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

DNA Solves
DNA Solves
DNA Solves

New Posts

Status
Not open for further replies.
I really liked this judge until his outburst this afternoon. Clearly, he's really upset about the settlement announcement and he has every right to be. It was obvious when he brought the 7 selected jurors back to question them and 2 said they were biased by the news.

I feel like defense is making a meal out of it though. I think they have been able to work through this settlement announcement quite effectively and weed out any jurors that have been biased by that news. So far it seems to me the jurors that have been selected are going to be fair and impartial. Both sides and the judge have done a tremendous job to ensure that's the case!

I feel like the judge going after the state by pointing out the number of attorneys they have on their side and openly sympathizing with the defense was just bad form! Come on! I'm glad Schleicher pointed out that the defense is getting financial support and backing from the police union. Also, they may have attorneys in the office or at home working on their behalf. It may be a strategic decision to not have everyone present in the courtroom. Judge Cahill should be aware of that possibility.
 
Weki said:
I really liked this judge until his outburst this afternoon. Clearly, he's really upset about the settlement announcement and he has every right to be. It was obvious when he brought the 7 selected jurors back to question them and 2 said they were biased by the news.

I feel like defense is making a meal out of it though. I think they have been able to work through this settlement announcement quite effectively and weed out any jurors that have been biased by that news. So far it seems to me the jurors that have been selected are going to be fair and impartial. Both sides and the judge have done a tremendous job to ensure that's the case!

I feel like the judge going after the state by pointing out the number of attorneys they have on their side and openly sympathizing with the defense was just bad form! Come on! I'm glad Schleicher pointed out that the defense is getting financial support and backing from the police union. Also, they may have attorneys in the office or at home working on their behalf. It may be a strategic decision to not have everyone present in the courtroom. Judge Cahill should be aware of that possibility.
Click to expand...
You raise an excellent point @Weki. I heard and saw the judge's frustration and believe his scolding of Steve Schleicher should have taken place in chambers. I hope you will continue to post here.
 
oceanblueeyes said:
Chelly, does this mean the city is still discussing the settlement publically even today? TIA!

If so, this is insane. Why in the world would they continue to do this knowing it's already thrown a real monkey wrench into the criminal trial when trying to find untainted... unbiased jurors?

Maybe I'm misreading it. I hope I am.

ETA: never mind. I see it is true. What a mess.

Jmho
Click to expand...

I''m listening on the rewind just now. If you go to this link below, at 8:48:30 they discuss such. The city has normal weekly press briefings that folks ask questions. At this weekly mayor's press briefing, it was asked about the settlement and those questions were answered. The mayor said that he would not speak to any questions about the ongoing criminal proceedings.

The judge was given a transcript by state and they referred to the url of the meeting. (someone here may have such link). It was stated in court "the Minneapolis city attorney has specifically said that the timing of the George Floyd lawsuit reflected a need to act fast" which can be seen in Timing of Minneapolis' George Floyd lawsuit settlement reflected need to act fast, city attorney says

""In general, there is no good timing to settle any case, particularly one as complex, as involved and sensitive as this," City Attorney Jim Rowader said during a news conference Thursday morning. "There's no guarantee, for instance, that that deal would be available two, four, six, eight weeks from now."

City officials largely refused to answer additional questions about the record-setting legal settlement, citing instructions from Hennepin County District Judge Peter Cahill, who is overseeing the first murder trial in Floyd's death."

(at 8:54:45 in link below... which is when the judge gets heated)


8:15 am start tomorrow to discuss motions (to continue trial, or to change venue). And 9:00 am jurors.
 
Change of Venue?
lonetraveler said:
... ludicrous that someone would publicly announce a $27 million dollar settlement in the middle of this juror selection. Personally I think that should have been reason to dismiss all jurors and move the trial to another county or even another state.
Click to expand...
@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
 
Last edited:
al66pine said:
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."
Has either prosecutor or def team moved for change of venue, based on prejudicial publicity, before jury selection started? Since settlement was announced? Anyone? TiA.
Click to expand...

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/
 
Change of Venue?
SouthAussie said:
Change of venue - based on prejudicial publicity - has been requested twice AFAIK by the defense.
Nov 5, 2020:...
George Floyd Case: Judge Rules Joint Trial For All 4 Ex-MPD Officers, Change Of Venue Motions Denied For Now
Mar 15, 2021: ... asked the judge overseeing the case to delay the trial and reconsider a change-of-venue motion ...https://www.washingtonpost.com/nation/2021/03/15/derek-chauvin-george-floyd-trial/
Click to expand...
@SouthAussie bbm sbm Wow, you are fast.:) Thank you very much. I have not kept up w the case but was curious about timing of any motions, so here, more re MN Court Rules.

Rule 25.02 Continuance or Change of Venue ... [because of prejudicial publicity]
"Subd. 4.Time of Disposition.
If a motion for continuance or change of venue is made before the jury is sworn, the motion must be determined before the jury is sworn. A motion for reconsideration of a prior denial may be granted even after a jury has been sworn."
"Subd. 5. Limitations; Waiver.
The court may grant more than one change of venue. The waiver of a jury or the failure to exercise all available peremptory challenges does not constitute a waiver of the right to a continuance or change of venue if a motion has been timely made." bbm

So on Mar 15, def atty already asked judge to reconsider his C/V motion. Thoughts, anyone? TiA.
______________________________________
* https://www.revisor.mn.gov/court_rules/cr/id/25/#25.02
 
Back in MN because of covid . Normally I live mainly out of the US. I meet tourists from all over the world.

They would ask where I was from. I would describe MN as between LA and NY and below Canada.

The minute I said Minnesota now, they would say, “ Ah. George Floyd.”

I am not sure where one could go to find a bunch of jurors who have heard nothing .

This is the knee that was seen around the world
 
Friday, March 19th:
*Trial continues with Jury Selection (Day 9) (Motions hearing @ 8:15am & 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 8:27pm 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 3/16/21: 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 40s or 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; insurance industry. Total: 5-men/7-women.
Bond conditions & court info & jury selection (3/9 thru 3/16) from 12/19/20 thru 3/16/21 reference post #607 here:
MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 *officers charged* #3
3/17/21 Wednesday, Day 7 of Jury Selection: Judge questions the 7 jurors via Zoom regarding knowledge of settlement. Judge Cahill is saying media is trying to look at documents of lawyers’ info on counsel tables. Secondly media is reporting in detail on security & he says is irresponsible & if continues he will shut down media. Will be met with sanctions if continues & asks all media to take down such. Or they will be met with sanctions. And thanks to dixiegirl1035 for this: ALL jurors being called this am re the "extensive coverage of civil lawsuit".
#2 - He said something in news, so he has completely avoided & not to watch news & hasn't seen any new news. He continues, not kicked.
#36 - He did get exposed to settlement. He saw "large amount of money-over 20 million. As to being impartial, "it will impact me a lot" as to opinions as City confirmed opinions he already had. Judge releases him for cause/removed.
#9 -She is not aware of any media recently. She continues, not kicked. Judge is suggesting to avoid all news. She ends with "awesome", when judge says see you in court.
#19 - He has not seen anything in media. Judge again asks to stay away from news in general & will see him on March 29th.
#20 - He did see headline. Headline was City agreed for "in 20 million dollar range". He saw headline & did not read article. As to impact him... he would say that dollar amount was shocking & that the City thought something was wrong. That sticker price shocked me & "swayed me. If was lower, would not have." Judge: Did it move you off the fair & impartial, the judge asks. He answers his gut reaction was high amount. He is excused by the judge.
#27 - He heard on radio heading to gym. Judge: How does that affect your ability to do fair & impartial. "It hasn't affected me at all as I don't know the details". Judge says to him that it won't be part of the trial. He says he can put aside & says we will see you on March 29th.
#44 - She did see headline of 27 million. re influence... "I don't think so, it's not surprising. She was surprised as she thought civil suit followed a trial". The City didn't see facts, they made the decision prior. Judge states that political could be an influence. She is saying has nothing to do with case & she has thought about it. She can disregard. Judge gives disclaimer about "best to avoid all media coverage". Will see you on March 29th.
Juror 36 has been dismissed for cause after he said it would be hard to remain impartial after learning of the City's settlement with Floyd's family. Juror 20 dismissed by the judge from jury service after learning about the City's settlement with Floyd's family. This is the 2nd juror dismissed this morning during the re-questioning. Now, there are 7 seated jurors, down from 9. Jury selection continues: Juror #74 – Dismissed on 3/8. Juror #75 – Dismissed by Judge for cause, male. Juror #76 – Dismissed by defense using a strike, black male, but argues with Judge that he should dismiss for cause. Juror #77 – Dismissed on 3/8. Juror #78 – Dismissed by Judge for cause, black male. Juror #79 - Selected, male. Juror #80 – 82 – Dismissed on 3/8. Juror #83 – Dismissed by Judge for cause, female. Juror #84 – Dismissed on 3/8. Juror #85 - Selected, female. Judge grants defense THREE additional strikes & State ONE additional strike. Judge stated he's granting the additional strikes due to City's release of settlement figure. Judge says he will not rule on the admissibility of the 2019 arrest video until Friday now. Jury selection continues on 3/18/21. Strikes: State 5/9 + 1 = 5/10 & Defense 12/15 + 3 = 12/18.
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. 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) & 9:00amfor potential jurors continued on 3/19/21.
*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.
 
human said:
Back in MN because of covid . Normally I live mainly out of the US. I meet tourists from all over the world.

They would ask where I was from. I would describe MN as between LA and NY and below Canada.

The minute I said Minnesota now, they would say, “ Ah. George Floyd.”

I am not sure where one could go to find a bunch of jurors who have heard nothing .

This is the knee that was seen around the world
Click to expand...

Agreed. That knee spurred large BLM protests in the UK, Australia, Canada, France, New Zealand, Germany, Italy, Africa, Asia .... in fact, in over 60 countries and on all 7 world continents.

And not just in those countries, but in many cities in those countries. I think that every state capital city in Australia had at least one (if not more) BLM protest after George's neck was knelt on.

That one prolonged and horrific action was the catalyst for much action everywhere.

List of George Floyd protests outside the United States
 
Last edited:
Prosecutor Jerry Blackwell argued that a forensic psychiatrist should be allowed to testify on how Floyd’s behavior, as officers attempted to put him into the squad car, was consistent with any reasonable person’s anxiety or panic during a traumatic event. Officers pointed a gun at Floyd after he allegedly tried to pass a counterfeit $20 bill at a convenience store, and he struggled and told them he had claustrophobia as they tried to force him into the car.

Prosecutors want to show that Floyd wasn’t actually resisting arrest -- as Blackwell said defense attorney Eric Nelson intended to argue -- but might have been panicking and physically unable to comply with officers’ orders.

Nelson said that if the prosecution gets to present that evidence to the jury, the defense should be able to tell the jury about Floyd’s drug arrest in May 2019, when he did not resist getting put into a squad car.

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 and on defense motions for delaying or moving the trial.

12th juror picked, lawyers clash over expert in Floyd trial
 
JerseyGirl said:
Prosecutor Jerry Blackwell argued that a forensic psychiatrist should be allowed to testify on how Floyd’s behavior, as officers attempted to put him into the squad car, was consistent with any reasonable person’s anxiety or panic during a traumatic event. Officers pointed a gun at Floyd after he allegedly tried to pass a counterfeit $20 bill at a convenience store, and he struggled and told them he had claustrophobia as they tried to force him into the car.

Prosecutors want to show that Floyd wasn’t actually resisting arrest -- as Blackwell said defense attorney Eric Nelson intended to argue -- but might have been panicking and physically unable to comply with officers’ orders.

Nelson said that if the prosecution gets to present that evidence to the jury, the defense should be able to tell the jury about Floyd’s drug arrest in May 2019, when he did not resist getting put into a squad car.

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 and on defense motions for delaying or moving the trial.

12th juror picked, lawyers clash over expert in Floyd trial
Click to expand...

I was reading a lot of background info about George, a couple of days ago. Played tight end for his Houston high school football team, tried for a college sports scholarship, wanted that ticket out of poverty and the projects.

His high school wasn't rated well in education and teaching standards. He failed in passing the exam he needed to pass. The Houston police persecuted the young guys. And his life spiralled down into crime.

I wonder what happened in that 2019 arrest that made him so reluctant to get into that car in 2020 (if anything). He had been in and out of jail many times by then.

Maybe if they allow that 2019 arrest to be referenced in the trial, there will be witnesses who can say what George's experience was at that time. If he told others that it was a particularly bad experience. Or would that be hearsay, and not be allowed?

https://www.washingtonpost.com/graphics/2020/national/george-floyd-america/education/
 
Last edited:
DOH me... Bounced outta bed and I'm on the computer searching and searching for the live feed as the judge said starts much earlier today.. darn it... can't find feed.

Then I realize.....


Different time zone! hehehehe. Why can't everyone in the entire world use eastern :p:p:p Reminds me of all that math I had to do during the Oscar Petorius trial.

Off to make my first cup of coffee, which I should have had first.

Here is the feed for 9:15 am eastern start (oh yeah, 8:15 central their start pffft) o_O


ETA: We are live NOW. He'll do in groups of two.
 
Last edited:
Cathy Russon
@cathyrusson
·
39m
#DerekChauvinTrial - Court is set to begin at 8:15 ct/9:15 et with motions. We expect the judge to rule on the 2019 arrest video, change of venue and delay motions. Now have 12 jurors, just need 2 alternates to complete the jury.


link: https://twitter.com/cathyrusson


I'll give Cathy more time today to post a lot of tweets & then I'll copy/paste them over here. :)
 
Stats review per judge right now:

Initial jury pool was 326
Of the 57 panel members they questioned-
12 selected
12/18 defense kicks, 6/10 kicked by state, court kicked 27.

15 minute Recess now until top of hour.
 
Last edited:
Judge is allowing the May 2019 encounter for the limited purpose of showing the medical symptoms of Floyd after taking the drugs to conceal them and experiencing hypertension. He says because cause of death is highly contested this portion of that encounter is relevant.

He’s not allowing the behavioral evidence to come in from 2019 like defense wanted. And state won’t be allowed to bring in their forensic psychiatrist to opine about PTSD, anxiety symptoms etc. However if The State feels the defense opened the door with speculations about Floyd’s behavior (malingering etc) then they may be allowed to bring in their expert on that issue AND that would allow the defense to bring in the whole 2019 encounter to rebut the state. This is a problem because now the defense can open the door as a strategic move to bring in the entirety of the 2019 encounter.

I think Judge Cahill is basically telling both parties either both of you get to bring in behavioral analysis or neither of you can. You decide!

No change of venue/continuance.

Pretty much what I expected and probably both sides expected as well. I think the 2019 incident will prejudice the jury. It will show Floyd as a drug addict/possibly a drug dealer with health complications. It serves to buttress the defense argument, which will be that had he not made poor choices about his health he wouldn’t have died. Defense even wanted to bring in that the paramedic told Floyd at that time that his symptoms were life threatening. Judge won’t allow that but clearly the defense wants to say that Floyd was a drug addict and that’s what caused his death more than anything else.
 
Last edited:
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
 
Status
Not open for further replies.

DNASolves

Who is Fairfield County Jane Doe (1993)?

Staff online

Members online

... and 160 more.
Total: 461 (members: 161, guests: 300)

Online statistics

Members online
161
Guests online
300
Total visitors
461
Totals may include hidden visitors.

Forum statistics

Threads
609,436
Messages
18,254,052
Members
234,651
Latest member
joolie
Back
Top