Derek Chauvin asks for new trial after murder conviction
May 5, 2021
Former Minneapolis police officer Derek Chauvin has asked a judge for a new trial, after he was convicted of killing 46-year-old African American man George Floyd last month, court records showed Tuesday.
Chauvin's defense attorney Eric Nelson filed a motion to Hennepin County District Court Judge Peter Cahill, claiming Chauvin did not receive a fair trail.
What did Chauvin's attorney say?
Nelson said the proceedings were affected by pretrial publicity
"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 argued in the motion.
Chauvin's lawyer said the jury was not sequestered and alleged the court "abused its discretion" by not changing the venue for the proceedings.
Nelson also accused Minnesota state prosecutors of "prejudicial, pervasive prosecutorial misconduct."
Ben Crump, a civil rights attorney for George Floyd's family, rebuked the motion on Twitter. "No. No. No. Guilty. Guilty. Guilty," Crump tweeted.
The motion comes after a photo was uncovered of one of the jurors wearing a Black Lives Matter shirt during an anti-racism rally last year.
The details of Chauvin's murder conviction
Chauvin was filmed kneeling on Floyd's neck for over nine minutes during an arrest in Minneapolis in May 2020.
Floyd's killing sparked massive protests across the US and launched a nationwide debate on race relations and police brutality in contemporary America.
Chauvin was convicted on the charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter due to his role in Floyd's killing.
Chauvin is now waiting to be sentenced for the charges. Minnesota guidelines recommend about 12.5 years in prison for each murder charge and about four years for each manslaughter charge, but it will be ultimately left up to the judge to decide.
Chauvin's sentencing is slated for June 16.
Three other former Minneapolis officers who directly observed Floyd's killing by Chauvin are expected to go on trial next.
wd/rt (Reuters, AP)