Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Former Minneapolis police Officer Derek Chauvin is taken into custody as his attorney, Eric Nelson, left, looks on AP/PA Images

Derek Chauvin’s lawyer seeks new trial and impeachment of verdict over jury misconduct claims

Derek Chauvin was convicted last month of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

THE DEFENCE ATTORNEY for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, according to a court document filed on Tuesday.

Derek Chauvin was convicted last month of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 25, 2020 death of Floyd.

Evidence at trial showed Chauvin pressed his knee against Floyd’s neck for 9 1/2 minutes as the black man said he could not breathe and went motionless.

Defence attorney Eric Nelson cited many reasons in his request for a new trial. He said Judge Peter Cahill abused the discretion of the court and violated Chauvin’s right to due process and a fair trial when he denied Mr Nelson’s request to move the trial to another county due to pretrial publicity.

He also said Mr Cahill abused his discretion when he denied an earlier request for a new trial based on publicity during the proceedings, which Mr Nelson said threatened the fairness of the trial.

embedded259359409 Damarra Atkins pays respect to George Floyd at a mural at George Floyd Square in Minneapolis

Mr Nelson also took issue with Mr Cahill’s refusal to sequester the jury for the trial or admonish them to avoid all media, and with his refusal to allow a man who was with Floyd at the time of his arrest to testify.

Mr Nelson asked the judge to impeach the verdict on the grounds that the jury committed misconduct, felt pressured, and/or failed to adhere to jury instructions, though the filing did not include details about that assertion. To impeach a verdict is to question its validity.

The brief did not mention recent reports that one of the jurors participated in an August 28 march in Washington, DC, to honour Martin Luther King Jr.

That juror, Brandon Mitchell, has defended his actions, saying the event was to commemorate the 1963 March on Washington and was not a protest over Floyd’s death.

Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who had been shot by police addressed the crowd at the march last summer.

Mr Nelson did not immediately return a message seeking details on his allegation of juror misconduct.

Close
24 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Submit a report
    Please help us understand how this comment violates our community guidelines.
    Thank you for the feedback
    Your feedback has been sent to our team for review.

    Leave a commentcancel

     
    JournalTv
    News in 60 seconds