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

The Trail Smoke Eaters fell 6-1 to the Penticton Vees on Sunday, their third loss to the perennial BCHL powerhouse six games into the 20-game season. Photo: Stephen Piccolo
Penticton Vees dominant in win over Trail Smoke Eaters

Trail Smoke Eaters enjoy two day break until their fourth meeting with Penticton Vees on Wednesday

Kalesnikoff Lumber will be providing materials for a 21-storey apartment building in Vancouver. Rendering: Henriquez Partners Architects
Kalesnikoff supplying mass timber for several major projects

The West Kootenay lumber company will be making the products at South Slocan facility

This painting is a piece from Young Visions 2021, opening April 22 at the Kootenay Gallery. Photo: S. Painter
Showcase of artwork by Kootenay Columbia students opens April 22

Young Visions 2021 runs April 22 to May 29 in the Kootenay Gallery of Art, Castlegar

Selkirk College has received provincial funding to assist students. File photo
Selkirk College receives funding to assist students

Provincial funding is available to West Kootenay students

Burnaby MLA Raj Chouhan presides as Speaker of the B.C. legislature, which opened it spring session April 12 with a speech from the throne. THE CANADIAN PRESS
B.C. NDP promises more health care spending, business support in 2021 budget

John Horgan government to ‘carefully return to balanced budgets’

A lady wears a sticker given out after receiving a COVID-19 vaccine at a clinic in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS
B.C.’s COVID-19 case count slows after last week’s peak

3,219 new cases since Friday, 18 additional deaths

North Cowichan councillor Tek Manhas did not violate the municipality’s code of conduct by posting a sexist meme on Facebook, council concludes. (File photo)
B.C. municipality to take no action against councillor who posted sexist meme

Tek Manhas’s meme doesn’t violate North Cowichan council’s code of conduct, municipality concludes

—Image: contributed
Indoor wine tastings still allowed in B.C., not considered a ‘social gathering’

“Tasting is really just part of the retail experience. The analogy I use is you wouldn’t buy a pair of pants without trying them on.”

A sign on a shop window indicates the store is closed in Ottawa, Monday March 23, 2020. The Canadian Federation of Independent Business is raising its estimate for the number of businesses that are considering the possibility of closing permanently. THE CANADIAN PRESS/Adrian Wyld
Small business struggling amid COVID-19 pandemic looks for aid in Liberals’ budget

President Dan Kelly said it is crucial to maintain programs to help businesses to the other side of the pandemic

The National Security and Intelligence Committee of Parliamentarians says that includes attempts to steal Canadian research on COVID-19 and vaccines, and sow misinformation. (AP Photo/Esteban Felix)
Intelligence committee warns China, Russia targeting Canadian COVID-19 research

Committee also found that the terrorist threat to Canada has shifted since its last such assessment

Part of the massive mess left behind in a Spallumcheen rental home owned by Wes Burden, whose tenants bolted from the property in the middle of the night. Burden is now facing a hefty cleaning and repair bill as a result. (Photo submitted)
Tenants disappear in the night leaving Okanagan home trashed with junk, feces

Spallumcheen rental rooms filled with junk, human and animal feces; landlord scared to rent again

Parliament Hill is viewed below a Canada flag in Gatineau, Quebec, Friday, Sept. 18, 2020. A new poll suggests most Canadians are feeling more grateful for what they have in 2020 as a result of COVID-19 pandemic.THE CANADIAN PRESS/Sean Kilpatrick
Canada’s greenhouse gas emissions increased slightly in 2019: report

2019 report shows Canada emitted about one million tonnes more of these gases than the previous year

Dr. E. Kwok administers a COVID-19 vaccine to a recipient at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to register people ages 40+ for COVID-19 vaccines in April

Appointments are currently being booked for people ages 66 and up

Most Read