Derek Chauvin files for new trial after murder conviction in George Floyd case

aol ^ | May 4, 2021 | DOHA MADANI AND TIM FITZSIMONS

[MarvinStinson]

Former Minneapolis police Officer Derek Chauvin filed a motion for a new trial Tuesday after he was convicted last month of murdering George Floyd.

Chauvin’s attorney, Eric Nelson, is alleging pretrial publicity affected Chauvin's right to a fair trial.

The motion alleges the court abused its discretion by denying the requests for a change in venue and a new trial.

Because the court failed to sequester the jurors or "admonish them to avoid all media," Nelson's filing said, they were subjected not only to prejudicial publicity but also to "jury intimidation or potential fear of retribution."

"The court has already rejected many of these arguments and the State will vigorously oppose them," John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, said in a statement Tuesday evening.

In total, the motion alleges eight abuses of discretion by the court.

Nelson's filing also accuses Minnesota state prosecutors of committing "pervasive, prejudicial prosecutorial misconduct" that also affected Chauvin's right to receive a fair trial.

The filing also requested an order “to impeach the verdict” on “the grounds that the jury committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”

Nelson said he had no comment on the motion.

A jury found Chauvin guilty of second- and third-degree murder, as well as second-degree manslaughter, in Floyd's death in May 2020.

Last week, the first juror in Chauvin's trial spoke out and described the evidence upon which the seven women and five men convicted the former officer as "overwhelming."

[dynachrome]

AOL is still around?

[The Right Edge]

He is Screwed. We live in a society where the lower class is forced to obsess over the previous sins of the ruling class. The ruling class NEVER pays for their sins. They divert thier sins upon others like a “whipping boy”

[spetznaz]

Whatever one thinks of that man’s guilt or innocent the important thing is he receives a fair trial. That is a key tenet of the great land called America.

I have my views on the man, but they don’t matter here. What matters is he receives a fair trial and receives a conviction or acquittal based on proper interpretation of the law, clear presentation of evidence by the prosecution and by the defense, clear presentation of pertinent aspects of the case, truthful fair deliberation by the jury, and appropriate judgement if guilty or release of innocent.

Which is why I think unfortunately he will not receive a fair trial. Even if the change location of the trial and get new jurors, unfortunately getting a fair trial will be difficult.

I also hope they’re keeping him safe since his life is probably at some level of jeopardy (and ironically keeping him safe would probably mean isolation, which after a while has its own burdens).

Hopefully America can guarantee him a fair trial, but America is quite different these days.

[napscoordinator]

Pretty standard. Most ask for an appeal after conviction.