(KNSI) – Jury selection in the Derek Chauvin trial is on hold for at least a day.
Hennepin County Judge Peter Cahill ruled Monday morning that he wants to hear from the Minnesota Court of Appeals about whether to proceed with jury selection while a decision is pending on reinstating a third-degree murder charge against Chauvin. Chauvin is charged with second-degree murder and manslaughter in the death of George Floyd on May 25th.
The third-degree murder charge was dismissed in October after Cahill said it didn’t apply to this case. The Court of Appeals recently upheld the third-degree murder conviction against another former Minneapolis police officer accused of shooting an unarmed woman in July of 2017.
Lead prosecutor in the case, Minnesota Attorney General Keith Ellison, issued a statement Monday saying, “On Friday, March 5, the Court of Appeals ruled that the district court erred in not granting the State’s motion to reinstate the charge of third-degree murder against Derek Chauvin in the death of George Floyd. Until judgment is formally entered, however, the district court does not have jurisdiction over many substantive matters in the case, notably including jury selection. The district court continues to have jurisdiction to hear and rule on supplemental or ancillary matters, but not those involved in or central to the appeal.”
“The State is fully ready to go to trial, but the trial must be conducted in accordance with the rules and the law. Now that Mr. Chauvin has stated his intention to appeal Friday’s Court of Appeals ruling to the Minnesota Supreme Court, as is his right, the district court does not have jurisdiction to conduct jury selection or hear and rule on other substantive matters in the trial. We have filed motion with the Court of Appeals to ensure that justice is pursued properly.”
Cahill initially said he would move ahead with jury selection while that decision is pending. Prospective jurors were dismissed for the day but ordered to return Tuesday to continue with jury selection.
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