Trial of former police officer accused in George Floyd’s death gets underway

A light rail train is blocked briefly by demonstrators next to the plaza at Hennepin County Government Center on the eve of the start of the trial of Derek Chauvin in the killing of George Floyd, Sunday, March 28, 2021, in Minneapolis. (Jeff Wheeler/Star Tribune via AP)A light rail train is blocked briefly by demonstrators next to the plaza at Hennepin County Government Center on the eve of the start of the trial of Derek Chauvin in the killing of George Floyd, Sunday, March 28, 2021, in Minneapolis. (Jeff Wheeler/Star Tribune via AP)
The Rev. Al Sharpton, left, elbow bumps a man as he arrived for a vigil for the family of George Floyd at Greater Friendship Church, Sunday, March 28, 2021, in Minneapolis. Opening statements are set for Monday in the trial of a former Minneapolis police officer charged with murder and manslaughter in George Floyd’s death. (Jerry Holt/Star Tribune via AP)The Rev. Al Sharpton, left, elbow bumps a man as he arrived for a vigil for the family of George Floyd at Greater Friendship Church, Sunday, March 28, 2021, in Minneapolis. Opening statements are set for Monday in the trial of a former Minneapolis police officer charged with murder and manslaughter in George Floyd’s death. (Jerry Holt/Star Tribune via AP)

The trial of a former Minneapolis police officer charged in George Floyd’s death is underway.

The judge briefed the jurors on their duties ahead of opening statements Monday in the case that sparked waves of outrage justice across the U.S. and beyond after bystander video showed Derek Chauvin press his knee to Floyd’s neck for about nine minutes.

Legal experts said they expect prosecutors to play the video to the jury early on to remind jurors of what is at the heart of their case.

Floyd family attorney Ben Crump said outside the courthouse ahead of opening statements that the trial would be a test of “whether America is going to live up to the Declaration of Independence.”

THIS IS A BREAKING NEWS UPDATE. AP’s earlier story follows below.

A former Minneapolis police officer goes on trial Monday in George Floyd’s death, and jurors may not wait long to see parts of the bystander video that caught Derek Chauvin’s knee on Floyd’s neck, sparking waves of outrage and activism across the U.S. and beyond.

Prosecutors have not said when they will play the video, but legal experts expect it to be early — maybe even in the prosecution’s opening statement — as they seek to remind jurors of what is at the heart of their case.

“If you’re a prosecutor you want to start off strong. You want to frame the argument — and nothing frames the argument in this case as much as that video,” said Jeffrey Cramer, a former federal prosecutor and managing director of Berkeley Research Group in Chicago.

Floyd, 46, was declared dead after Chauvin, who is white, pressed his knee against Floyd’s neck for about nine minutes. He held his position even as Floyd’s “I can’t breathe” cries faded and he went limp as he was handcuffed and lying on his stomach. Chauvin, 45, is charged with unintentional second-degree murder, third-degree murder and manslaughter.

Almost all of the jurors selected during more than two weeks of questioning said they had seen at least parts of the video, and several acknowledged it gave them at least a somewhat negative view of Chauvin. But they said they could set that aside.

Outside the courthouse Monday ahead of opening statements, Floyd family attorney Ben Crump said the trial would be a test of “whether America is going to live up to the Declaration of Independence.” And he blasted the idea that it would be a tough test for jurors.

“For all those people that continue to say that this is such a difficult trial, that this is a hard trial, we refute that,” he said. “We know that if George Floyd was a white American citizen, and he suffered this painful, tortuous death with a police officer’s knee on his neck, nobody, nobody, would be saying this is a hard case.”

VIDEO: George Floyd spurred broad push for change globally, activists say

The trial is expected to last about four weeks at the courthouse in downtown Minneapolis, which has been fortified with concrete barriers, fencing, and barbed and razor wire. City and state leaders are determined to prevent a repeat of damaging riots that followed Floyd’s death, and National Guard troops have already been mobilized.

The key questions at trial will be whether Chauvin caused Floyd’s death and whether his actions were reasonable.

For the unintentional second-degree murder charge, prosecutors have to prove Chauvin’s conduct was a “substantial causal factor” in Floyd’s death, and that Chauvin was committing felony assault at the time. For third-degree murder, they must prove that Chauvin’s actions caused Floyd’s death, and were reckless and without regard for human life. The manslaughter charge requires proof that Chauvin caused Floyd’s death through negligence that created an unreasonable risk.

Unintentional second-degree murder is punishable by up to 40 years in prison in Minnesota, with up to 25 years for third-degree murder, but sentencing guidelines suggest that Chauvin would face 12 1/2 years in prison if convicted on either charge. Manslaughter has a maximum 10-year sentence.

After jury instructions, prosecutors will begin with their opening statement, providing a road map of their case and telling jurors what they can expect to see at trial, said Mike Brandt, a local defence attorney who is watching the case closely. They’ll outline what’s to come, highlighting key witnesses

Chauvin’s defence attorney, Eric Nelson, will likely use his opening statement to push back on what prosecutors say, and tell jurors that medical testimony and use of force experts will show a different view. Nelson has made clear that the defence will make an issue of Floyd swallowing drugs before his arrest, seeking to convince the jury that he was at least partially responsible for his death.

The county medical examiner’s autopsy noted fentanyl and methamphetamine in Floyd’s system, but listed his cause of death as “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression.”

Prosecutors are expected to play the bystander video early, because they will want to put the image of Chauvin with his knee on Floyd’s neck in jurors’ minds.

“It sets the stage for anything to follow,” Brandt said. “No matter what happens after that, we’re done.”

He said that while the video is key, the case is really going to be a battle of experts on authorized use of force and cause of death.

Cramer agreed the video gives the prosecutors some “firepower,” but said it’s not going to be where the case is fought. He said people know Floyd died, but the key point of dispute is going to be why it happened and whether Chauvin acted reasonably in that moment.

“Obviously the result was tragic, but were the actions reasonable at that time for that officer,” he said.

The defence, he said, only needs one juror to believe prosecutors didn’t prove their case beyond a reasonable doubt.

Fifteen jurors will appear in court Monday when the case starts, but Hennepin County Judge Peter Cahill said the 15th was chosen simply to ensure that 14 would be in place once the trial begins. He’s expected to dismiss that person immediately.

Two of the remaining 14 will be alternates, but the court hasn’t made clear which ones.

The panel of 15 includes nine people who are white and six who are Black or multiracial, according to the court. Jury selection took more than two weeks, as jurors were questioned individually about their views on police, racial justice issues and pretrial publicity in the case.

On Sunday night, national civil rights leaders appeared at a prayer service alongside several of Floyd’s family members. Several dozen attendees congregated in the benches at Greater Friendship Missionary Church. The speakers called for justice in Floyd’s death, mirroring the words spoken by leaders during a protest earlier Sunday in downtown Minneapolis.

“This case to us is a slam dunk, because we know the video is the proof, it’s all you need,” Floyd’s brother Philonise said Monday on NBC’s “Today” show. “The guy was kneeling on my brother’s neck … a guy who was sworn in to protect. He killed my brother in broad daylight. That was a modern-day lynching.”

___

Steve Karnowski And Amy Forliti, The Associated Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

PoliceRacial injusticeUSA

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

This photo shows crews the fire at 7987 Galbraith Cres. that caused extensive damage and displaced six residents early Sunday morning. (Central Saanich Fire/Department Twitter)
Central Saanich rallies around couple who lost home of 25 years

A GoFundMe campaign is currently underway for Carla and Brian Wallace

The government map (as of April 22) showing vaccine availability doesn’t have any Saanich Peninsula pharmacies listed, but the situation is fluid, and many readers have already registered. (Province of B.C. screenshot)
Vaccine availability a fluid situation for Saanich Peninsula

Government site may not show pharmacies, but registering still an option

Volunteers with the Esquimalt Farmers Market will be on hand at Bullen Field to direct attendees and clarify public health protocols. The market runs Thursdays now through Sept. 16, from 4:30-7:30 p.m. (Facebook/Esquimalt Farmers Market)
Esquimalt Farmers Market continues tonight at Bullen Field

Award-winning market features farm-fresh products, food trucks, COVID-19 protocols for safety

A member of the Belmont Secondary School in Langford has tested positive for COVID-19, the Sooke School District announced Thursday afternoon. (Black Press Media File Photo)
Positive COVID-19 case identified at Belmont Secondary School in Langford

Other school members could’ve been exposed on April 20

While Buccaneer Days public events are cancelled again, such as the annual parade, a home and business decorating contest will allow the spirit of the event to live on. (Facebook)
Esquimalt Buccaneer Days COVID-19 cannon fodder again

Annual celebration cancelled a second time, decorating contest full steam ahead

Canadian Prime Minister Justin Trudeau and United States President Joe Biden smile as they say farewell following a virtual joint statement in Ottawa, Tuesday, February 23, 2021. THE CANADIAN PRESS/Adrian Wyld
Trudeau pledges to cut emissions by 40% to 45% by 2030, short of U.S. goal

Trudeau announced target during a virtual climate summit convened by U.S. President Joe Biden

(Black Press Media file photo)
POLL: Have rising prices caused you to give up hope of buying a home?

Do you have a spare 50 grand or so kicking around (have… Continue reading

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of April 20

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

MLA Shirley Bond, right, answers questions during a press conference at Legislature in Victoria, B.C., on February 19, 2019. THE CANADIAN PRESS/Chad Hipolito
Former B.C. gaming minister says she wasn’t told directly about dirty cash flowing to casinos

Shirley Bond said Thursday civil forfeiture, gang violence and gambling addiction were also major concerns in 2011

RCMP Constable Etsell speaks to tourists leaving the area at a police roadblock on Westside Road south of Fintry, B.C., Thursday, July 23, 2009. THE CANADIAN PRESS/ Yvonne Berg
B.C. police say they take ‘exception’ to conducting roadblocks limiting travel

Asking the police to enforce roadblocks exposes officers to further risk and possible COVID-19 infections, says federation president Brian Sauve

The conservation service confirmed they do not relocate cougars from settled areas but that euthanasia is not necessarily the fate for an animal in the Fanny Bay area. The hope is that the animal will move on to wild areas. (File photo)
Woman hopes cat-stalking Fanny Bay cougar can avoid euthanization

Conservation officers do not relocate the animals from Vancouver Island

Tofino residents expressed frustration over a recent post by Long Beach Lodge owner Tim Hackett that falsely claimed all residents have been vaccinated. (Westerly file photo)
Resort owner apologizes for suggesting Tofino is safe to travel to

Long Beach Lodge owner Tim Hackett apologizes to community and visitors

BC Hydro released a survey Thursday, April 22. It found that many British Columbians are unintentionally contributing to climate change with their yard maintenance choices. (Pixabay)
Spend a lot of time doing yard work? It might be contributing to climate change

Recent BC Hydro survey finds 60% of homeowners still use gas-powered lawnmowers and yard equipment

Journal de Montreal is seen in Montreal, on Thursday, April 22, 2021. The daily newspaper uses a file picture of Prime Minister Justin Trudeau dressed in traditional Indian clothing during his trip to India to illustrate a story on the Indian variant of the coronavirus. Paul Chiasson/The Canadian Press
Montreal newspaper blasted for front-page photo of Trudeau in India

Trudeau is wearing traditional Indian clothes and holding his hands together in prayer beside a caption that reads, ‘The Indian variant has arrived’

Most Read