The judge presiding over the murder trial of ex-cop Derek Chauvin in George Floyd’s death will not delay the proceedings or order that the trial be moved to another city.
Hennepin County District Judge Peter Cahill said the publicity surrounding the high-profile case will not go away if the trial is moved or delayed, he ruled Friday morning.
“Unfortunately, I think the pretrial publicity, in this case, will continue no matter how long we continue it,” Cahill said. “Perhaps some of it may, with time, be forgotten by people.”
“As far as change of venue, I do not think that that would give the defendant any kind of a fair trial beyond what we are doing here today,” he said. “I don’t think there’s any place in the state of Minnesota that has not been subjected to an extreme amount of publicity in this case.”
Cahill also said he will allow portions of bodycam footage from Floyd’s arrest on May 6, 2019, “only for the limited purpose as an example of Mr. Floyd’s bodily reactions.”
“What I am going to allow is a portion of the videotape of the one officer from the time he approaches the car until the time that Mr. Floyd exits the car,” the judge said.
“At that point he is handcuffed,” he said. “That’s all that would be admissible.”
Chauvin’s lawyers had argued that the earlier arrest shows that Floyd acted in a similar way to the fatal encounter with the police a year later.
However, the judge said the video is only admissible to show “bodily reaction, his physical symptoms in being comforted in almost the exact same situation.”
Finally, Cahill will not allow a prosecution psychiatrist to testify as to Floyd’s state of mind during the arrests — unless the defense opens the door during the trial.
Chauvin is charged with second- and third-degree murder and manslaughter in Floyd’s death during his arrest on May 25, 2020.
Cahill’s rulings come one day after a panel of 12 jurors was seated in the case, leaving only two alternates to be selected.
Defense attorney Eric Nelson (left) and defendant and former Minneapolis police officer Derek Chauvin introduce themselves to jurors at the Hennepin County Courthouse in Minneapolis, Minnesota. Court TV/Pool via APThe panel consists of three black men, two white men, four white women, one black woman, and two women who are multi-racial.
