An attorney for Derek Chauvin filed a motion on Tuesday (May 4) to get a new trial in the murder of George Floyd.
Defense attorney Eric Nelson alleged in the court documents that Chauvin didn’t get a fair trial because Hennepin County Judge Peter Cahill declined to move the trial out of Minneapolis due to the high profile status of the case.
Nelson also claims “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law” as factors that prevented a fair trial and warrant a new trial. He also claimed the publicity of the trial led to intimidation of the defense’s expert witnesses.
Nelson did not cite a specific incident in the four-page document filed to the court, according to CNN, though the document alleges that the jury felt pressured and intimidated given the publicity of the trial.
Nelson claims the court abused its discretion when:
The jury wasn’t sequestered or told to stay away from all media.
It allowed the State to present use of force evidence that was cumulative
The court didn’t order the record to show every time the attorneys had a sidebar during the trial
Jurors weren’t given instructions that accurately describe the law, specifically the second-degree unintentional murder charge, the third-degree murder, and authorized use of force
Chauvin was convicted on all three charges on April 20 in the murder of George Floyd last May and is currently in prison awaiting sentencing which is scheduled to be given in June.
The office of Minnesota Attorney General Keith Ellison released a statement that read “The court has already rejected many of these arguments and the State will vigorously oppose them.”
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