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

[Chelly]

@Chelly bbm. My earlier BaSD vs BaRD post was not directed specifically at you, just a gen reminder to all (including those who may not need a reminder).

Recently I've seen posts on crim cases talking about proof BaSD. Afaik (could be ignorant of it) no US jurisdiction requires proof BaSD, which would seem an impossible standard to meet. No doubt at all?
Maybe other countries do?

No worries @al66pine . I appreciated that you pointed out the correct legal phraseology. I got caught up in what might be called an idiom, perhaps? Anyway it was not courtroom correct.

 

[SouthAussie]

I had the same “do something people!!” reaction to the video, so I’m with you @dixiegirl1035...another old lady who can’t imagine (in my mind) standing there watching George Floyd being killed by Chauvin without organizing the onlookers to take action. That’s what the passengers on Flight 93 that crashed in PA on Sept 11, 2001 did...and they knew for sure they would die to save many. Bum rushing several cops to save one man’s life doesn’t seem like a huge sacrifice in that courageous context IMO.

I can see why the bystanders didn't rush the officers though.
How close were the officers hands to their own guns?
How would the people who rushed the officers be treated, considering how George was being treated? (Neck being knelt on.)
Lots of personal reservations about getting physically involved, I would think.

 

[Lilibet]

Have not yet searched for MN Law on this.

Silly me! I keep saying Michigan instead of Minnesota. Based on the link I posted about jury questions, it doesn’t look like Minnesota is on that particular list.

 

[Lilibet]

I can see why the bystanders didn't rush the officers though.
How close were the officers hands to their own guns?
How would the people who rushed the officers be treated, considering how George was being treated? (Neck being knelt on.)
Lots of personal reservations about getting physically involved, I would think.

Oh definitely there would have been reservations. As I said “in my mind” sitting here, I would hope I would have done something, even if it was only to call 911 and tell the dispatcher what was going on. I just can’t imagine standing there doing nothing at all. I could never forgive myself.

 

[SouthAussie]

Oh definitely there would have been reservations. As I said “in my mind” sitting here, I would hope I would have done something, even if it was only to call 911 and tell the dispatcher what was going on. I just can’t imagine standing there doing nothing at all. I could never forgive myself.

I am not sure if many here are aware that a 911 dispatcher was watching what was going on, and made a concerned call to their supervisor.


While a Minneapolis police officer kneeled on George Floyd's neck, a 911 dispatcher watching from surveillance footage called a supervisor to express concern over the force used, according to a recorded phone call that was made public Monday.

"They got something out of the back of the squad, and all of them sat on this man. So I don’t know if they needed you or not, but they haven’t said anything to me yet."

The sergeant, who also was not identified, promised to "find out" what was happening.
George Floyd: 911 dispatcher had concerns over cop kneeled on neck

 

[dixiegirl1035]

I am not sure if many here are aware that a 911 dispatcher was watching what was going on, and made a concerned call to their supervisor.


While a Minneapolis police officer kneeled on George Floyd's neck, a 911 dispatcher watching from surveillance footage called a supervisor to express concern over the force used, according to a recorded phone call that was made public Monday.

"They got something out of the back of the squad, and all of them sat on this man. So I don’t know if they needed you or not, but they haven’t said anything to me yet."

The sergeant, who also was not identified, promised to "find out" what was happening.
George Floyd: 911 dispatcher had concerns over cop kneeled on neck

Thanks for posting this. I had either forgotten that, or never read such before. I would think all these bystanders, including the off duty paramedic and the dispatcher etc... will be called by the state.

"After the dispatcher questioned whether the officers used force, the sergeant replied, “Yeah, they haven’t said anything, unless it’s just a takedown, which doesn’t count,” the sergeant said. “But ... I'll find out.”

“No problem,” the dispatcher said. “We don’t get to ever see it. So when we see it, we’re just like, whoa. Ah, well? It looks a little different.”

 

[Lilibet]

I am not sure if many here are aware that a 911 dispatcher was watching what was going on, and made a concerned call to their supervisor.


While a Minneapolis police officer kneeled on George Floyd's neck, a 911 dispatcher watching from surveillance footage called a supervisor to express concern over the force used, according to a recorded phone call that was made public Monday.

"They got something out of the back of the squad, and all of them sat on this man. So I don’t know if they needed you or not, but they haven’t said anything to me yet."

The sergeant, who also was not identified, promised to "find out" what was happening.
George Floyd: 911 dispatcher had concerns over cop kneeled on neck

They just released the dispatcher’s call, so that’s good to know. I wonder what the sergeant who said he would “find out” what was happening did. According to the article, no supervisor arrived at the scene until 45 minutes after the dispatcher’s call! I was pleased to see that two bystanders called 911 to report that police had killed Floyd. In any case, it doesn’t sound as if calling 911 during the 8 minutes would have helped. So the only thing that would have saved Floyd’s life is onlooker intervention, if that was possible. JMO

 

[Weki]

Wow lots of interesting new info - thanks to all who shared - I had no idea a dispatcher made a concerned call to a sergeant! I haven’t read the linked article but I’m really curious as to whether that would come in.

As for sequestration, I also expect that defense will be jumping up and down about any new media developments and if one juror says they read the settlement headline accidentally - Nelson will ask for sequestration for the whole trial. I think it’s going to be an ever evolving issue. Im glad judges don’t take sequestration lightly. Jurors need to be able to go home and decompress not hole up in some dingy hotel all alone. And on weekends too! That’s depressing!

{A 2 1/2 year trial!?!?!?! What the.....? That’s insane! And Manson jury sequestered for that long? I can’t even imagine!}

I’m looking forward to the trial. Nelson is likable. I think he’s going to make a positive impression on the jury. And I think him alone at the table with Chauvin gives a “one man against the politically motivated rabid prosecutors” vibe, which is effective.

The state should really trim the fat. I don’t even know why Keith Ellison is in the court room. It sounds like the lead on the prosecution side will be assistant AG Matthew Frank. He did some of the arguments during jury selection, and he comes off pretty low energy. Blackwell and Schleicher are assisting pro bono. I like Schleicher - he’s a sly fox! I think someone said he has a car salesman vibe. Ha! I think he could be really good on cross.

 

[Chelly]

Wow lots of interesting new info - thanks to all who shared - I had no idea a dispatcher made a concerned call to a sergeant! I haven’t read the linked article but I’m really curious as to whether that would come in.

As for sequestration, I also expect that defense will be jumping up and down about any new media developments and if one juror says they read the settlement headline accidentally - Nelson will ask for sequestration for the whole trial. I think it’s going to be an ever evolving issue. Im glad judges don’t take sequestration lightly. Jurors need to be able to go home and decompress not hole up in some dingy hotel all alone. And on weekends too! That’s depressing!

{A 2 1/2 year trial!?!?!?! What the.....? That’s insane! And Manson jury sequestered for that long? I can’t even imagine!}

I’m looking forward to the trial. Nelson is likable. I think he’s going to make a positive impression on the jury. And I think him alone at the table with Chauvin gives a “one man against the politically motivated rabid prosecutors” vibe, which is effective.

The state should really trim the fat. I don’t even know why Keith Ellison is in the court room. It sounds like the lead on the prosecution side will be assistant AG Matthew Frank. He did some of the arguments during jury selection, and he comes off pretty low energy. Blackwell and Schleicher are assisting pro bono. I like Schleicher - he’s a sly fox! I think someone said he has a car salesman vibe. Ha! I think he could be really good on cross.

What can be better than watching a great prosecutor at work! (especially when he resembles Indiana Jones)

 

[geevee]

Thanks for all the input on whether jury questions are allowed in MN - I'm sorry to hear they aren't, I think it really helps the jury to be able to get a question answered directly by the witness (if judge allows the question) - and yes, it also satisfies a lot of the questions we trial watchers have during testimony.

 

[Niner]

Monday, March 22nd:
*Trial continues with Jury Selection (Day 10) (Motions hearing @ 8am & jury selection @ 9am CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) - *Derek Michael Chauvin (44/now 45) police officer who held his knee on Floyd’s neck for 8 minutes & 46 seconds (Note: on 10/14/20 this has been changed to 9 minutes & 30 seconds) (& non responsive for 2 minutes & 53 seconds before officer took his knee off his neck; from 8:19pm to 8:28pm his knee was on Floyd’s neck; has been fired (5/26/20) & arrested & charged (5/29/20) with 3rd degree murder & 2nd degree manslaughter. Charges changed (6/3/20) to 2nd degree murder-unintentional-while committing a felony, 3rd degree murder-perpetrating eminently dangerous act (3rd degree charge was dismissed on 10/22/20 & reinstated on 3/11/21) & evincing depraved mind & 2nd degree manslaughter-culpable negligence creating unreasonable risk. $500K bond, reset (6/8/20) @ $1.25M & $1M with conditions. Posted non-cash $1M bond (10/7/20) & has been released from jail.
Trial began on 3/8/21 with jury selection. Jury selection could run through March 26, 2021. Opening statements & the commencement of the State’s case will begin no earlier than March 29, 2021. Experts anticipate the trial could last 2-4 weeks. Jurors: 12 & 2 alternates. Jurors will be sequestered during deliberations. None of the other officers will be testifying at Chauvin’s trial.
Jurors seated as of 3/17/21: 1) Juror #2: White man in his 20s; chemist. 2) Juror #9: Multi-racial woman in her 20s. 3) Juror #19: White man in his 30s; auditor. 4) Juror #27: Black man in his 30s; IT Security Manager. 5) Juror #44: White woman in her 50s; Non-profit health advocate. 6) Juror #52: Black man in his 30s; banker/youth sports coach. 7) Juror #55: White woman in her 50s; Exec. Assistant in healthcare. 8) Juror #79: Black man in his 40s. 9) Juror #85: Multi-racial woman in her 40s; organizational management consultant. 10) Juror #89: White woman in her 50s; cardiac care nurse. 11) Juror #91: Black woman in her 60s; grandmother & volunteers at youth organizations. 12) Juror #92: White woman in her 40s; commercial insurance. 13) Juror #96: White woman in her 50s; customer service, business burned down during riots. Total: 5-men/8-women. (4 black, 7 white & 2 multi-racial).
Bond conditions & court info & jury selection (3/9 thru 3/17) from 12/19/20 thru 3/17/21 reference post #671 here:
MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 *officers charged* #3
3/18/21 Thursday, Day 8 of Jury Selection: Motions: Arguments over what State expert Dr. Sarah Vinson, forensic psychiatrist, can testify about. State wants her to testify that Floyd had anxiety/panic attack, not resisting arrest. Defense motion to exclude this testimony. Judge Cahill said if he allows Dr. Vinson to testify about this it's likely he'll allow in the 2019 arrest video. Judge to rule tomorrow. Jury Selection: Juror #86 – Dismissed by Judge for cause, woman. Juror #87 – Dismissed by State, woman. Juror #88 – Dismissed by Judge for cause, woman. Juror #89 – Selected, female. Juror #90 – Dismissed by Judge for cause, male. Juror #91 - Selected, female. Juror #92 – Selected, female. Starting with: Strikes: State 5/10 & Defense 12/18. Now Strikes: State: 6/10 & Defense: 12/18. Tomorrow, 3/19/21 Chauvin turns 45 years old. 8:15am start tomorrow to discuss motions (to continue trial, or to change venue) & 9:00am for potential jurors continued on 3/19/21.
3/19/21 Friday, Day 9 of Jury Selection: Motions today: Judge Peter Cahill said he’ll rule on the forensic psychiatrist’s testimony on Friday, when he plans to issue a broader ruling on the admissibility of Floyd’s 2019 arrest & on defense motions for delaying or moving the trial. First up is the May 6, 2019 arrest video of Floyd. Judge Cahill says the cause of death is the clear issue here. Defense saying it was due in part to drug toxicity & not positional asphyxia from Chauvin's knee. Judge says behavior between the 2019 & 2020 arrests is "remarkably similar" but the 2019 behavior is not admissible. Judge says the 2019 arrest video would be admissible from the time one officer approaches Floyd's on the passenger side of the vehicle. 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. Judge Cahill also ruled that the State's expert Dr. Sarah Vinson cannot testify that Floyd was experiencing anxiety or claustrophobia but if defense opens the door, it could be allowed. Judge denies defense motion to delay the trial (continuance) & denies motion for change of venue. Jury Selection: Jurors #93 thru #95 were dismissed on 3/8. Juror #96: Selected, female. Judges call attorneys into chambers re new development. Jurors #97 thru #98 – Dismissed on 3/8. Juror #99 – Dismissed, woman. Jurors #100 thru #102 – Dismissed on 3/8. Juror #103 – Dismissed, female. Jurors #104 thru 108 – Dismissed on 3/8. Juror #109 – Dismissed by State strike; biased towards LE, male. Juror #110 – Dismissed by Judge, female. Juror #111 – Dismissed by Defense strike, male. Juror #112 – Dismissed on 3/8. Juror #113 – Dismissed by Judge, male. Strikes: State has 7/10 & Defense has 13/18. Jury selection continues on Monday, 3/22/21.
*Charged (7/22/20) with 6 counts of aiding & abetting taxes-false or fraudulent returns-filed with commissioner & 3 counts aiding & abetting taxes-failure to file return, report, document. – Omnibus hearing on 6/30/21.

 

[dixiegirl1035]

?? Court was supposed to have started 15 minutes ago, but no live feed even started by the Star Tribune which has done every day? I thought follow ups by judge was to begin 15 minutes ago.

Any other live that others here see?

This is the channel from last Friday... and I drilled down and no feed today yet on their channel. Do I have the time incorrect?

 

[dixiegirl1035]

ETA WaPo has seal, and is stating that it is to start 10 am Eastern, but @Niner said above "Monday, March 22nd:
*Trial continues with Jury Selection (Day 10) (Motions hearing @ 8am & jury selection @ 9am CT) - MN –"

WaPo site has seal up at

 

[branmuffin]

I’m pretty sure I heard the judge or one of the attorneys tell a PJ that the jury won’t be able to ask questions during trial. That they would have to go with whatever evidence is presented to them. So there won’t be the Arias type jury questioning in this trial. But the jury can always request to have video played back or testimony read back to them during their deliberations. Sometimes the jury asks for definitions of certain legal terms and they’re told to rely on their collective understanding of those terms. Judges don’t answer specific questions like that during deliberations. Once the evidence is in that’s it - the judge doesn’t answer follow up questions about the evidence during deliberations. Juries are told to rely on their memories and only on what was presented.

Not being an American I don't know the machinations of a grand jury but during the grand jury to decide whether to charge Chauvin criminally for the death of George Floyd aren't the jury allowed to ask questions? And would those questions be provided to both the prosecution and defense teams to get an understanding of what lay persons would want to know during the actual trial? Thanks.

 

[dixiegirl1035]

We are now LIVE... judge is speaking to the many briefs filed Friday re change of venue etc (DENIED just now)...... I cannot keep updates to thread in real time due to RL... heads up to others.. I can only pop in to comment... Juror #115 woman is up first. She is a nursing assistant.

Motions in limine will be later this week... Off to next jury group now.......

 

[Chelly]

Court started a few minutes ago. Judge ruled on what will be allowed in evidence. Judge now about to rule on change of venue.

 

[Weki]

Not being an American I don't know the machinations of a grand jury but during the grand jury to decide whether to charge Chauvin criminally for the death of George Floyd aren't the jury allowed to ask questions? And would those questions be provided to both the prosecution and defense teams to get an understanding of what lay persons would want to know during the actual trial? Thanks.

Yes I think grand jury members get to ask questions and the transcript would be available to both parties. But I think during the trial as the facts are laid out, jurors in some states get to ask specific questions pertaining to each testimony. It’s a different ball game.

 

[JerseyGirl]

Juror #115 is being questioned now. She is a nursing assistant. When conflict arises in her life, she likes to think of herself as a mediator. She says she feels like she can look at this case with clean slate because she believes there is more to it than she's seen on Facebook.

https://twitter.com/louraguse/status/1374006403891875849?s=21

 

[Weki]

I knew defense would strike PJ115.

 

[Shaddow]

Juror #115 is excused.