Derek Chauvin’s attorney files motion for a new trail, appeal doesn’t include BLM shirt-wearing juror as a reason

The attorney for Derek Chauvin, Eric Nelson, has filed motions for a new trial and for a hearing to impeach the verdict based on jury misconduct (a so-called Schwartz Hearing under Minnesota law). Nearly a dozen bases are cited for a new trial, but not the recent revelations about juror Brandon Mitchell wearing a BLM t-shirt at a rally and opining that people should get on juries “to spark some change.”

The Associated Press lists the reasons the motions cites for a new trial:

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 Nelson’s request to move the trial to another county due to pretrial publicity.
He also said Cahill abused his discretion when he denied an earlier request for a new trial based on publicity during the proceedings, which Nelson said threatened the fairness of the trial. Nelson said that publicity included “intimidation” of the defense expert witness, which he said could have a “far-reaching chilling effect” on the ability of defendants to get expert witnesses in high-profile cases, including the upcoming cases of the three other former officers charged in Floyd’s death.
“The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings,” Nelson wrote.
Nelson also took issue with Cahill’s refusal to sequester the jury for the trial or warn 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.

The tragedy: he had multiple points for appeal before BLM shirt guy. Including “we say he died in part of covid after your expert witness left to fly home” and Maxine Waters inciting violence.

And an alternate juror saying they were afraid for their safety:
Christensen: I had mixed feelings. There was a question on the questionnaire about it and I put I did not know. The reason, at that time, was I did not know what the outcome was going to be, so I felt like either way you are going to disappoint one group or the other. I did not want to go through rioting and destruction again and I was concerned about people coming to my house if they were not happy with the verdict.

Source:
‘I wish it didn’t have to happen’: Alternate juror reflects on Derek Chauvin trial
https://www.kare11.com/article/news/local/george-floyd/derek-chauvin-trial-alternate-juror-lisa-christensen/89-97b74eb1-c875-4ed5-93ad-5c72620b9f18

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