Two jurors were dismissed from the trial of Derek Chauvin after Minneapolis announced a $27m (£20m) settlement with the family of George Floyd.
Hennepin County Judge Peter Cahill on Wednesday recalled the seven seated jurors after defence attorney Eric Nelson said the civil settlement announcement, by Mayor Jacob Frey and the city council in the middle of jury selection, was "incredibly prejudicial".
Judge Cahill asked jurors if "extensive media coverage about developments in a civil suit" affected their ability to serve impartially.
One was dismissed for saying he was shocked by the size of the settlement and wasn't sure if he could set the news aside. Another was dismissed for saying the settlement confirmed his opinions and that it would be hard to remain impartial.
Judge Cahill retained five of the remaining jurors and said he would rule Friday on the defence's motion to further delay the 29 May start date of the trial or move it to another city in Minnesota, where media coverage might not be so influential in the case.
The jury would not, however, be sequestered any sooner than deliberations or give the defence more strikes in jury selection as a result of the settlement, Judge Cahill said.
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The court is also expected to rule on Thursday whether the defence can include details from Mr Floyd's 2019 arrest. While previously rejected, Judge Cahill said he would consider new arguments that made the arrest admissible. Drugs were found as part of Mr Floyd’s 2019 arrest and 2020 arrest, while both encounters had similar details.
On both occasions, police drew weapons and struggled to get Mr Floyd out of the car while he called out for his mother, cried, and appeared to put drugs into his mouth. Fentanyl and methamphetamine were found in Mr Floyd’s system, with the cause of his death to be a key issue in determining criminal liability
“The similarities are incredible. The exact same behaviour in two incidents, almost one year apart,” Mr Nelson said.
Prosecutor Matthew Frank argued the 2019 arrest was prejudicial and said it was an attempt by the defence to smear Mr Floyd’s character.
“What these officers were dealing with is what they were responsible for,” Mr Frank said. “What is relevant to this case is what they knew at the scene at this time.”
Mr Chauvin faces charges of second-degree murder, third-degree murder and manslaughter.
The Minneapolis City Council held a press conference on Friday with members of Mr Floyd's family and their attorney Ben Crump to announce the $27m civil settlement, in timing that Mr Nelson said goes "straight to the heart of the dangers of pretrial publicity".
Judge Cahill this week pushed back on reports that the court had given city officials the green light to announce the settlement in the middle of jury selection, saying the court has no authority to approve what the council could do.
“The bottom line is this is a federal lawsuit. This court was not involved,” he said n court on Tuesday. “I think the city is trying to dump their responsibility back in the court where it does not belong,” he added.
Additional reporting by the Associated Press.
