Scott Johnson's summary of yesterday is HERE
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Does any prospective Hennepin County juror really have an open mind on Chauvin? We found one yesterday, but he won't be on the jury. The optimal defense juror is the deer hunter. He was juror number 116.
When juror number 116 identified within the first minute or so of his examination by Nelson as an avid fisherman he fishes competitively I guessed he would be good for Chauvin. He also identified in response to Schleicher's examination as a deer hunter.
He had heard about the settlement of the wrongful death lawsuit and was concerned about the safety of his family in the event he served on the jury, but his view of Chauvin was "neutral." Further, his view of Black Lives Matter was "somewhat unfavorable." Why? Because he "doesn't think that riots help." He didn't necessarily want to serve as a juror, but he felt that he could "absolutely" be fair and impartial. Schleicher spent a few minutes following up before using a peremptory challenge to strike him.
I start with juror number 116 stuck because he stuck out. Chauvin didn't have a crack at many like him over the past two weeks and it didn't take Schleicher long to figure that the State didn't want him. I hope they didn't pay the big bucks for that advice.
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We began the day with juror number 115. She was probably the true counterpart to the deer hunter. She is a nursing assistant who expressed no concerns for her physical safety. She was okay with the release of her name by the court at some point in the future when it is deemed safe. I take it that she does not contemplate a possible not guilty verdict and related consequences.
Her view of Chauvin is "somewhat negative." George Floyd should not have had to die. It "was not his time to go."
Did we need more? She participated in one of the protests within a week of Floyd's death. She made a sign to march with a friend in the protest. (I missed what the sign said.)
She strongly agrees that blacks are not treated equally in the criminal justice system. Where did she get the information to support her opinion? She took a "gendered woman studies class in college." Need I add that her opinion of Black Lives Matter is "very favorable."
As Roberto Duran put it, "No ms!" I don't think Judge Cahill would have granted a challenge for cause, but Nelson didn't try. He used a peremptory strike on her.
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Juror number 121 presented as another case study in the profile of a juror adverse to Chauvin despite professing to be fair and impartial. He has worked in a retail warehouse for three years. He wants to serve as juror in the case and he has strong opinions about it.
When he described himself early on as interested in philosophy and social issues, I thought Nelson would have to strike him. The alternative title of Nietzsche's Twilight of the Idols is How to Philosophize with a Hammer. This guy wanted to philosophize with a hammer on the jury.
He has watched the bystander video. He has watched the body cam video. He has a "very negative" opinion of Chauvin. He was of the view that Chauvin "used unnecessary and excessive force." He thought that Floyd's death resulted from it. And so on, and so on.
Yet he professed his ability to be neutral. In a sidebar out of our hearing, Nelson moved to strike him for cause. Judge Cahill denied the challenge for cause, but expressly found that the juror was evasive and lacking in credibility.
Nelson exercised another of his peremptory challenges to strike the juror and cited the Minnesota Court of Appeals 'McKinley case in support of his challenge for cause ("A district court does not err when it sustains a for-cause challenge of a jurorbecause the juror is untruthful, evasive, or lacking in candor during voir dire"). In response, Judge Cahill stated that he would revisit the question if Nelson ran out of peremptory challenges while we remain in search of the fifteenth juror the third alternate today.
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The court is calling in twelve prospective jurors in search of a third alternate who will be released next Monday if the other fourteen show up. When we find the third alternate today, we will take a break until the commencement of the trial proper with opening statements next Monday.
In the summary provided by the court after juror 118 was seated , here are the fourteen jurors the twelve regular and two alternates who will decide this case:
No. 2: white male; 20s
No. 9: multi/mixed-race woman; 20s
No. 19: white male; 30s
No. 27: black male; 30s
No. 44: white woman; 50s
No. 52: black male; 30s
No. 55: white woman; 50s
No. 79: black male; 40s
No. 85: multi/mixed-race woman; 40s
No. 89: white woman; 50s
No. 91: black woman; 60s
No. 92: white woman; 40s
No. 96: white woman; 50s
No. 118: white woman; 20s
