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The jury selection process in the trial of a former Minneapolis police officer charged with killing George Floyd will continue despite an active appeal to reinstate previous charges, the Associated Press reported.

Judge Peter Cahill said he will continue with the trial unless the appeals court rules that a third-degree murder charge can be reinstated against former officer Derek Chauvin, the AP reported. Prosecutors have asked the court to pause the trial as the charges are considered.

The Court of Appeals decision could potentially delay the trial for months.

“Unless the Court of Appeals tells me otherwise, we’re going to keep moving,” Cahill said, the AP reported.

Chauvin is charged with second-degree murder and manslaughter, according to the AP. Cahill previously dismissed a third-degree murder charge against Chauvin, though the Court of Appeals ordered him to reconsider the decision last week.

Prosecutors and defense attorneys dismissed sixteen of the first 50 potential jurors on Monday “for cause” based on responses to a questionnaire, the AP reported. The dismissals were not discussed in court.

Chauvin knelt on Floyd’s neck for nearly nine minutes as he lied face-down and handcuffed in a Minneapolis street, video shows. Nationwide demonstrations followed Floyd’s death, where some devolved into rioting and looting.

Chauvin and three other former officers who were at the scene were fired following the incident, the AP reported. The three officers are scheduled to be tried in August on charges of aiding and abetting.

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