Derek Chauvin’s lawyer filed a motion on Tuesday in Hennepin County, Minnesota, for a new trial on a number of grounds together with jury misconduct.
The massive image: Chauvin was found guilty of second-degree homicide, third-degree homicide and second-degree manslaughter final month in George Floyd’s dying. Video of Chauvin kneeling on Floyd’s neck for greater than 9 minutes as Floyd pleaded that he could not breathe sparked world protests.
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What they’re saying: “The State committed pervasive, prejudicial prosecutorial misconduct, which deprived Mr. Chauvin of his constitutional rights to due process and a fair trial, including but not limited to: disparaging the Defense; improper vouching; and failing to adequately prepare its witnesses,” the movement reads.
The submitting cites elements equivalent to “the interests of justice; abuse of discretion that deprived the Defendant of a fair trial; prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
Chauvin’s lawyer Eric Nelson, who filed the movement, didn’t title any jurors or clarify what particular misconduct he was referring to.
“The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings,” the movement learn.
What to observe: Nelson filed a request for a listening to to question the decision “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, in violation of Mr. Chauvin’s constitutional rights to due process and a fair trial.”
He additionally requested the court docket for time to completely examine the problems.
Wednesday is the deadline for post-conviction filings, per Minnesota court docket guidelines cited by the Wall Street Journal.
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