MINNEAPOLIS (AP) — The protection legal professional for the previous Minneapolis police officer convicted of killing George Floyd has requested a brand new trial, saying the courtroom abused its discretion on a number of factors and that the decision ought to be impeached due to jury misconduct, based on a courtroom doc filed Tuesday.
Derek Chauvin, who’s white, was convicted final month of second-degree unintentional homicide, third-degree homicide and second-degree manslaughter within the Could 25 demise of Floyd. Proof at trial confirmed Chauvin pressed his knee towards Floyd’s neck for 9 half minutes because the Black man stated he couldn’t breathe and went immobile.
Protection legal professional Eric Nelson cited many causes in his request for a brand new trial. He stated Decide Peter Cahill abused the discretion of the courtroom and violated Chauvin’s proper to due course of and a good trial when he denied Nelson’s request to maneuver the trial to a different county resulting from pretrial publicity.
He additionally stated Cahill abused his discretion when he denied an earlier request for a brand new trial based mostly on publicity through the proceedings, which Nelson stated threatened the equity of the trial.
Nelson additionally took subject with Cahill’s refusal to sequester the jury for the trial or admonish them to keep away from all media, and along with his refusal to permit a person who was with Floyd on the time of his arrest to testify.
Nelson requested the decide to question the decision on the grounds that the jury dedicated misconduct, felt pressured, and/or failed to stick to jury directions, although the submitting didn’t embrace particulars about that assertion. To question a verdict is to query its validity.
The transient didn’t point out current experiences that one of many jurors participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King, Jr.
saying the occasion was to commemorate the 1963 March on Washington and was not a protest over Floyd’s demise. Floyd’s brother and sister, Philonise and Bridgett Floyd, and family of others who had been shot by police addressed the group on the march final summer season.
Nelson didn’t instantly return a message in search of particulars on his allegation of juror misconduct.