The case became a touchstone for racial justice protests in the US
Credit: AFP
The first potential juror in the high-profile trial of a former police officer accused of killing George Floyd was excused on Tuesday after she described the 46-year-old’s death as "unjust".
The unnamed juror said she watched footage of Derek Chauvin, a white officer, kneeling on Mr Floyd’s neck for more than eight minutes during his arrest and could not understand why he did not release Mr Floyd when he began gasping for breath.
The woman, a mother of three who is originally from Mexico, told the Minneapolis court: "That’s not fair because we are humans, you know?"
Mr Chauvin’s lawyer, Eric Nelson, noted that the woman had said she wanted to be on the jury "to give my opinion of the unjust death of George Floyd" in a questionnaire for potential jurors.
The woman said she would be willing to change her mind based on the evidence presented at trial, but Mr Nelson requested the woman to be dismissed from the panel.
The prosecution and defence are able to dismiss up to 15 jurors each during the selection process.
The incident illustrates the challenges facing lawyers in the case, which has become a touchstone for a national reckoning on systemic racism and brutality in US policing.
Bystander footage of Mr Floyd’s last moments, in which he gasped for breath and said "I can’t breathe" while being pinned to the ground (below), has been viewed by millions across the globe.
Mr Chauvin stopped working for the Minneapolis Police force shortly after Mr Floyd’s death last May. He is standing trial on charges of second-degree unintentional murder and manslaughter. He may also face a third charge of third-degree murder.
The second-degree murder charge requires prosecutors to prove that Mr Chauvin’s conduct was a "substantial causal factor" in Mr Floyd’s death, and that the former officer was committing felony assault at the time.
The third-degree murder charge would requires a lower bar — proving that Mr Chauvin caused his death through a dangerous act without regard for human life — and would improve the prosecution’s odds of securing conviction.
Manslaughter requires proof that Mr Chauvin caused Mr Floyd’s death through negligence and consciously took the chance of causing severe injury or death.
An ongoing appeal to the Minnesota Supreme Court will determine whether the third-degree murder charge is included.
The proceedings are facing significant public scrutiny, with hundreds of protesters gathering outside the courthouse in Minneapolis where the trial is being held.
Prospective jurors were required to fill out an unusually detailed 16-page questionnaire to declare how much they know about Mr Floyd’s death and their views on the Black Lives Matter movement.
The first juror to be seated was a chemist who told the court he "somewhat disagreed" with the assertion that Minneapolis police generally use disproportionate force against Black people.
The unnamed man said he supported the Black Lives Matter movement, saying he understood it to mean that "all lives matter equally."
Judge Peter Cahill has ruled that jurors can hear from a firefighter who urged Mr Chauvin and the officers present to check Mr Floyd’s pulse.
Testimony about what training Mr Chauvin received will be allowed. The three other former officers involved in the incident face trial in August on aiding and abetting charges.
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