Chauvin trial: Minnesota Supreme Court rejects appeal over 3rd-degree murder charge reinstatement
Jury selection in Derek Chauvin's murder trial over the death of George Floyd began Tuesday
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Minnesota’s Supreme Court denied an appeal from ex-Minneapolis police officer Derek Chauvin Wednesday, resurrecting the possibility that he could face an additional murder charge in the death of George Floyd.
The order comes days after a state appeals court had told District Judge Peter Cahill to reconsider his rejection of prosecutors’ motion to reinstate a third-degree murder charge against Chauvin. The appellate panel told Cahill he had broken precedent.
Chauvin was appealing that court’s decision, asking the Supreme Court to block the charge’s potential reinstatement.
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DEREK CHAUVIN MAY FACE THIRD-DEGREE MURDER CHARGE ON TOP OF OTHERS AFTER COURT RULING
The same appeals court set that precedent last month in the case against Mohamed Noor, another former officer, convicted of fatally shooting an unarmed Australian woman in 2017. Justine Ruszczyk Damond, 40, was a dual citizen of the U.S. and Australia and called 911 to report a possible rape near her home shortly before Noor mistakenly shot her in a nearby alley while responding to the call.
Chauvin, who is White, also faces charges of second-degree murder and manslaughter in connection with the May 25 incident. Chauvin was recorded on video pressing his knee to the neck of Floyd, a Black man, for nearly nine minutes.
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Now, after the state Supreme Court’s decision, Cahill could reinstate a third-degree murder charge.
Jury selection for Chauvin’s trial began Tuesday, a day late, and was already moving slowly.
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Three other ex-officers involved in the Floyd incident are also awaiting trial -- separately from Chauvin -- after Cahill ruled in January that the courtroom would be too crowded amid the coronavirus pandemic. Thomas Lane, J. Alexander Kueng and Tou Thao face charges of aiding and abetting and manslaughter.
They were all fired following Floyd’s death.
By the end of the day Wednesday, jury selection had seated five jurors. The court will need 14 altogether -- 12 for deliberations and two alternates.
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The court will reconvete at 8 a.m. CT on Thursday, when Cahill will address the third-degree murder charge issue before resuming the selection process.
Fox News' Melissa Chrise contributed to this report.