MINNEAPOLIS — The influence of extensive publicity again took center stage at the murder trial of fired Minneapolis police officer Derek Chauvin on Wednesday, with two seated jurors dismissed amid an announcement that the city has agreed to pay George Floyd's survivors $27 million.
The total number of jurors is down to seven after Hennepin County District Judge Peter Cahill removed two who said they had heard about a federal lawsuit settlement reached last week and admitted it affected their ability to assure Chauvin of his constitutional right to be presumed innocent during the course of the trial.
Before questioning, Cahill began the court session by warning journalists against reporting what is on notes and computers in the courtroom, along with the security details on the 18th floor. He called it "extremely irresponsible" and said there would be sanctions if these disclosures continued.
One of the dismissed jurors was a Hispanic man in his 20s who said news of the settlement "kind of confirms opinions that I already have. ... I think it will be hard to be impartial."
The second dismissed juror, a white man in his 30s, said he was shocked by the size of the settlement.
"It sent a message that the city of Minneapolis felt something was wrong," the man said. "It kind of swayed me, yes."
In dismissing him, Cahill said, "We're gonna exercise extreme caution here."
The remaining seated jurors were either not aware of the settlement or said it would not impact their opinions.
A female juror who remains on the panel told the judge, "I've been thinking about this question a lot. ... It wasn't surprising that the city made this settlement."
The judge asked her how she would respond to a fellow juror bringing up the settlement during deliberations, and she replied, "I would say that has nothing to do with what we're discussing at this time. ... It's not part of the case."
With seven more jurors yet to be chosen before the livestreamed trial starts in earnest, the panel consists of three people of color and four people who are white. More specifically: one multiracial woman in her 20s, two Black men in their 30s, two white women in their 50s, a white man in his 20s and a white man in their 30s.
Upon the settlement's announcement, defense attorney Eric Nelson put before Cahill several requests. The judge said he will consider two: delaying the trial so attorneys can have time to reassess their strategies in the context of the settlement; moving the trial to a different Minnesota city, where the influence of publicity about the case might not be as ever-present.
Cahill rejected sequestering the jury any sooner than during deliberations and granting the defense more strikes to use for dismissing would-be jurors.
The judge said Wednesday he would rule Friday on a continuance and the change of venue option.
News of the settlement played a role Tuesday in the court's ability to seat any additional jurors. Also, as has happened throughout the first six days of jury selection, some of the prospective jurors questioned Tuesday said that seeing the viral video of Floyd's detention under Chauvin's knee prevented them from pledging they can be fair and impartial to the defendant.
Also on Cahill's plate for a ruling this week is whether he should allow details from Floyd's May 2019 arrest in Minneapolis. Cahill previously denied letting in testimony about the arrest, but opened the door Tuesday after hearing the defense's arguments. The judge said he would rule Thursday on this legal issue.
In May 2019 and again on May 25, 2020, the day he died, Floyd swallowed drugs during his police encounters. In the earlier incident, captured on police body camera video, the drugs led to a "hypertensive emergency" and the 46-year-old Floyd's hospitalization.
According to the evidence from the earlier arrest, Nelson said, a paramedic warned Floyd that his blood pressure was extremely high, and if he didn't calm down, he was at risk of a heart attack or stroke. The cause of Floyd's death will be a core issue at trial.
Race relations have come up consistently throughout jury selection. Chauvin is white, and Floyd was Black. Many potential jurors have been questioned about how police and the justice system treat Blacks vs. whites in this country. They've also been asked their opinions about the Black Lives Matter movement and the term Blue Lives Matter, which is a way to express support for law enforcement.
Heading into Wednesday, the defense has used 11 of 15 strikes, which attorneys can employ to dismiss prospective jurors without explanation. Prosecutors have used five of their nine peremptory strikes.
Chauvin stands charged with second-degree murder, third-degree murder and manslaughter.
Three other fired officers who assisted in Floyd's 2020 arrest — J. Alexander Kueng, Thomas Lane and Tou Thao — are scheduled to be tried in August on charges of aiding and abetting murder and manslaughter.
