Potential jurors in the Derek Chauvin murder trial are expected to return to court on Tuesday after Trial Judge Peter Cahill paused the proceedings on Monday after a hearing on whether to consider an appeal to reinstate a third-degree murder charge.

The ex-cop is facing second-degree murder and second-degree manslaughter charges over the death of George Floyd last May.

Chauvin was initially charged with third-degree murder, but his defense team requested the charge dropped because of a lack of probable cause, according to KARE 11.

“The problem is that it’s still largely unsettled law,” BNC Legal Analyst Candace Kelley told Start Your Day’s Sharon Reed and Mike Hill on Tuesday.

According to Kelley, prosecutors may be giving jurors an option if the other two charges don’t hold.

“I think the prosecution just wants to make sure that everything is on the table so that we don’t end up with nothing, so we don’t end up with someone that just walks away,” she said.

In May of last year, Chauvin reportedly agreed to plea to a third-degree murder charge, which would have seen Chauvin in prison for ten years, as long as he wouldn’t be able to be sued for federal civil rights violations.

Former Attorney General William Barr rejected the plea, Kelley said.

George Floyd’s brother, Philonise Floyd, spoke to Reed on the BNC special George Floyd Death: Justice on Trial on Monday and said that Chauvin needs to be convicted for his brother’s death and that the footage of Chauvin’s knee on his brother’s neck is “all the proof that you need.”