Attorneys at the trial of a former Minneapolis police officer charged in George Floyds death moved closer to seating a jury Thursday, choosing a 10th juror just hours after clashing over how much the panel should hear of Floyds own actions.
The latest juror, a white woman in her 50s, is a registered nurse. She was added after reassuring lawyers and the judge that she could refrain from using her own medical knowledge to add to evidence presented in court at Derek Chauvins trial.
Earlier, prosecutor Jerry Blackwell argued that a forensic psychiatrist should be allowed to testify how Floyds behavior as officers attempted to put him into the squad car was consistent with any reasonable persons anxiety or panic during a traumatic event. Officers who confronted Floyd after he allegedly tried to pass a counterfeit $20 bill at a convenience store pointed a gun at him, and he struggled and told them he had claustrophobia as they tried to force him into the car.
Prosecutors want to show that Floyd might have been unable to comply with the officers orders, and wasnt actually resisting arrest something Blackwell said he was certain that Chauvins attorney Eric Nelson intended to do.
The defense is doing a full-on trial of George Floyd, who is not on trial, but that is what theyre doing, said Blackwell, adding that the defense also planned to make arguments about Floyds drug use.
Nelson said that if the prosecution gets to present that evidence to the jury, the defense should be able to tell the jury about Floyds drug arrest a year earlier, when he did not resist getting put into a squad car.
Nelson also has said there are striking similarities between the two encounters that could show a pattern of behavior: Both times, as officers drew their guns and struggled with Floyd, he called out for his mother, claimed he had been shot before and cried, and put what appeared to be pills in his mouth. Drugs were found during the first arrest, and an autopsy showed Floyd had drugs in his system when he died.
Hennepin County Judge Peter Cahill said hell rule on Vinsons testimony on Friday, when he plans to issue a broader ruling on the admissibility of Floyds 2019 arrest and on defense motions for delaying or moving the trial.
Progress in jury selection comes after the judge on Wednesday dismissed two of seven jurors who were seated before news broke last week that the city had reached a settlement with Floyds family for $27 million in a civil case. Cahill re-questioned them to see if the massive settlement affected their ability to be fair and impartial.
City leaders have taken sharp criticism for the timing of the settlement. City Attorney Jim Rowader said Thursday that the city agreed to it because there was no guarantee the offer would still be available later.
In general, there is no good timing to settle any case, particularly one as complex and involved and sensitive as this, City Attorney Jim Rowader said, according to the Minneapolis Star Tribune.
Of the 10 seated jurors, five are men and five are women. According to the court, five are white, two are multiracial and three are Black, and their ages range from 20s to 50s.
Fourteen jurors, including two alternates, are needed.
The juror selected on Thursday underwent extensive questioning from attorneys and from Cahill about her experience as a nurse, whether she has ever resuscitated anyone and how she would view medical evidence in the case.
The woman said she would draw upon her knowledge to evaluate medical testimony and recognizes the amount of time a person can be without air before going unconscious. At one point, Cahill told her: You cant be an expert witness in the jury room.
She said she could refrain from relying on her own knowledge.
Potential jurors excused Thurday included a woman who said shed been constantly exposed to news of Floyds death and that the citys settlement pushed her to favor the states position, and a man who had a deep mistrust of police and couldnt set aside his opinions or weigh police testimony as credible.
Another potential juror was dismissed because she is acquainted with someone who will be a central witness in the states case. And prosecutors used a peremptory strike to dismiss a woman who said she respects police officers, was bothered by prior allegations against Floyd and believes the media exaggerates discrimination.
Cahill has set March 29 for opening statements if the jury is complete by then.
Full Coverage: Death of George Floyd
Chauvin is charged with murder and manslaughter in the May 25 death of Floyd, a Black man who was declared dead after Chauvin, who is white, pressed his knee against his neck for about nine minutes. Floyds death, captured on bystander video, set off weeks of sometimes-violent protests across the country and led to a national reckoning on racial justice.
Three other former officers face an August trial in Floyds death on charges of aiding and abetting second-degree murder and manslaughter.
(AP)