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The Guardian

Derek Chauvin: ex-officer convicted in George Floyd’s homicide asks for brand new trial

Legal professional Eric Nelson alleges prosecutorial and jury misconduct and errors of regulation at trial and says the decision was opposite to regulation A memorial at what’s now George Floyd Sq. in Minneapolis. {Photograph}: Anadolu Company/Getty Photographs Derek Chauvin, the previous Minneapolis police officer convicted of murdering George Floyd, has requested a decide for a brand new trial, in keeping with a court docket doc filed Tuesday. Chauvin’s legal professional, Eric Nelson, stated his shopper had been disadvantaged of a good trial, including that there had been prosecutorial and jury misconduct and errors of regulation at trial and that the decision was opposite to regulation. Nelson cited many causes in his request for a brand new trial, together with allegations of prosecutorial and jury misconduct. Nelson additionally stated decide Peter Cahill, who presided over the trial, had abused his discretion when he denied an earlier request for a brand new trial primarily based on publicity in the course of the proceedings, which Nelson stated threatened the equity of the trial. Derek Chauvin, former Minneapolis police officer listens as the decision is learn in his trial. {Photograph}: AP Nelson additionally took difficulty with Cahill’s refusal to sequester the jury for the trial or admonish them to keep away from all media, and together with his refusal to permit a person who was with Floyd on the time of his arrest to testify. The transfer comes two weeks after Chauvin was discovered responsible of second- and third-degree homicide and manslaughter in Floyd’s killing. A 12-member jury swiftly and unanimously discovered Chauvin, 45, responsible on all three counts he confronted, following three weeks of testimony from 45 witnesses, together with bystanders, police officers and medical consultants. The uncommon verdict towards a police officer is taken into account a milestone within the fraught racial historical past of america and a rebuke of regulation enforcement’s therapy of Black People. Ben Crump, an legal professional for the Floyd household, referred to as the decision “a turning level in American historical past for accountability of regulation enforcement” on the time. In a confrontation captured on video, Chauvin, a white veteran of the police pressure, pushed his knee into the neck of Floyd, a 46-year-old Black man, for greater than 9 minutes on 25 Might 2020. Chauvin and three fellow officers have been making an attempt to arrest Floyd, accused of utilizing a faux $20 invoice to purchase cigarettes at a grocery retailer. Nelson additionally requested the decide for a listening to to question the decision on the grounds that the jury dedicated misconduct, felt race-based stress, felt intimidated or threatened, 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 reviews that one of many jurors participated in a 28 August march in Washington DC to honor Martin Luther King Jr. That juror, Brandon Mitchell, has defended his actions, 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 members of others who had been shot by police addressed the gang on the march final summer time. A request for a brand new trial is routine following a responsible verdict and infrequently mirrors points that can be raised on enchantment, stated Mike Brandt, a Minneapolis protection legal professional who has been carefully following the case. If this request is denied, it will possibly add one other layer of choices for Nelson to enchantment. Brandt and others have stated Chauvin’s convictions are unlikely to be overturned. Brandt stated Nelson will seemingly file extra detailed written arguments on these points. The aim of holding a listening to to question the decision can be to develop a factual report and current proof that might decide whether or not the decision was compromised. If a listening to is granted, it’s seemingly Mitchell can be referred to as in to reply questions, Brandt stated.

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