MN - George Floyd, 46, died in police custody, Minneapolis, 25 May 2020 *officers charged* #3

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Activist coalition sets protest for Chauvin trial start

A coalition of more than a dozen social justice and community groups says it will stage a protest on March 8, demanding justice for George Floyd as the trial of former Minneapolis police officer Derrick Chauvin begins.

The demonstration is set to begin at 8:30 a.m. outside the Hennepin County Government Center, as jury selection gets underway in Chauvin's murder trial. He is the officer seen in video kneeling on Floyd's neck for nearly nine minutes, an act prosecutors say caused Floyd's death.
 
Minneapolis city officials are abandoning a plan to hire "social media partners" to disseminate information during the trial of Derek Chauvin.

The plan, which would have cost a total of $12,000, was to partner with six "social media influencers" who would share information from the city throughout the trial. Minneapolis officials say they believed it would help them share important information with people who aren't connected to mainstream news or the city's usual communication channels, but many community members spoke out against the strategy.

Minneapolis drops social media influencer plan for Chauvin trial | kare11.com
 
Law enforcement leaders from the Twin Cities metro, the state of Minnesota and the federal government are assuring the public that they're ready to keep Minneapolis and St. Paul safe during the trial of Derek Chauvin.

Jury selection begins on March 8 for the trial of the former Minneapolis police officer, charged with second-degree murder and second-degree manslaughter in the death of George Floyd.

Minneapolis Police Chief Medaria Arradondo spoke at a Monday afternoon news conference one week ahead of the trial start date. He said in the months of planning that have taken place already, there have been two goals.

“Prevention of damage to property and crimes, as well as also ensuring First Amendment constitutional rights for those who wish to peacefully assemble and demonstrate," Arradondo said.

“The FBI will be actively supporting the collective law enforcement effort to protect the Twin Cities and surrounding metropolitan area,” he said.

Paul said the FBI will be providing support in three areas during the trial: intelligence, critical incident response and investigations. The primary expertise the agency offers, however, is intelligence.


Minneapolis security plans for Derek Chauvin trial update | kare11.com
 
Trial timeline

  • March 8: Jury Selection begins for Derek Chauvin trial
  • March 29: Opening statements, State of Minnesota’s case begins vs. Derek Chauvin
  • Trial duration: approximately 2-4 weeks
  • August 23: Trial proceedings begin for J. Alexander Kueng, Thomas Lane and Tou Thao trial

Web and phone resources

Minnesota Judicial Branch website: State vs. Derek Chauvin information page + sign-up to receive updates


Frequently Asked Questions

When will the trial take place?

Currently, the trial of Derek Chauvin is scheduled to begin on March 8, 2021, with jury selection. Jury selection could run through March 26, 2021. Opening statements and the commencement of the State’s case will begin no earlier than March 29, 2021. Three other former Minneapolis police officers will be tried together, in a separate trial, beginning Aug. 23, 2021.

How long will the trial last?

We do not know how long the trial will last. At a minimum, experts anticipate the trial could last 2-4 weeks.

Who are the defendants?

The defendants are former Minneapolis police officers. The four are: Derek Chauvin, J. Alexander Kueng, Thomas Lane and Tou Thao.

Where will the trial take place?

The trial is scheduled to take place in Hennepin County District Court. The Hennepin County Courthouse is in downtown Minneapolis, adjacent to Minneapolis City Hall and near the Federal Courthouse.

Will there be one trial? Or will each defendant be tried separately?

There will be two trials. Jury selection for former Minneapolis police officer Derek Chauvin will begin on March 8, 2021. Opening statements in that case are scheduled for March 29, 2021. A second trial will begin on Aug. 23, 2021, for former officers J. Alexander Kueng, Thomas Lane and Tou Thao. The three will be tried together.

Will the trial be televised?

Yes, the judge ruled that cameras will be allowed in the courtroom.

mpls downtown trial information - mpls downtown council
 
Just got this in my Alert...

Court mulling whether to reinstate 3rd-degree murder charge against Derek Chauvin

March 2, 2021
The Minnesota Court of Appeals is deciding whether to reinstate a third-degree murder charge against Derek Chauvin, the former Minneapolis police officer set to go on trial next week in the death of George Floyd.

During a virtual hearing on Monday, a prosecutor from Minnesota Attorney General Keith Ellison's office argued that the district court judge presiding over Chauvin's case "abused his discretion" by dropping the charge.


Chauvin, who did not attend Monday's hearing, is currently facing charges of second-degree murder and second-degree manslaughter in the May 25 death of Floyd, a 46-year-old Black man.

"We will ... issue an expedited decision as soon as possible, appreciating that the trial in this matter is supposed to start one week from today," Appellate Judge Michelle A. Larkin said at the close of the hearing.
[.....]
Hennepin County District Court Judge Peter Cahill, who is presiding over Chauvin's case, dismissed the third-degree murder charge in October last year, ruling that it required evidence that Chauvin's alleged actions put multiple people at risk and resulted in a death. Cahill ruled that since Chauvin is accused of only targeting Floyd, the count did not apply to his case.
[.....]



a lot more in article.
 
Since they had a hearing on Monday the 1st - I'm going to post this - so I can shorten it up a bit for his trial. I've been keeping a LOT of notes since the last hearing in January....

Monday, March 1st:
*Hearing (@ am CT) - MN – George Perry Floyd, Jr. (46) (May 25, 2020, Minneapolis, arrested for forgery & killed in police custody) - *Derek Michael Chauvin (44) police officer who held his knee on Floyd’s neck for 8 minutes & 46 seconds (Note: on 10/14/20 this has been changed to 9 minutes & 30 seconds) (& non responsive for 2 minutes & 53 seconds before officer took his knee off his neck; from 8:19pm to 8:27pm his knee was on Floyd’s neck; has been fired (5/26/20) & arrested & charged (5/29/20) with 3rd degree murder & 2nd degree manslaughter. Charges changed (6/3/20) to 2nd degree murder-unintentional-while committing a felony, 3rd degree murder-perpetrating eminently dangerous act (3rd degree charge was dismissed 10/22/20) & evincing depraved mind & 2nd degree manslaughter-culpable negligence creating unreasonable risk. $500K bond, reset (6/8/20) @ $1.25M & $1M w/conditions. Posted non-cash $1M bond (10/7/20) & has been released from jail.
Trial set to begin on 3/8/21. Currently, the trial of Derek Chauvin is scheduled to begin on March 8, 2021, with jury selection. Jury selection could run through March 26, 2021. Opening statements and the commencement of the State’s case will begin no earlier than March 29, 2021. Experts aniticpate the trial could last 2-4 weeks.
Bond conditions & court info from 12/19/20 thru 10/15/20 reference post #140 here:
MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 *officers charged* #3
12/31/20 Update: The State of Minnesota (Filed motion) is asking for the trial in George Floyd’s death to be pushed from March to June 7, in order to better prepare for COVID-19. The state argues that, even with COVID-19 protocols put into place, there could be serious disruptions to the trial given the scope. Chauvin’s attorney Erik Nelson requested for the trial to be delayed, arguing the state’s presentation of the evidence has been unorganized & delayed. A new request from the attorney of Chauvin, the former Minneapolis police officer accused of killing George Floyd, asks the court for more time to prepare for next year’s trial. The attorney for Thao, who is also charged in the case, made a similar argument earlier. On Thursday, Lane’s attorney Earl Gray objected to the state’s request to delay the trial. 1/4/21: Supplemental Prosecution Disclosure Pursuant to Rule 9.01, Subd. 1. 1/4/21: Kueng: Supplemental Statement Facts regarding Spriegl Evidence filed. Kueng, Thao & Lane: Discovery Disclosure filed. 1/7/21 Update: Hearing on 1/11 was changed to 1/7/21.
1/7/21 Update: Judge Peter Cahill says he will take George Floyd trial delay arguments "under advisement." That means no ruling from the courts today. The four former police officers were not required to be at this hearing & did not appear with their attorneys. Attorneys for Thao, Lane and Kueng objected to the government's argument, though attorneys for Chauvin & Thao have made their own requests for postponement, saying prosecutors violated rules on disclosing evidence. Prosecutors say they haven't violated the rules. 1/11/21: All: Order regarding discovery, expert witness deadlines & trial continuance motion filed.
1/11/21 Update: Judge Peter Cahill filed orders in Hennepin County District Court on Monday, 1/11/21: Chauvin's jury trial will begin on March 8. Then, former officers Lane, Kueng & Thao will remain joined for trial starting on Aug. 23. In addition to the discussion of moving trials, the State & the defense also discussed a modification of the expert witness disclosure deadlines. "The Court's amended Order of Dec. 17, 2020, extending expert witness disclosure deadlines, shall be amended, but only to allow the State to disclose expert reports & findings & complete written summaries of the subject matter of each expert's testimony by Feb. 1, 2021," the court filings stated, in part, on Chauvin's trial. The order doesn't apply to the other three, as they "may agree to a later date for expert disclosures" for the August trial.
1/14/21: Discovery Disclosure. 1/15/21: Initial Expert Disclosure & Curriculum Vitae. 1/19/21: State's motion for reconsideration of 1/11/21 order regarding trial continuance & severance & attachments. Affidavit of Michael T. Osterholm, Ph.D., MPH. 1/21/21: Order denying State's motion to reconsider 1/11/21 Order; discovery disclosure.
1/26/21: Order on Spreigl Motions: 1. All defendants’ motions to admit as Rule 404(b)/Spreigl evidence at trial evidence relating George Floyd’s May 6, 2019 arrest by the Minneapolis Police Department and his subsequent admission to HCMC as well as his 2007 Harris County, Texas conviction for aggravated robbery are DENIED. 2. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Chauvin the eight separate incidents as summarized above is GRANTED IN PART AND DENIED IN PART. The State may introduce evidence of the Aug. 22, 2015 incident, MPD CCN 2015-317385, (provided the State presents clear and convincing evidence that Chauvin was present when a medical professional made the remarks summarized in the State’s offer of proof) and of the June 25, 2017 incident, MPD CCN 2017-235836. The State’s motion to admit the other six incidents involving Chauvin as summarized above is DENIED. 3. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Thao the nine separate incidents as summarized above is DENIED. 4. The State’s motion to admit as Rule 404(b)/Spreigl evidence at trial in State v. Kueng evidence regarding the incident on December 23-24, 2019 as summarized above is DENIED.
1/28/21: State prosecutors are asking the Minnesota Court of Appeals to rejoin the cases against the 4 former LE. The appeal was filed on 1/28/21. 2/5/21: Prosecutors sought Thursday to add third-degree murder charges against 4 former Minneapolis police officers in the death of Floyd because of an appellate court ruling this week in the case of another ex-officer convicted in the 2017 death of an Australian woman. In the case of Chauvin, prosecutors want to reinstate the third-degree murder charge that was dismissed in October by Hennepin County District Judge Peter Cahill. In the cases of the three other officers, Kueng, Lane Thao, prosecutors want to add the charge to their complaints. Prosecutor Matthew Frank, acting on behalf of Attorney General Keith Ellison's office, cited a precedential state Court of Appeals ruling against Mohamed Noor, a former Minneapolis police officer, that was published Tuesday, 2/2/21.
2/8/21: Chauvin’s defense attorney filed a memorandum Monday opposing the prosecution’s motion to reinstate a third-degree murder charge.
2/8/21: In a court filing Monday, Assistant Minnesota Attorney General Matthew Frank named more than 360 people he is considering calling to the stand. On his list are former officers Kueng, Thao & Lane, who stand accused of aiding and abetting murder and manslaughter. The government’s witness list also includes Darnella Frazier, the young woman who recorded video of Floyd’s killing outside Cup Foods, and Philonise Floyd, George Floyd’s brother. Prosecutors also named Minneapolis Police Chief Medaria Arradondo, Fire Chief Bryan Tyner, and Hennepin County Medical Examiner Dr. Andrew Baker as potential witnesses.
2/11/21: Hennepin County District Judge Peter Cahill - Order & Memo opinion denying State's motion to reinstate or add 3rd degree murder charge. 2/12/21: State files Appellate Court Order re Judge’s denying to reinstate 3rd degree murder charge. 2/12/21: The Minnesota Court of Appeals on Friday dismissed prosecutors’ request to delay next month’s planned trial of Chauvin charged in the death Floyd over their safety concerns about trying the case during the Covid-19 pandemic. Also dismissed a request to hold a joint trial. The appellate court also declined to consider the state’s request to issue a “writ of prohibition,” in which it could order the lower court not to proceed. The appeals court said a writ of prohibition is an extreme remedy, and a district court has discretion in making decisions on whether to postpone trials or try multiple defendants separately.
2/22/21: Prosecutors are asking the Minnesota Court of Appeals to allow them to add third-degree murder charges against the four former Minneapolis police officers charged in George Floyd's death. The appeal brief, filed Monday, comes after Hennepin County District Judge Peter Cahill — who will preside over the trial of Chauvin & a later one for Lane, Thao & Kueng — denied prosecutors' motion to add third-degree murder charges against the defendants earlier this month.
3/2/21 Update: Court of Appeals still mulling over whether to reinstate the 3rd degree murder charge against Chauvin.
*Charged (7/22/20) with 6 counts of aiding & abetting taxes-false or fraudulent returns-filed with commissioner & 3 counts aiding & abetting taxes-failure to file return, report, document. Washington County, State of Minnesota
Court info from 7/22/20 thru 10/26/20 reference post #140 here:
https://www.websleuths.com/forums/threadjavascript:void(null);s/mn-george-floyd-46-unarmed-killed-in-police-custody-minneapolis-25-may-2020-arrests-3.536412/page-7
12/11/20 Update: Hearing held by remote technology. Next Omnibus hearing on 1/15/21. 1/15/21 Update: Next Omnibus hearing on 6/30/21.
*Divorce – Pretrial hearing on 3/26/21 & trial on 4/26/21.
 
Derek Chauvin trial jury selection process | kare11.com

March 3, 2021

MINNEAPOLIS — Jury selection in the Derek Chauvin trial is slightly different because of the COVID-19 pandemic.

The process is scheduled to begin Monday, March 8. Each day, eight potential jurors will go to the courthouse - four in the morning and four in the afternoon - and Judge Peter Cahill, prosecutors and the defense will question each person, one at a time.

The judge and attorneys will already have some information about each person from a questionnaire, answers reflecting their knowledge of the case, media habits and police contacts.
[.....]
Once 16 potential jurors have been questioned and passed through without a challenge, then they are seated as the jury for the murder trial - 12 jurors and four alternates.
[.....]
No matter how quickly jury selection goes, testimony for Chauvin's trial will not begin before March 29.

The identities of the jurors will stay secret throughout the trial, and remain so until a later date when Judge Cahill decides it is safe for them to be revealed.
 
Niner said:
And can't access this article - need to subscription - but here's what the Alert said:

Adding third-degree murder to Derek Chauvin case improves prosecution's odds, attorneys say
Minneapolis Star Tribune
Prosecutors trying Derek Chauvin on charges of second-degree murder and manslaughter will argue before the Court of Appeals next Monday, ...
Click to expand...

Snipped from article:

Prosecutors trying Derek Chauvin on charges of second-degree murder and manslaughter will argue before the Court of Appeals next Monday, outlining why they should be allowed to reinstate a count of third-degree murder against Chauvin based on a ruling the court issued earlier this month.

The late development, said some local attorneys, is a strategic move to give jurors more opportunities to convict Chauvin against the historic backdrop of public deference toward officers' legal right to use deadly force on the job, and the rarity of prosecutions against officers who kill civilians.
 
Here are a few notes from the link @sds71 posted above.

It will be the first high-profile criminal trial in a Minnesota state court to be broadcast live. A video and audio feed of the proceedings will be provided by Court TV, beginning with jury selection on March 8. The Star Tribune will offer a livestream each day on StarTribune.com. All staff coverage of the trial will be offered free of charge as a public service. Court TV will also carry the proceedings live.

Monday, March 8 - Jury selection is scheduled to begin. During jury selection, each day's session will begin at 8 a.m., with first hour reserved for motions. Jury selection begins at 9 a.m, and is expected to end by 5 p.m

Monday, March 29 - Opening statements begin. During the trial itself, sessions could continue until 7:30 p.m. if the jury is sequestered.

The trial will be held in a courtroom on the 18th floor of the Hennepin County Government Center at 300 S. 6th Street in downtown Minneapolis.

Because of the pandemic, attendance in the courtroom will be strictly limited. Only the following will be allowed inside:
  • Judge Cahill.
  • The jury. Cahill has approved up to 16 jurors, with up to four serving as alternates. The number will be determined during jury selection. The jury will not be visible in the video feed.
  • The defendant, Derek Chauvin.
  • Up to four members of the defense team. Eric J. Nelson is Chauvin's lead defense counsel.
  • Up to four members of the state's prosecution team. Matthew Frank of the Minnesota Attorney General's Office is the lead prosecutor.
  • A judge's clerk.
  • A court reporter who will transcribe the proceedings.
  • One observer for the state. This could be a member of Floyd's family or a victim witness advocate, who may assist the victim's family and help manage witnesses during testimony.
  • One observer for the defense, which could be a family member or supporter of Chauvin.
  • Two members of the news media: one reporter for print and one for television.
  • One audio/video technician.
The court has designated a media business center in the 625 Building, across the street from the Government Center, where up to 40 additional members of the local, national and international media will be able to watch the proceedings via video feed. Unlike the two reporters in the courtroom, those in the media center will be allowed to use their electronic devices to report news and post to social media. However, they will not be able to take photographs or record audio or video in the media center.
 
@PaulBlume_FOX9

BREAKING: MN AppealsCt rules Judge Peter Cahill made mistake in not reinstating murder-3 charge against Derek Chauvin. Says its ruling in prior Noor conviction is the law of the state right now. Sends argument back to Cahill for reconsideration
AppealsCT ruling did NOT immediately reinstate murder-3 charge against Chauvin. Judge Cahill will have some leeway to hear further arguments. Expect him to do that when this trial is scheduled to start Monday AM w/ motions, before then beginning jury selection.
 
Last edited:
Confused about murder-3 according to Minnesota law, I looked it up: I suppose this makes jury's decision somewhat easier.
https://www.hg.org/legal-articles/murder-charges-in-minnesota-43141
(if this was recently posted, apologies for duplication)

Third-Degree Murder
This murder is not based on having the intent to kill. Third-degree murder is often charged as a depraved heart or mind crime. This charge can arise when a person fires a gun in a crowd without intending to kill anyone, for example. Murder is charged when a person is killed and the defendant has an indifference to the sanctity of human life. This charge may also result if a person sells bad drugs. The maximum penalty for murder is up to 25 years in prison. If the death resulted because of a Schedule I or II drug sale, a fine of up to $40,000 may result.
 
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