Commotion: Chauvin Trial Juror's Impartiality
The Claim
A juror in the Derek Chauvin trial was not impartial.
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Emerging story
On May 2nd, alt-right activist Jack Posobiec tweeted a picture of a juror from the Derek Chauvin trial. The picture and information were first reported by the International Business Times but Posobiec created a fervor on social media over the image. The trial, which resulted in the verdict that Chauvin is guilty of murdering George Floyd, had been highly publicized. In the image, the juror, Brandon Mitchell, is seen wearing a Black Lives Matter hat and a t-shirt with Martin Luther King’s image and the words, “Get your knee off our necks BLM.”
The picture, taken last August, is controversial because the message on Mitchell’s shirt implies he was not impartial. Jurors are selected after a rigorous testing of impartiality and this raised numerous questions about how Mitchell had originally presented his political views.
Misbar’s Analysis
Misbar's investigation found that only circumstantial evidence raises questions regarding Mitchell's impartiality. Mitchell spoke to the Wall Street Journal and several other media sources about the trial and was the first juror to do so. In one interview he is paraphrased as saying when he received his jury summons he “felt the weight of the moment and wanted to serve.” The spotlight created by such a high profile case caused journalists to dig into Mitchell’s history and the photo was uncovered.
ABC News reports that Mitchell openly admits to being at the rally in DC that day but says he cannot remember either owning or even wearing the shirt in question (he did not acknowledge the hat), but did verify that the photo is real and his uncle published to social media. Axios notes that the reason the photo is so troubling is prior to juror selection Mitchell stated he had not attended any demonstrations or protests pertaining to police brutality or use of force.
Mitchell states the march he attended was not a march for George Floyd. The NAACP site discussing the march does not mention George Floyd or police brutality or use of force in any way. Relatives of George Floyd did speak at the march and public organization website Brightest.io does have a notice of the march posted by their Black Lives Matter account, including the note that “this march has been publicly endorsed by the family of George Floyd.”
While Mitchell’s motivation for being at the march cannot be proven or disproven, he does claim that he was honest when questioned during later jury selection. Mitchell says he directly reported to Chauvin’s lawyer, Eric Nelson, that he sees the Black Lives Matters movement favorably, he had seen footage of the incident, and had spoken about it with family and friends. He claims he made no secret of how he feels but that he also does not condemn police officers and felt he could be impartial. Nelson did not dismiss Mitchell after speaking with him.
If Nelson chooses to appeal the ruling Mitchell’s original questionnaire and courtroom answers will receive heavy scrutiny. Selecting impartial jurors remains necessary for a fair trial. This step is completed during a process called “voir dire” and lawyers are allowed to disqualify jurors for prejudices or biases. The Black Lives Matters movement has existed for some time prior to this particular trial, and it stands for a wide range of issues regarding African American activism. While it is widely acknowledged that George Floyd’s death was a cause for Black Lives Matter movement, a t-shirt may not provide enough evidence to appeal a guilty sentence.
