’m sorry if this has been discussed already in this thread - I haven’t gone through the whole thread - but do we know who Amy Voss is on the defense side? I googled her and there’s no info about her other than she’s Nelson’s assistant. I thought for sure she was a jury consultant.

i think she in a jury consultant who is in effect an assistant.

 

[Niner]

Cathy Russon
@cathyrusson
·
41m
#DerekChauvinTrial - Derek Chauvin stands to be introduced to the new group of potential jurors.



29m
PJ99 Female - dismissed after she said the settlement news pushed her too far to state side.

22m
- PJ 103, female, says she had a very strong emotional reaction to seeing the video. She says she really doesn't' want to be a part of this, "It's just too much". Judge dismisses her.

21m
Lunch break until 1:15 ct/2:15 et. After lunch they have jurors 109 and 110 and working on getting 111 to come in.


link: https://twitter.com/cathyrusson

 

[Chelly]

Cathy Russon
@cathyrusson
·
41m
#DerekChauvinTrial - Judge is on the bench. First up is the May 6, 2019 arrest video of #GeorgeFloyd @LawCrimeNetwork

39m
Cahill says the cause of death is the clear issue here. Defense saying it's due in part to drug toxicity and not positional asphyxia from Chauvin's knee.

35m
Judge says behavior between the 2019 and 2020 arrests is "remarkably similar" but the 2019 behavior is not admissible.

34m
Judge says the 2019 arrest video would be admissible from the time one officer approaches #GeorgeFloyd's on the passenger side of the vehicle. Sounds like he's going to allow PART of this video in.

32m
JUDGE: I will allow a portion of the video from the one officer when he approaches the car until the time he's handcuffed. That's all that's admissible. Photo of pills in the backseat is admissible. Floyd's statements surrounding blood pressure allowed.

23m
BREAKING: Judge denies defense motion to delay the trial and denies motion for change of venue.

14m
Judge Cahill also ruled that state expert Dr. Sarah Vinson cannot testify that #GeorgeFloyd was experiencing anxiety or claustrophobia but if defense opens the door, it could be allowed.

7m
Jury selection is about to start. Only need 2 alternates to complete the jury. Regardless of when those two are seated, opening statements won't happen until a week from Monday, March 9. edited to add - I believe she meant March 29.

5m
Note: Since we cover trials across the nation, how alternates are chosen varies. In this case, the next 2 jurors chosen WILL BE be the alternates but they will not know they are alternates until the end of trial.


link: https://twitter.com/cathyrusson

Bolded areas noted from above quoted post:

BREAKING: Judge denies defense motion to delay the trial and denies motion for change of venue.
Agree with judge. I doubt Chauvin could get a fairer trial out of county. We've been listening to all PJ voir dire. The selected jurors sound honest stating they can be fair and impartial.

Note: Since we cover trials across the nation, how alternates are chosen varies. In this case, the next 2 jurors chosen WILL BE be the alternates but they will not know they are alternates until the end of trial.
This surprises me and is a first for me. In every First degree murder trial I know, alternates were selected at random near end of trial, after closing statements.. Someone educate me.

 

[Weki]

The notion that they will only have 2 alternates is insane to me! I feel like they need at least 4 to be on the safe side. Not just for illness and other unforeseen circumstances but for publicity exposure and how that may affect certain jurors going forward. That has to be a continuing concern in this trial....

I know they’re being instructed to avoid all news but still.

 

[al66pine]

Possible Legal Change of Venue?

Yeah, I know it can be moved to another county and I was just venting about another state,....

@lonetraveler bbm sbm Thanks for clarifying, because I read your earlier post literally, as saying you thought it could actually be moved to another state.

From what @SouthAussie said (about 10 posts back), moving trial to another country would not remove the prejudicial publicity issue from jury selection.

How about moving to another planet? Or galaxy far, far away? j/k, j/k.

 

[Chelly]

The notion that they will only have 2 alternates is insane to me! I feel like they need at least 4 to be on the safe side. Not just for illness and other unforeseen circumstances but for publicity exposure and how that may affect certain jurors going forward. That has to be a continuing concern in this trial....

I know they’re being instructed to avoid all news but still.

Agree that two alternates are not enough. I like this judge so I must change my thinking, because after all, he knows best.

I've been watching both attorneys at work on voir dire since the beginning. I think they will do great work for their respective sides.

This last item really bugs me: Twitter reporters have posted that the last two jurors selected will be the alternates, but won't know they are the alternates until end of the trial. Ha! I don't believe they won't find out.