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Crime Derek Chauvin seeks new trial in George Floyd case

03:40  05 may  2021
03:40  05 may  2021 Source:   cbsnews.com

14-Year-Old Boy in Derek Chauvin’s Second Civil Rights Case Also Said He Couldn’t Breathe, Court Records Show

  14-Year-Old Boy in Derek Chauvin’s Second Civil Rights Case Also Said He Couldn’t Breathe, Court Records Show Like George Floyd, the still-unknown 14-year-old in Officer Derek Chauvin’s second federal indictment told officers that he could not breathe, court documents show. The post 14-Year-Old Boy in Derek Chauvin’s Second Civil Rights Case Also Said He Couldn’t Breathe, Court Records Show first appeared on Law & Crime.Like Floyd, the still-unknown 14-year-old in Chauvin’s second federal indictment told officers that he could not breathe, according to court filings. The boy’s mother also is said by Minnesota state prosecutors to have pleaded for Chauvin to take his knee off her son.

Former Minneapolis police officer Derek Chauvin is seeking a new trial over the death of George Floyd, according to court documents filed by his attorney on Tuesday. The filing comes just weeks after a jury convicted Chauvin of unintentional second-degree murder, third-degree murder and second-degree manslaughter.

a man wearing a suit and tie: Derek Chauvin © / 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."

While the request for a new trial does not include any specific examples of jury misconduct, the filing repeatedly argues that the court failed to shield jury members from the publicity surrounding the trial.

For 3 ex-cops, will blaming Chauvin for Floyd's death work?

  For 3 ex-cops, will blaming Chauvin for Floyd's death work? MINNEAPOLIS (AP) — With Derek Chauvin convicted of murder in George Floyd’s death, activists and the Floyd family are turning their attention to this summer's trial for the other three officers involved in his May 2020 arrest. All three have already sought to deflect responsibility to Chauvin, by far the most senior officer on the scene. Thomas Lane, J. Kueng and Tou Thao face trial in August on charges of aiding and abetting both second-degree murder and second-degree manslaughter. Hennepin County Judge Peter Cahill ordered that they be tried together, but separately from Chauvin, to reduce the number of people in the courtroom amid the COVID-19 pandemic.

"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 filing said. It also accused prosecutors of "pervasive, prejudicial prosecutorial misconduct" including disparaging the defense and failing to adequately prepare witnesses.

Although the document does not mention any jurors by name, the filing comes amid a controversy surrounding one of the jury members. In a photo at a march in Washington, D.C., last August, juror Brandon Mitchell can be seen wearing a shirt that says "Get Your Knee Off Our Necks."

In his juror questionnaire, Mitchell said he had not attended any protests against police brutality. Mitchell told CBS affiliate WCCO on Monday that he had attended the march to support voter turnout in the 2020 election.

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.

The filing also seeks an order for a hearing to "impeach the verdict," 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." According to the rule cited in the filing, such a hearing would involve jurors being examined under oath and their testimony being recorded.

University of St. Thomas law professor Rachel Moran told WCCO that it's unlikely Chauvin's legal team will succeed in overturning the verdict.

"It's really hard to overturn a conviction, and courts are especially reluctant to interfere with the jury deliberation process," Moran said.

a man wearing a suit and tie: Watch: Guilty verdict in Derek Chauvin trial 04:11 © Provided by CBS News Watch: Guilty verdict in Derek Chauvin trial 04:11

The original jury, which consisted of six White people, four Black people and two multiracial people, heard 13 days of testimony from medical experts and law enforcement officials. Multiple members of the Minneapolis Police Department testified, including the police chief — who told jurors that Chauvin's conduct was "not part of our training" and "certainly not part of our ethics or values."

The jury, which was sequestered during deliberations but not during the earlier part of the trial, reached a verdict in less than a day.

Chauvin is now awaiting sentencing on the charges. Second-degree murder carries a maximum sentence of 40 years in prison in Minnesota. Third-degree murder has a maximum sentence of 25 years in prison, and second-degree manslaughter has a maximum sentence of 10 years.

While Chauvin may face less time because he does not have a criminal history, prosecutors have also introduced multiple "aggravating factors" that could add to his sentence. His sentencing hearing is scheduled for June 25.

George Floyd: A US police officer has been convicted of murder -- but systemic racism remains around the world .
The world's eyes were on Minnesota's Hennepin County Courthouse as Judge Peter Cahill uttered the word "guilty" three times.The collective sigh of relief that followed was not America's alone. The gruesome torture and murder of George Floyd at the hands of the authorities sparked a global reckoning on race.

usr: 1
This is interesting!