Former Minneapolis police officer Derek Chauvin was convicted last month of murdering George Floyd. Yet some have begun to question the impartiality of Brandon Mitchell, a juror on the Chauvin trial, after a photo emerged of him attending a commemoration of Martin Luther King Jr.’s “I Have a Dream” speech in Washington, D.C., last August.
During jury selection, potential jurors were asked about their opinions on the Black Lives Matter movement and whether they had attended protests against police brutality. Mitchell allegedly said "no" to attending such protests, but some question whether he was untruthful.
Former Suffolk County Sheriff Andrea Cabral joined Boston Public Radio on Thursday to share her legal analysis about whether this could be grounds for an appeal in the Chauvin case.
"He is saying it wasn't a Black Lives Matter protest but that it was a march to commemorate the MLK anniversary," she said. "Certainly maybe BLM is part of that, but he doesn't control the itinerary or agenda of an event he attends."
Mitchell has been clear about attending the MLK commemoration, Cabral noted.
"But the issue is not whether he attended these things or not, but whether when he was asked about them if he lied about them," she said. "I don't think he was untruthful, and I think he was pretty clear when they asked him about his support for Black Lives Matter as part of the [jury selection.]"
It's rare for an appeal to be made based on what a juror has done prior to being called as a juror, Cabral added. Normally concerns are raised based on what happens inside the deliberations, she said, like if a juror makes prejudicial comments that are then reported by other jurors, she noted.
"But because what people do outside jury service is public because pictures are taken and wind up on social media, it is becoming more frequent," Cabral said.
"This situation strikes me as a bit of tempest in a teapot, but we'll see if anything else comes to light over time," she added.
Andrea Cabral is a weekly Boston Public Radio contributor. She's the former Suffolk County sheriff and Massachusetts secretary of public safety, and she's currently CEO of the cannabis company Ascend.
