Derek Chauvin’s mugshot. Photo courtesy of the Hennepin County Sheriff’s Office

The jury is seated. America will be witnessing history on March 29, as the murder trial of former police officer Derek Chauvin begins with the first opening arguments. This case contains a tremendous dichotomy of cut-and-dried visual representation and a sea of underlying factors to be disputed in the courtroom.

A panel of 14 jurors will pass judgement on the trial. As of right now, 15 jurors have been selected, but the most recent selection will be dismissed at the beginning of the trial on Monday if no other jurors step down. There have been multiple controversial decisions made in the jury selection process, including the denial of a black man.

At the forefront of this case is the unsettling video of George Floyd’s death as his neck was knelt upon by Chauvin. The release of this video prompted protests in all 50 states and catapulted the momentum of the social justice movement. This video will undoubtedly be a driving force of the trial, and there are multiple things worth noting.

In the video, Floyd notoriously utters “I can’t breathe,” a phrase that has been a predominant part of the Black Lives Matter movement for years. Jonathan Holets, a Duluth prosecutor and UMD political science instructor, objectively applied his expertise to this case.

“The phrase ‘I can't breathe’ is a rally cry now of cultural significance since the killing of Eric Garner,” Holets said. “If I were prosecuting this case, my case would revolve around that cry.”

However, Floyd’s first usage of the phrase could have implications on the trial for both sides. In the video, Floyd is heard stating that he can’t breathe while standing upright prior to Chauvin restraining him.

“I suspect that the defense will use this to show that the defendant was not impeding his ability to breathe — if you can talk, you can breathe,” Holets said. “I suspect that the prosecution will use this to show the defendant’s knowledge of his actions and their impact on the victim.”

This leads to the topic of Floyd’s cause of death. Two autopsies were conducted — first by the Hennepin County Medical Examiner’s Office and then by an independent examiner hired by Floyd’s family.

The first autopsy by the Hennepin County Medical Examiner’s Office deduced that Floyd died of heart failure, but they eventually ruled that police restraint was a contributing cause. The autopsy retrieved by the Floyd family concluded that Floyd died from asphyxiation due to sustained pressure. These autopsies present information that will be used by both the prosecution and the defense.

In the eyes of the prosecution, both autopsies present information that could support Chauvin’s various charges. The disparity between these two autopsies could be a heavily used talking point as the defense configures a blanket of uncertainty surrounding Floyd’s death. Other factors that will undoubtedly be taken into account when discussing Floyd’s cause of death is the fact that he had drugs in his system, and that he was currently positive for COVID-19.

Another aspect of this case that is important to note are the charges. Chauvin has been charged with second-degree murder without intent, third degree murder and second-degree manslaughter. The third-degree murder charge was originally dropped and upgraded to second-degree murder without intent, but Judge Peter Cahill reinstated the third-degree charge. This is important because it is significantly easier for a prosecution to achieve conviction on a third-degree murder charge than it is on a second-degree charge.

“The amended charge — second degree murder without intent while committing a felony — is the same severity as the original third-degree charge (both level 10 felonies),” Holets said. “However, the second degree has a higher statutory maximum [sentence] (25 versus 40 years).”

In a case with many moving pieces, the one certainty is that it will be viewed under a metaphoric microscope across the entire country.

“The most complicating factor of this case are all of the pressures from outside the courtroom,” Holets said. “If the state can prove causation, the rest of the facts aren't very complicated, given all of the video. I'm not saying it's an easy case for an attorney — far from it. But homicides occurring on video are not very common.”

The trial is likely to last a minimum of four weeks.

Overview of the upcoming historic trial of Derek Chauvin