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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.
Former Minneapolis police officer Derek Chauvin is charged with murder in the death of George Floyd. Chauvin posted bail on Wednesday and was released from prison, according to court documents. A judge ruled Friday that he can leave the state over unidentified safety concerns while he awaits trial. (Hennepin County Sheriff's Office via AP)
Chauvin was appealing that court’s decision, asking the Supreme Court to block the charge’s potential reinstatement.
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.
Derek Chauvin, the former Minneapolis police officer facing murder charges in the death of George Floyd, sits beside his defense attorney Eric Nelson on the first day of jury selection in his trial in Minneapolis, Minnesota, U.S., March 8, 2021 in this courtroom sketch from a video feed of the proceedings. REUTERS/Jane Rosenberg (REUTERS/Jane Rosenberg)
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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.
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.
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.
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