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World Derek Chauvin Judge Unfairly Blocked Evidence From Drug Dealer Morries Hall, Motion Says

06:10  05 may  2021
06:10  05 may  2021 Source:   newsweek.com

Has Brandon Mitchell Thrown Derek Chauvin a Lifeline? Why a New Trial Is Unlikely

  Has Brandon Mitchell Thrown Derek Chauvin a Lifeline? Why a New Trial Is Unlikely Mitchell, a juror in Chauvin's trial, has come under scrutiny after it emerged he participated in a march to honor Martin Luther King, Jr. in in Washington, D.C., last year.Chauvin was convicted on April 20 of second-degree unintentional murder, third-degree murder and second-degree manslaughter in relation to the death of Floyd on May 25 last year.

Former police officer Derek Chauvin , convicted last month of murder and manslaughter in the death of George Floyd last May, filed a motion for a new trial on Tuesday. Chauvin ’s lawyer, Eric Nelson, argued that the court should have granted the defense’s motion to move the trial out of Hennepin County, given the strong local sentiments Nelson also argued that Judge Peter A. Cahill erred when he denied the defense’s motion for a mistrial after public officials, including Rep. Maxine Waters (D-CA), made statements suggesting that there would be unrest unless the jury delivered a guilty verdict.

Derek Chauvin 's attorney says he deserves a new trial after the former Minneapolis police officer got convicted for murdering George Floyd. Chauvin 's attorney, Eric Nelson, filed legal docs Tuesday asking for the jury verdict in his murder trial to be thrown out, claiming there were numerous errors pertaining to the jury and prosecution. Maxine Waters may have given Chauvin additional arguments to make on appeal. Remember, the congresswoman from California had said protesters were banking on a guilty verdict. She encouraged people to take to the streets and get more confrontational if that didn't happen.

Derek Chauvin's attorney Eric Nelson argued that Judge Peter Cahill unfairly blocked evidence from drug dealer Morries Hall in a motion for a new trial filed on Tuesday.

a person posing for the camera: Derek Chauvin's attorney Eric Nelson has filed a motion asking for a new trial on multiple grounds, including © Getty Images Derek Chauvin's attorney Eric Nelson has filed a motion asking for a new trial on multiple grounds, including "prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law."

On April 20, the ex-Minneapolis police officer was convicted of second degree unintentional murder second degree manslaughter and third degree murder for killing George Floyd.

The motion cites several grounds for a new trial, including "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."

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In the filing, Chauvin ’s attorney says the former officer should have a new trial in 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." Also among the nearly dozen bases for the motion cited in the filing, Nelson claims the court "abused its discretion and violated Mr. Chauvin 's rights under the Confrontation Clause" when it "failed to order" Morries Hall , a key witness, to testify or admit into evidence his statements to police.

Derek Chauvin 's lawyer files motion asking for NEW trial citing jury misconduct a day after it emerged juror lied about being at BLM protest. Attorney Eric Nelson has filed a motion for a new trial alleging 'jury misconduct' just two weeks after Derek Chauvin was found guilty of murdering George Floyd. The attorney lambasted the 'pervasive' publicity around the case and claims the jury was exposed to 'prejudicial publicity' and 'jury intimidation'. Nelson also alleged that the court abused its discretion when it 'failed to order Morries Hall to testify'.

"The Court abused its discretion and violated Mr. Chauvin's right under the Confrontation Clause when it failed to order Morries Hall to testify, or in the alternative, to admit into evidence Mr. Hall's statements to law enforcement regarding his interactions with George Floyd and presence at the May 25, 2020 incident," Nelson wrote in the motion.

Hall, 42, who has several felony cases in Hennepin County and Redwood County, is a suspected drug dealer and was in the SUV with Floyd the night of his death. He's currently facing a slew of personal criminal charges, including second degree sex trafficking, promoting prostitution, controlled substance crimes and solicitation.

Nelson argues that Hall provided Floyd with drugs that caused his death.

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Nelson filed the motion on the grounds of juror misconduct, and that the court abused its discretion for failing to agree to the defense’s requests for a change of venue and sequestering the jury. Chauvin showed no reaction as the judge read all three unanimous verdicts. He was quickly handcuffed and taken out of the courtroom. He spent his first days of conviction in the Minnesota Correctional Facility in Oak Park Heights. Since the verdict hearing, Peter Cahill, the judge in the murder trial, has been deliberating the length of sentencing.

Former Minneapolis police officer Derek Chauvin was found guilty of killing George Floyd, an African-American man whose death touched off Black Lives Matter protests and riots across the US in 2020. Prosecutors argued Chauvin kept his knee on Floyd’s neck for several minutes, which led to him asphyxiating. Chauvin ’s defense argued that Floyd had a fatal dose of the drug fentanyl in his system and that the autopsy found no signs of choking damage. The jury withdrew to deliberate on Monday afternoon, after both sides presented their closing arguments.

During Chauvin's trial last month, Nelson attempted to call Hall to testify in an apparent effort to discredit Floyd for his alleged drug use. Hall refused, telling the judge "I'm fearful of criminal charges going forward."

Adrienne Cousins, Hall's lawyer, said in court that any line of questioning could expose Hall to criminal liability, including third-degree murder charges.

"There's an allegation here that Mr. Floyd ingested a controlled substance as police were removing him from the car—a car, by the way, that has been searched twice and, to my understanding, drugs have been found in that car twice," she said.

Cahill agreed with Cousins' assessment.

The court also heard arguments over whether the jury should be made aware of a police interview with Hall, which took place days after Floyd's death. Prosecutors said that Hall gave incriminating statements to authorities during the interview.

George Floyd death: Chauvin could face tougher sentence as Minnesota judge finds aggravating factors

  George Floyd death: Chauvin could face tougher sentence as Minnesota judge finds aggravating factors A judge's ruling made public Wednesday lists "aggravating factors" that could pave the way for a longer sentence for former Minneapolis police officer Derek Chauvin, who was convicted last month of second and third-degree murder and manslaughter in George Floyd's death.Though found guilty on all three counts, Minnesota law says that Chauvin will only be sentenced for the most serious count – second-degree murder – which carries a maximum prison sentence of 40 years. But because he has no prior criminal record, Minnesota sentencing guidelines say Chauvin could face a presumptive sentence of 12.5 years on that count.

While Judge Peter Cahill said he was aware of Waters’ statements and took lawmakers to task for “abhorrent” conduct in relation to the Chauvin trial, he ultimately rejected the motion for a mistrial, concluding “a congresswoman's opinion really doesn’t matter a whole lot.” However, the judge also acknowledged that “Congresswoman Waters may have given [the defense] something on appeal that may result in this whole trial being overturned,” suggesting Chauvin could get his case tossed due to interference by the elected official.

The lawyer for Derek Chauvin , former Minneapolis cop convicted of murdering George Floyd, has filed a motion seeking a new trial, alleging prosecutor and jury misconduct and saying the case should have been moved to another venue. He said the court abused its discretion by refusing to move the trial and that the verdict was "contrary to law." In denying Nelson's request for a change of venue in March, Cahill said he didn't think there was any place in Minnesota that hadn't been awash in extreme amounts of pre-trial publicity.

Nelson told Cahill that Hall's statements describe what he and Floyd had been doing in the vehicle before police entered the scene.

"He describes they had to shake Mr. Floyd awake many times," the lawyer said. "He freely answered the agents' questions about where he and Mr. Floyd spent the day, what their behaviors were, where they went and specifically how he appeared physically, his demeanor."

Assistant Attorney General Matthew Frank said Hall denied supplying Floyd with drugs on the day of his death, but warned that his statement "is self-serving and unreliable."

Cahill declined to allow Nelson's request to present testimony surrounding Hall's statement to the jury or investigators, citing hearsay rules which state that evidence must be deemed trustworthy.

Newsweek reached out to Nelson for further comment. This story will be updated with any response.

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Derek Chauvin's Attorney Requests New Trial, Says Verdict 'Contrary to Law' .
On April 20, a jury found Chauvin—a former Minneapolis, Minnesota police officer who killed a Black man named George Floyd—guilty of all three criminal counts related to Floyd's death.On April 20, a jury found Chauvin—a former Minneapolis, Minnesota police officer who killed a Black man named George Floyd—guilty of all three criminal counts related to Floyd's May 25, 2020 death. Chauvin was found guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter.

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