Jury selection is scheduled to begin today in the Derek Chauvin trial, the first former officer charged with killing George Floyd. Lots of developments expected early. Follow this thread for details. 
Extraordinary outside. Right now people are really spread out surrounding the Hennepin County Government Center.
The Nation Guard at the closed street that runs under the courthouse.
A little primer for this motions hearing that will come first kare11.com/mobile/article…
Will Judge Cahill add 3rd degree murder? And will this decision lead to a delay? Those are the top questions at this motions hearing that is set to get underway any moment. If you want to watch, you can tune to @kare11
The hearing is underway. The prosecutor for the state, Matthew Frank, is discussing the Court of Appeals decision -- and he is saying that technically the appeal is "still pending" (because Eric Nelson hasn't taken any action yet.)
What Frank is saying right now is very similar to this take that I Tweeted on Friday. After tweeting this take, I heard from several attorneys who disagree, so take that for what it's worth:
https://twitter.com/LouRaguse/status/1367913190709993477?s=20
BREAKING: Chauvin's attorney Eric Nelson just said he is going to ask the state Supreme Court to review the Court Of Appeals decision concerning 3rd Degree Murder
Prosecutor Frank says, in light of Nelson's intention, he believes the case should be delayed as a matter of law.
Now Judge Cahill is giving his take.
Now Judge Cahill is giving his take.
Judge Cahill says the Court of Appeals is very narrow and other motions and jury selection SHOULD continue.
Prosecutor Frank doesn't want that to happen.
Prosecutor Frank doesn't want that to happen.
Frank's key concern, if the case is not delayed, is that they will have to pick jurors *not knowing* what the charges will be.
Judge Cahill previously suggested they go forward and "see where they are at" on March 29 which is when opening statements are slated.
Judge Cahill previously suggested they go forward and "see where they are at" on March 29 which is when opening statements are slated.
Judge Cahill is pointing out that in other trials, lesser-included charges (new charges) are often added at the end of testimony before deliberations.
Prosecutor Frank answers by saying "that is not the right way to try this case, because we want these charges now and fully present to the jury during the trial"
Judge Cahill hasn't ruled yet. He is getting the prosecutor's full argument for this issue on the record prior to making his decision. We still haven't heard from Nelson other than his intention that he's going to the Supreme Court on the one issue.
Prosecutor Frank now says if they move forward like this, it would create an appeal issue that doesn't need to exist. Frank suggests moving forward with mundane motions and so forth. But not jury selection.
Now Chauvin's attorney Eric Nelson is sharing his thoughts. He disagrees with Prosecutor Frank's take about what can be done while awaiting the Supreme Court issue. Nelson thinks Jury Selection can proceed. "Our intent is not to cause delay."
Nelson says he's going to file the petition to the state Supreme Court ASAP (later today or tomorrow.)
He says the Court could grant or deny very quickly, then they'll be right back in this courtroom.
He says the Court could grant or deny very quickly, then they'll be right back in this courtroom.
Prosecutor Matthew Frank formally asks Judge Cahill to stop the jury selection process.
Cahill speculates if the delay happens, it would put them at least 30 days out.
BREAKING: Judge Cahill rules jury selection can go forward despite the pending petition to the state Supreme Court.
Court is in recess and will be back with jury selection sometime around 9a here.
Lots to digest.. but what has happened is not surprising to me considering how much Judge Cahill has made it known he wants to get this trial underway.
Lots to digest.. but what has happened is not surprising to me considering how much Judge Cahill has made it known he wants to get this trial underway.
MN Supreme Court could very well choose not to take this issue (which narrowly concerns precedent) because it is going to tackle Third Degree Murder in earnest this June when they listen to the Mohamed Noor case.
When things resume, you can continue following this thread. If you want to watch for yourself live, KARE 11 will carry the next part live on TV and we will stream all day at this link as well as the KARE 11 Youtube page. kare11.com/article/news/l…
I'd like attorney followers to weigh in if you are willing. Judge Cahill laid groundwork that in other trials "lesser-included" charges are often added at the end of a case. Does that mean in this case, testimony could begin and Murder-3 added midstream or at end?
BREAKING: The state is trying to stop jury selection... The state is so concerned about proceeding today.. that they are seeking further direction from appellate courts.
They are going to file another appeal.
Jury selection is delayed at LEAST UNTIL TOMORROW.
They are going to file another appeal.
Jury selection is delayed at LEAST UNTIL TOMORROW.
Judge Cahill says they will be back at 10am with an update.
Prosecutor Matthew Frank said the chief reason is that they do not want to go down the path of getting a conviction that could potentially be overturned on a future appeal.
Judge Cahill agreed to give them time this morning to write up that appeal.
Judge Cahill agreed to give them time this morning to write up that appeal.
Happy to answer any questions readers may have about the court stuff. If I don't know the answer, I'll try to get it for you from someone smarter than I. #GeorgeFloyd
In case you haven't been watching the stream, Derek Chauvin is in the courtroom -- on the right in this screenshot.
I have here the motion written by the state asking the Court of Appeals to stop the trial until the State Supreme Court weighs in -- and returns jurisdiction to Judge Cahill.
Judge Cahill says they will be back at 1:30p (central) to see if the Appeals Court has responded -- and potentially move forward with motions in limine (jury selection still delayed at least until tomorrow)
More from the state's appeal just filed minutes ago:
The state is arguing that starting a criminal trial (jury selection) is the "quintessential example of an exercise of judicial power. The District Court’s exercise of power is unauthorized by law because the District Court currently lacks jurisdiction."
Here is something to throw into the mix as we wait for court to resume at 1:30 p.m. Late last week, after the Court of Appeals ruling, former MN Supreme Court Chief Justice Eric Magnuson wrote a column expressing surprise at their ruling, published at minnlawyer.com
Now, the current MN Supreme Court might view things differently than Magnuson's court did. I don't know. But makes you wonder what they will do with Nelson's appeal that he says is forthcoming concerning precedent and Third-Degree Murder.
Court was about to resume now as they were talking about getting someone on a zoom link with them. Court of Appeals? But then Judge Cahill asked lawyers to come to his chambers. False start.
We are back for real now, and they are going through motions now. No mention of court of appeals.
Nelson agreed to many of the state's motions in limine. Nothing too exciting. Sounds close to wrapping up today. FIrst talking about some potential jurors that can be excused even before voir dire.
16 of the first 50 jurors are already excused based on their questionnaire.
16 of the first 50 jurors are already excused based on their questionnaire.
It sounds like they will try to do 7 jurors in the morning and 7 at night in voir dire tomorrow (assuming it happens as scheduled)
"Unless the court of appeals tells me otherwise, I'm going to keep it moving," Judge Cahill said.
Back at 8am tomorrow.
"Unless the court of appeals tells me otherwise, I'm going to keep it moving," Judge Cahill said.
Back at 8am tomorrow.
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