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MINNEAPOLIS (WCCO) — In an 11th-hour development, the Minnesota Court of Appeals will be hearing arguments in early March about reinstating the third-degree murder charges for Derek Chauvin, who is accused in the death of George Floyd.

The hearing for Chauvin is set for March 1. Prosecutors want the third-degree murder charges back in, and argued that the appeal to reinstate the charges needed to expedited due to the upcoming trail for Chauvin on March 8.

The appeals court agreed.

An oral argument to amend complaints to add third-degree murder charges for J. Alexander Kueng, Thomas Lane and Tou Thao will not be scheduled until a briefing is held.

11th hour major development in Derek Chauvin murder trial in #GeorgeFloyd case – MN COA will hear arguments March 1 about reinstating 3rd degree murder charges against 4 former officers, Prosecution wants to get 3rd degree back in -trial starts March 8th @wcco will update

— esme murphy (@esmemurphy) February 23, 2021

Floyd, a Black man, died May 25 after Chauvin, who is white, pressed his knee against Floyd’s neck while he was handcuffed face down on the street. Police were investigating whether Floyd used a counterfeit bill at a nearby store. In a video widely seen on social media, Floyd could be heard pleading with officers for air, saying he couldn’t breathe.

Floyd’s death sparked protests in Minneapolis and elsewhere and renewed calls for an end to police brutality and racial inequities.

Chauvin is charged with second-degree murder and second-degree manslaughter in Floyd’s death. Former officers Tou Thao, J. Alexander Kueng and Thomas Lane are each charged with aiding and abetting second-degree murder, as well as aiding and abetting second-degree manslaughter.


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Tags: united fc golf minneapolis news st paul news united fc golf derek chauvin george floyd minneapolis news minnesota court of appeals third degree murder minneapolis news st paul news third degree murder charges second degree manslaughter floyd’s death second degree murder for derek chauvin alexander kueng appeals court charged thomas lane for chauvin

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Derek Chauvin trial: Cop who ‘killed George Floyd’ in court as jury selection starts and Minneapolis protest rages

GEORGE Floyd protesters have taken to the streets of Minneapolis as the jury selection for cop Derek Chauvin's trial starts today.

As Chauvin was sat in the court house, protesters holding signs were turning up outside of the Hennepin County Government Center.

9Protesters arrived at the court on MondayCredit: AFP or licensors 9Chauvin appeared in court on Monday 9The National guard were outside of the courtCredit: AFP or licensors 9Tributes were made to George FloydCredit: AFP or licensors

One person was seen holding a mirror with red writing on that branded "Derek Chauvin you are a murderer."

Layers of fending were erected outside of the courthouse prior to the trial, with a sign attached to it telling protesters 'you are welcome here' while nothing it is a 'restricted' area.

Protestors also held tributes to George Floyd, who died in May last year after Chauvin held his knee to his neck for nearly nine minutes, pressing his face into the ground and asphyxiating him.

The horrifying video of the incident went viral on social media.

In the footage, Floyd can repeatedly be heard saying, "I can't breathe" – a slogan adopted by the Black Lives Matter movement.

9Floyd died last yearCredit: AP:Associated Press 9His death sparked outrage across AmericaCredit: Refer to Caption 9One protester held a 'we got your back' signCredit: REUTERS 9Some protesters were wearing masksCredit: REUTERS

Jury selection will follow atypical guidelines due to Covid-19 protocols as well as the highly-sensitive nature of the case.

Opening statements could be delayed, however, after a Court of Appeals ruling that said Hennepin District Judge Peter Cahill made an error in dismissing an additional third-degree murder charge against Chauvin.

Chauvin's attorney, Eric Nelson, said on Monday that he is going to ask the state Supreme Court to review the decision regarding third-degree murder.

Chauvin has been charged with second-degree murder and manslaughter.

9Members of Visual Black Justice, place an art installation outside the Hennepin County Government CenterCredit: AFP or licensors

Picking a jury is expected to take at least three weeks, as prosecutors and defense attorneys try to weed out people who may be biased against them.

“You don’t want jurors who are completely blank slates, because that would mean they’re not in tune at all with the world,” Susan Gaertner, a former prosecutor, said.

“But what you want is jurors who can set aside opinions that have formed prior to walking into the courtroom and give both sides a fair hearing.”

Chauvin’s attorney, Eric Nelson, argued that pretrial publicity of the case and the subsequent violent unrest in Minneapolis would make it impossible to find an impartial jury in Hennepin County.

But Judge Peter Cahill said last year that moving the trial probably wouldn't cure the problem of a potentially tainted jury pool because “no corner of the State of Minnesota” has been shielded from pretrial publicity.

The potential jurors — who must be at least 18, U.S. citizens and residents of Hennepin County — were sent questionnaires to determine how much they have heard about the case and whether they’ve formed any opinions.

Besides biographical and demographic information, jurors were asked about prior contacts with police, whether they have protested against police brutality and whether they believe the justice system is fair.

Some of the questions get specific, such as how often a potential juror has watched the bystander video of Floyd’s arrest, or whether they carried a sign at a protest and what that sign said.

Mike Brandt, a local defense attorney, said prosecutors will likely seek out jurors who have favorable opinions on the Black Lives Matter movement or might have more outrage over Floyd’s death, while Chauvin’s attorneys would likely favor jurors who support the police.

Unlike typical jury selection proceedings, this jury pool will be questioned one by one instead of in a group.

The judge, defense attorney and prosecutors will all get to ask questions.

The defense can object to up to 15 potential jurors without giving a reason; prosecutors can block up to nine with no reason given.

The other side can object to these so-called peremptory challenges if they believe the sole reason for disqualifying a juror is race or gender.

Both sides can also argue to dismiss an unlimited number of jurors “for cause,” meaning they must provide a reason why they believe that juror shouldn’t serve.

Those situations can get into some detailed machinations, Brandt said, and it’s up to the judge to decide whether a juror stays or goes.

“Sometimes there is some tortured questioning,” Brandt said.

He said that even if a juror says they have had a negative interaction with the police, or a negative opinion about Black Lives Matter, the key will be trying to find out whether they can put those past experiences or opinions aside and be fair.

“We all walk into these with biases. The question is, can you put those biases aside and be fair in this case,” he said.

Jury selection will end after 14 people are picked – 12 jurors who will deliberate the case and two alternates who won’t be part of deliberations unless needed.

The jurors will be escorted to the courthouse daily and sequestered during deliberations. Their names will be kept confidential until further order of the court.

The number of seats in the courtroom has been limited to maintain social distancing due to the COVID-19 pandemic, and seats for jurors have been spaced out.

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Like others in the courtroom, jurors will be required to wear masks.

Cahill ruled that that only one member of George Floyd's family at a time will be allowed to attend the trial of Chauvin trial.

The same rule will apply to Chauvin's family, and those in attendance will also be require to practice social distancing and wear masks.

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