Derek Chauvin on Tuesday requested a new trial after being convicted in April of second-degree murder and different prices within the demise of George Floyd.
Attorney Eric J. Nelson says within the motion that Chauvin was denied a good trial on account of “prosecutorial and jury misconduct; errors of law at trial,” and that the ensuing jury’s verdict was “contrary to law.”
Chauvin, who’s white, was convicted in April of second-degree unintentional murder, third-degree murder and second-degree manslaughter for urgent his knee towards Floyd’s neck for greater than 9 minutes because the Black man stated he couldn’t breathe and went immobile.
Tuesday’s movement, an expected development in the case, argues a quantity of causes would justify a new trial. Among essentially the most anticipated: that Judge Peter Cahill mustn’t have denied the protection’s request to vary the venue of the trial.
Appeals with change-of-venue disputes at their core are uncommon however not unprecedented.
Nelson additionally stated within the movement that the choose ought to have sequestered the jury and that failing to instruct them to keep away from all media resulted in them being uncovered to “prejudicial publicity regarding the trial.”
Nelson additionally alleges the prosecution within the case “committed pervasive, prejudicial prosecutorial misconduct, which deprived Mr. Chauvin of his constitutional rights to due process and a fair trial.”
Chauvin is scheduled to be sentenced in June. Minnesota’s legal professional basic final week filed paperwork asking that Chauvin be given a more severe prison sentence within the case, arguing that the previous Minneapolis police officer inflicted torturous lethal strategies as Floyd pleaded for his life.
“Mr. Floyd was treated with particular cruelty. … Defendant continued to maintain his position atop Mr. Floyd even as Mr. Floyd cried out that he was in pain, even as Mr. Floyd exclaimed 27 times that he could not breathe, and even as Mr. Floyd said that Defendant’s actions were killing him,” Minnesota’s Attorney General Keith Ellison stated. He added that Chauvin stayed in place as Floyd cried out for his mom, stopped talking and misplaced consciousness.
Prosecutors additionally wrote that Chauvin’s actions “inflicted gratuitous pain” and psychological misery not simply on Floyd however on the civilian bystanders who they argued will probably be haunted by the reminiscence of what they noticed.
Four of the folks within the crowd watching Floyd die had been minors, the courtroom submitting stated.
Contributing: Mike James; The Associated Press
This article initially appeared on USA TODAY: Derek Chauvin, convicted of George Floyd’s murder, requests new trial