DNY59/iStockBy BILL HUTCHINSON and WHITNEY LLOYD

(MINNEAPOLIS) — The murder trial of former Minneapolis police officer Derek Chauvin in the death of George Floyd kicked off Monday with prosecutors asking the judge to put jury selection on hold.

Before jury selection could begin on Monday, Chauvin’s defense attorney, Eric Nelson, told the court that he will file a petition for the Minnesota Supreme Court to review a Court of Appeals decision issued on Friday asking that trial Judge Peter Cahill consider reinstating a third-degree murder charge against Chauvin.

State prosecutor Matthew Frank requested that Cahill delay jury selection in light of the defense petition regarding the additional charge.

“We won’t know exactly what the charges are if we now go forward and start picking the jury,” Frank argued. “So this court would be making decisions about jurors for a trial about which we don’t know what the exact charges are going to be yet. And that jeopardy, once it attaches, that clearly cannot happen.”

When Cahill refused the request to delay the high-profile case, Frank told the court he would file a motion seeking further direction from the appellate court on whether Chauvin’s trial should proceed with jury selection while a decision on whether to allow the third-degree charge is pending in the state Supreme Court.

The Court of Appeals ruled that Cahill erred when he dropped the third-degree murder charge against Chauvin in October and asked him to reconsider his decision. Cahill, in response to the Court of Appeals ruling, stated that because Chauvin planned to asked the state Supreme Court to review the appellate decision, he does not have jurisdiction to even entertain arguments on whether he should reinstate the third-degree charge.

In light of the state’s intent to file a motion to delay the proceedings, Cahill put jury selection on hold until at least Tuesday to give Frank time to file his request for guidance from the appeals court.

Chauvin is already facing charges of second-degree murder and second-degree manslaughter.

“We are not trying to delay this case,” Frank said. “We want to try it right … we don’t want to create appeal issues,” Frank said.

Chauvin’s lawyer, Eric Nelson, said in court that he believes that jury selection can proceed while they wait for the Supreme Court to review the Court of Appeals ruling on third-degree murder.

“We are prepared to try this case. It is not our intent to delay this case,” Nelson said.

This is a developing story. Please check back for updates.

Copyright © 2021, ABC Audio. All rights reserved.