Chauvin juror wore BLM shirt with George Floyd references last summer. Now legal experts say it is 'undeniably suggestive of a possible bias.'



New questions have surfaced about the impartiality of a juror who was empaneled for former police Officer Derek Chauvin's trial last month after a picture sparked speculation that he may not have been as unbiased as he told the judge.

What are the details?

During jury selection, Brandon Mitchell — a 31-year-old high school basketball coach who was known as Juror #52 before speaking publicly last week — told Judge Peter Cahill that he only heard "basic info" about the high-profile case, and was certainly not aware of any information that would hinder his ability to serve as an impartial juror.

Juror #52 wrote in his jury questionnaire that he wondered why other police officers at the scene did not intervene… https://t.co/rNUsf1P37H

— Paul Blume (@PaulBlume_FOX9) 1615821850.0

However, Mitchell was pictured last August wearing a T-shirt that included references to George Floyd's death and Black Lives Matter.

The picture shows Mitchell wearing a shirt with Dr. Martin Luther King Jr.'s picture surrounded by the words "GET YOUR KNEE OFF OUR NECKS" and "BLM." He is also seen wearing a Black Lives Matter baseball cap.

Image source: Facebook screenshot

Mitchell told the Minneapolis Star Tribune he does not remember wearing the shirt but explained the photo was taken during a trip to Washington, D.C., last August when he attended an event commemorating the anniversary of King's famous "I Have A Dream" speech.

"I'd never been to D.C.," Mitchell said. "The opportunity to go to D.C., the opportunity to be around thousands and thousands of Black people; I just thought it was a good opportunity to be a part of something."

"It was directly related to MLK's March on Washington from the '60s … The date of the March on Washington is the date … It was literally called the anniversary of the March on Washington," Mitchell explained.

More from the Star Tribune:

Media accounts of the event show it had several components, including: advocating for racial justice, increasing voter registration, pushing for a new version of the Voting Rights Act of 1965 and urging participation in the 2020 census. The event also focused on police use-of-force. Floyd's brother and sister, Philonise and Bridgett Floyd, and family members of others who have been shot by police addressed the crowd. It served as a rallying point for the George Floyd Justice in Policing Act, a federal police reform bill.

What does this mean for the Chauvin trial?

Despite Mitchell dismissing the Washington event as "a national thing," legal experts agree the picture is problematic.

Jury consultant Alan Tuerkheimer told the Washington Post that Chauvin's attorney will no doubt use Mitchell to argue for an appeal. But the real question will be whether Mitchell provided false answers during jury selection, Tuerkheimer said.

As the Star-Tribune noted, Mitchell answered "no" to questions on the juror questionnaire that inquired whether he participated in demonstrations "against police brutality" in Minneapolis or whether he or anyone close to him "participated in protests about police use of force or police brutality."

"That could change the outcome of things; if there is anything that makes him seem that he was not forthcoming, it could be an avenue for the judge to reconsider the case," Tuerkheimer said.

Civil rights attorney Brian Dunn agreed the real concern is whether Mitchell "lied about, or failed to provide complete answers on whether he has engaged in public activism, or whether he has any affiliations with BLM that go beyond the mere wearing of the shirt."

"If it is determined that the juror did not provide full disclosure to the defense, the question then becomes whether this lack of candor violated Mr. Chauvin's right to a fair trial," Dunn told the Post, adding the photo is "undeniably suggestive of a possible bias in this juror."

"If [Mitchell] specifically was asked, 'Have you ever participated in a Black Lives Matter demonstration,' and he answered, 'No,' to that, I think that would be an important appealable issue," Joseph Daly, emeritus professor at Mitchell Hamline School of Law, similarly told the Star Tribune.

Derek Chauvin trial Juror 52 speaks out about proceedings, deliberating a guilty verdict www.youtube.com

Chauvin juror breaks silence, says he wants to 'help push for change': 'I just related to it too much'



One of the 12 jurors who convicted former Minneapolis police officer Derek Chauvin of murdering George Floyd broke his silence this week, expressing his desire to "help push for change."

What did the juror say?

Brandon Mitchell, a 31-year-old high school basketball coach, told the Wall Street Journal he did not want to remain anonymous because "staying anonymous wouldn't help push for change."

In fact, Mitchell said he wants to change the narrative surrounding police interactions.

From the Journal:

Mr. Mitchell said he was pulled over for no reason by Minneapolis police dozens of times in his early 20s, usually driving his mother's aging Chrysler Sebring. He said he has always told his players to follow the checklist his mother gave him during these encounters. Take your hat off; announce what you're doing; be polite; do what you're told.

But serving on the jury has made him see how wrong it is that a person should be so afraid that a police officer could do them harm that they needed to change their behavior.

"That's also part of the reason why I'm speaking up now because that is a narrative that is horrible," Mitchell said. "So somebody follows directions or not, they don't deserve to die. That's completely ridiculous."

Mitchell also revealed he related to Floyd.

"I just related to it too much," he said. "Being big, you know, former athlete and all these things—it just, it really just hit home… It just felt like something that easily could have been me or anybody else that I know."

What about deliberations?

Interestingly, Mitchell revealed there was a single holdout during jury deliberations. However, the holdout eventually came around on each of the criminal charges after the other jurors explained why they believed Chauvin was guilty.

Still, Mitchell told the Journal the impact of their decision was not one he took lightly, expressing compassion for Chauvin. Mitchell said he "almost broke down" when he saw Chauvin being taken into police custody.

"He's a human too," Mitchell said. "We decided his life. That's tough. That's tough to deal with. Even though it's the right decision, it's still tough."

Chauvin will be sentenced on June 25. He faces a maximum of 40 years in prison, according to CNN.