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Crime Chauvin's lawyer seeks new trial, impeachment of verdict

02:50  05 may  2021
02:50  05 may  2021 Source:   msn.com

Legal Debate Rages Over Derek Chauvin Juror’s ‘Get Your Knee Off Our Necks’ T-Shirt, Attendance at BLM Rally Prior to Trial

  Legal Debate Rages Over Derek Chauvin Juror’s ‘Get Your Knee Off Our Necks’ T-Shirt, Attendance at BLM Rally Prior to Trial The image shows juror Brandon Mitchell "active[ly] representing" in Washington, D.C. around the time of the so-called "Get Your Knee Off Our Necks" march on Aug. 28. The march was described elsewhere as "a day of action [to] demonstrate our commitment to fighting for policing and criminal justice" and an attempt to harness the movement that "has risen up since the police killing of George Floyd." The post Legal Debate Rages Over Derek Chauvin Juror’s ‘Get Your Knee Off Our Necks’ T-Shirt, Attendance at BLM Rally Prior to Trial first appeared on Law & Crime.

MINNEAPOLIS (AP) — The defense attorney for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, saying the court abused its discretion on several points and that the verdict should be impeached because of jury misconduct, according to a court document filed Tuesday.

FILE - In this April 20, 2021 file image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin's trial for the 2020 death of George Floyd,, at the Hennepin County Courthouse in Minneapolis, Minn. Nelson has requested a new trial, saying the court abused its discretion when it refused to change the venue in the original proceedings, according to a court document filed Tuesday, May 4, 2021. (Court TV via AP, Pool, File) © Provided by Associated Press FILE - In this April 20, 2021 file image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin's trial for the 2020 death of George Floyd,, at the Hennepin County Courthouse in Minneapolis, Minn. Nelson has requested a new trial, saying the court abused its discretion when it refused to change the venue in the original proceedings, according to a court document filed Tuesday, May 4, 2021. (Court TV via AP, Pool, File)

Derek Chauvin, who is white, was convicted last month of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 25 death of Floyd. Evidence at trial showed Chauvin pressed his knee against Floyd’s neck for 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless.

Juror talks of deliberations before finding Chauvin guilty

  Juror talks of deliberations before finding Chauvin guilty MINNEAPOLIS (AP) — A juror who was part of the unanimous vote to convict a white former Minneapolis police officer of killing George Floyd has spoken publicly about his experience. In a series of interviews, Brandon Mitchell described his experience during the nearly three-week trial. The 31-year-old basketball coach, who is Black, is the first member of the jury to speak publicly about finding Derek Chauvin guilty of second-degree murder, third-degree murder and second-degree manslaughter.

Defense attorney Eric Nelson cited many reasons in his request for a new trial. He said Judge Peter Cahill abused the discretion of the court and violated Chauvin’s right to due process and a fair trial when he denied Nelson’s request to move the trial to another county due to pretrial publicity.

He also said Cahill abused his discretion when he denied an earlier request for a new trial based on publicity during the proceedings, which Nelson said threatened the fairness of the trial.

Nelson also took issue with Cahill’s refusal to sequester the jury for the trial or admonish them to avoid all media, and with his refusal to allow a man who was with Floyd at the time of his arrest to testify.

Nelson asked the judge to impeach the verdict on the grounds that the jury committed misconduct, felt pressured, and/or failed to adhere to jury instructions, though the filing did not include details about that assertion. To impeach a verdict is to question its validity.

First juror in Derek Chauvin trial to speak publicly says he didn't feel pressure to reach a guilty verdict

  First juror in Derek Chauvin trial to speak publicly says he didn't feel pressure to reach a guilty verdict A jurors who found former police officer Derek Chauvin guilty of George Floyd's murder is speaking out about his experience in the courtroom. Your browser does not support this video Brandon Mitchell, a 31-year-old Black man, is the first juror to speak publicly about the trial. The court has not released the names of the jurors but is allowing them to speak publicly now that the trial is over. Last week, an alternate juror said she believed Chauvin was guilty. Speaking to "CBS This Morning" on Wednesday about whether the jurors felt pressure to reach a guilty verdict, Mitchell said: "Not at all.

The brief did not mention recent reports that one of the jurors participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King, Jr.

That juror, Brandon Mitchell, has defended his actions, saying the event was to commemorate the 1963 March on Washington and was not a protest over Floyd's death. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who had been shot by police addressed the crowd at the march last summer.

Nelson did not immediately return a message seeking details on his allegation of juror misconduct.

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Find AP’s full coverage of the death of George Floyd at: https://apnews.com/hub/death-of-george-floyd

Derek Chauvin seeks new trial in George Floyd case .
The filing comes just weeks after a jury convicted Chauvin of unintentional second-degree murder, third-degree murder and second-degree manslaughter. © / AP Derek Chauvin Chauvin's attorney said the court made several errors in handling the case, including "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.

usr: 1
This is interesting!