Branca's summary of yesterday's court session with video is
HERE.
When jury selection resumes on Monday, state has 3 peremptory challenges left while defense has 5.
Went to check Minnesota law regarding alternate jurors and found this:
Quote:
Subd. 9.Alternate Jurors.
The court may impanel alternate jurors. An alternate juror who does not replace a principal juror must be discharged when the jury retires to consider its verdict. If a juror becomes unable to serve, an alternate juror must replace that juror. Alternate jurors replace jurors in the order the alternates were drawn. No additional peremptory challenges are allowed for alternate jurors. If a juror becomes unable or disqualified to perform a juror's duties after the jury has retired to consider its verdict, a mistrial must be declared unless the parties agree under Rule 26.01, subd. 1(4) that the jury consist of a lesser number than that selected for the trial.
LinkSo the judge apparently has to release the alternates when deliberations begin under Minnesota law. "Must" is a mandatory command under statutory construction.
As to sequestration: (same link.)
Quote:
Subd. 5.Jury Sequestration.
(1) Discretion of the court. From the time the jurors are sworn until they retire for deliberations, the court may permit them and any alternate jurors to separate during recesses and adjournments, or direct that they remain together continuously under the supervision of designated officers.
(2) On Motion. Any party may move for sequestration of the jury at the beginning of trial or at any time during trial. Sequestration must be ordered if the case is of such notoriety or the issues are of such a nature that, in the absence of sequestration, highly prejudicial matters are likely to come to the jurors' attention. Whenever sequestration is ordered, the court in advising the jury of the decision must not disclose which party requested sequestration.
(3) During Deliberations. Unless the court has ordered sequestration under paragraph (2), the court may allow the jurors to separate over night during deliberations.
(4) No Outside Contact. The supervising officers must not communicate with any juror concerning any subject connected with the trial, nor permit any other person to do so, and must return the jury to the courtroom as ordered by the court.
I'm sure Nelson is weighing whether to make such a motion, in light of everything that has happened.
In terms of using a peremptory to back strike an already seated juror under Minnesota law, I have not found any provision that addresses that question so IDK if it is allowed or not.