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

Just Posted

Some examples of ‘kindness’ rocks that were painted by members of the Boys and Girls Club in Rimbey. photo submitted
The ‘kindness rock snake’ continues to take shape in Rimbey

Residents are asked to contribute a ‘kindness rock’ to a project near the Blindman Youth Action Building

The City of Red Deer sits at 249 active cases of the virus, after hitting a peak of 565 active cases on Feb. 22. (Black Press file image)
Red Deer down to 119 active COVID-19 cases

Province identifies 179 new cases Saturday

Member Terry Parsons’ custom built track vehicle.
Forestburg’s Area 53 Racetrack gears up for action-packed season

Site will also host a portion of the ‘Miles of Mayhem’ event in July

Image/ Metro Creative Connection
Rimbey Municipal Library struggling to finish expansion amid construction cost boom

‘We found that the cost is at least $100,000 more than anticipated.’

At an outdoor drive-in convocation ceremony, Mount Royal University bestows an honorary Doctor of Laws on Blackfoot Elder and residential school survivor Clarence Wolfleg in Calgary on Tuesday, June 8, 2021. THE CANADIAN PRESS/Jeff McIntosh
‘You didn’t get the best of me’: Residential school survivor gets honorary doctorate

Clarence Wolfleg receives honorary doctorate from Mount Royal University, the highest honour the school gives out

Flowers and cards are left at a makeshift memorial at a monument outside the former Kamloops Indian Residential School to honour the 215 children whose remains are believed to have been discovered buried near the city in Kamloops, B.C., on Monday, May 31, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Pick a Sunday:’ Indigenous leaders ask Catholics to stay home, push for apology

Indigenous leaders are calling on Catholics to stand in solidarity with residential school survivors by not attending church services

“They will never be forgotten, every child matters,” says Sioux Valley Chief Jennifer Bone in a video statement June 1. (Screen grab)
104 ‘potential graves’ detected at site of former residential school in Manitoba

Sioux Valley Dakota Nation working to identify, repatriate students buried near former Brandon residential school

Denmark’s Christian Eriksen receives medical attention after collapsing during the Euro 2020 soccer championship group B match between Denmark and Finland at Parken stadium in Copenhagen, Saturday, June 12, 2021. (AP Photo/Martin Meissner, Pool)
Christian Eriksen in stable condition, Euro 2020 match resumes

Eriksen was given chest compressions after collapsing on the field during a European Championship

As stories of the horrors of residential schools circulate after the Tk’emlups te Secwepemc First Nation announced it had located what are believed to be the remains of 215 children, Grand Chief Stewart Phillip of the Union of B.C. Indian Chiefs said he feels a connection with the former students. THE CANADIAN PRESS/Darryl Dyck
2 sides of the same coin: Ex-foster kids identify with residential school survivors

Grand Chief Stewart Phillip says the child welfare system takes Indigenous children from their families

Airport ground crew offload a plane carrying just under 300,000 doses of the single-shot Johnson & Johnson COVID-19 vaccine which is developed by the Janssen Pharmaceutical Companies at Pearson International Airport during the COVID-19 pandemic in Toronto on Wednesday, April 28, 2021. THE CANADIAN PRESS/Nathan Denette
1st batch of Johnson & Johnson vaccines won’t be released in Canada over quality concerns

The vaccines were quarantined in April before they were distributed to provinces

Grade 12 students at Wetaskiwin Composite High School took place in the annual water fight off school property on June 11, 2021. Shaela Dansereau/ Pipestone Flyer.
Graduating students in Wetaskiwin throw water fight after being told it could result in suspension

Students were told their participation could result in them being barred from graduation ceremonies.

The arrest south of Winnipeg occurred before Bernier was to arrive at a protest in the city. (Twitter/Maxime Bernier)
Maxime Bernier arrested following anti-rules rallies in Manitoba: RCMP

He’s been charged with exceeding public gathering limits and violating Manitoba’s requirement to self-isolate

Most Read