Holly Bailey14:14, May 05 2021
The lawyer for Derek Chauvin, the former Minneapolis police officer convicted of murder in the death of George Floyd, filed a motion for a new trial on Tuesday (NZT Wednesday), alleging that misconduct by the judge, prosecutors and jurors compromised his client s right to a fair trial. In his motion, Eric Nelson accused Hennepin County District Court Judge Peter Cahill of “abuse of discretion” when he denied a defence request to move the trial out of Minneapolis and later refused to sequester the jury, arguing the intense media coverage of Floyd s death both before and during the proceedings undermined “the fairness of the trial”.
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Minnesota AG Keith Ellison has requested a harsh sentence for former cop Derek Chauvin. Image: Twitter/@NYPOST
Minnesota Attorney General Keith Ellison requested former police officer Derek Chauvin receive a severe sentence for killing George Floyd.
The legal brief, signed by Ellison and Assistant Attorney General Matthew Frank April 30 and filed in the Hennepin County District Court states “the facts proven beyond a reasonable doubt at trial demonstrate that five aggravating factors support an upward sentencing departure.”
Ellison also commented on the way Chauvin took Floyd’s life by keeping his knee on Floyd’s neck for almost nine minutes.
Derek Chauvin s lawyer files motion asking for NEW trial citing jury misconduct a day after it emerged juror lied about being at BLM protest
Attorney Eric Nelson has filed a motion for a new trial alleging jury misconduct just two weeks after Derek Chauvin was found guilty of murdering George Floyd
The filing also comes just one day after the revelation of a photo showing juror Brandon Mitchell at the March on Washington in August
Nelson did not specifically mention the photo or juror among his list of grievances
The attorney lambasted the pervasive publicity around the case and claims the jury was exposed to prejudicial publicity and jury intimidation
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A lawyer for former Minneapolis police officer Derek Chauvin filed a motion on Tuesday to request a new trial for his client.
Eric Nelson argued in the document to the Hennepin County District Court that it abused its discretion on a number of matters, depriving Chauvin of a fair trial. Last month, Chauvin was found guilty of second-degree murder, third-degree murder, and second-degree manslaughter in connection with the May 2020 death of George Floyd.
Chauvin s legal team took issue with the court s denial of their request to have a change of venue, its decision to not sequester the jury, and the fact that it reportedly failed to accurately reflect the law when it instructed the jury on the meanings of second-degree unintentional murder, third-degree murder, and authorized use of force.
Derek Chauvin s attorney files motion for a new trial
Chauvin was convicted of the murder and manslaughter of George Floyd last month.
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The attorney of Derek Chauvin has filed a motion for a new trial.
Eric Nelson, whose client was convicted on all counts for the murder and manslaughter of George Floyd last May, has cited several reasons for why a new trial should be held.
Nelson s arguments are:
The court abused its discretion when it denied a venue change for the trial, which was held in Hennepin County District Court.
The court wrongly denied a motion for a new trial made by Nelson during the hearing, with Nelson claiming the publicity surrounding the case threatened the fairness of the trial, also citing post-testimony, but predeliberation, intimidation of the defense’s expert witnesses.