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B
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C
HRISTINE
M
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D
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Union Presses Provisions
Before L.A. Schools Open
murder issue was resolved.
“We’re not trying to delay
this case. We want to try this
case, but we want to try it
right and we only have the
ability to try it once,” he told
Judge Cahill on Monday morn-
ing. Mr. Frank said that pro-
ceeding without a resolution
of the matter could open the
case up to an appeal later, or
simply waste the court’s time.
Jury selection was expected
to last at least two weeks,
with
opening
arguments
scheduled for March 29. The
trial itself is expected to take
two to four weeks.
Mr. Chauvin is facing more
serious charges of second-de-
gree murder—unintentional,
while committing a felony—
and second-degree manslaugh-
ter. Three other former offi-
cers have been charged with
abetting second-degree mur-
der and manslaughter, and are
expected to face trial in Au-
gust. Lawyers for all four have
made filings saying they aren’t
guilty.
The state had initially
charged Mr. Chauvin with
third-degree murder, which in-
volves a reckless act that
threatens the lives of others.
The state later added the sec-
ond-degree murder and man-
slaughter charges. Judge Ca-
hill in October dismissed the
third-degree
charge
on
grounds that the statute ap-
plies only when more than one
person is threatened by the
act.
On Feb. 1, the Court of Ap-
peals issued a decision on a
third-degree murder charge in
a shooting case by another of-
ficer, former Minneapolis po-
lice officer Mohamed Noor,
finding that the reckless act
could apply even when only
one person was threatened.
Judge Cahill later that
month rejected a prosecution
motion to reinstate the third-
degree murder charge, saying
the ruling didn’t apply to the
Chauvin case because it could
still be appealed to the state
Supreme Court. The state’s
highest court did later accept
the appeal by attorneys for
Mr. Noor, who was convicted
of third-degree murder and
manslaughter.
The appellate court on Fri-
day rejected Judge Cahill’s ar-
gument and said that Judge
Cahill must accept the Appel-
late Court’s decision as prece-
dent when it was issued. Still,
Judge Cahill might ultimately
reject a third-degree murder
charge if the defense puts
forth a different argument, ac-
cording
to
the
appellate
court’s opinion.
The county medical exam-
iner ruled Mr. Floyd’s death a
homicide, and listed the cause
as “cardiopulmonary arrest
complicating law enforcement
subdual, restraint and neck
compression.” The county au-
topsy also indicated Mr. Floyd
suffered from heart disease
and had drugs in his system.
The defense has argued
that the drugs and heart dis-
ease caused Mr. Floyd’s death,
noting the medical examiner
found no evidence of injury to
his neck and back.
The potential delay in the
trial comes as many govern-
ment
buildings
downtown
have been boarded up or
walled off with jersey barriers
and barbed wire. As many as
2,000 National Guard troops
and 1,100 police officers will
be on hand toward the end of
the trial to try to prevent the
possibility of rioting and loot-
ing, which took hold of the
city last summer.
Protesters were also plan-
ning demonstrations to coin-
cide with the start of jury se-
lection.
MINNEAPOLIS—Jury selec-
tion in the murder trial of a
former police officer accused
of killing George Floyd was on
hold Monday after prosecutors
filed for a delay pending an ap-
peal to the Minnesota Supreme
Court
over an
additional
charge of third-degree murder.
It wasn’t immediately clear
how quickly the Minnesota
Court of Appeals would take
to consider the motion to de-
lay the start of the high-pro-
file case, which has brought
tight security measures and
protesters to downtown Min-
neapolis.
District Judge Peter Cahill,
who is overseeing the trial,
sent prospective jurors home
for the day Monday but held
an afternoon hearing during
which the two sides went over
a number of pretrial condi-
tions. The prosecution and de-
fense said they had agreed to
eliminate 16 of the first 50
prospective jurors but didn’t
say why.
The judge said he expected
jury selection to continue
Tuesday unless the Court of
Appeals intervenes.
On Friday, the Minnesota
Court of Appeals said Judge
Cahill must reconsider his de-
cision to exclude the third-de-
gree murder charge. Eric Nel-
son, the attorney for the
former officer on trial, Derek
Chauvin, said in court Monday
that he planned to appeal that
ruling to the state’s highest
court.
Matthew Frank, Minne-
sota’s assistant attorney gen-
eral, said the third-degree
murder charge, if ultimately
included, would be integral to
how prosecutors present their
case, beginning with jury se-
lection. Mr. Frank asked the
Court of Appeals to delay the
trial until the third-degree
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