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Politics Derek Chauvin asks for new trial

02:35  05 may  2021
02:35  05 may  2021 Source:   thehill.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.

Derek Chauvin, the former Minneapolis police officer who was convicted last month of killing George Floyd, filed a request Tuesday asking for a new trial.

a person looking at the camera: Derek Chauvin asks for new trial © CBSNews/YouTube Derek Chauvin asks for new trial

Eric Nelson, Chauvin's attorney, alleged that juror misconduct and pretrial publicity in part led to Chauvin's conviction for second- and third-degree murder and second-degree manslaughter in Floyd's death last year.

Chauvin's legal team specifically cited the court's rejection of its request to change the hearing's venue outside Minneapolis.

Nelson wrote in the filing that "the Court abused its discretion when it denied Defendant's motion for a change of venue" and that publicity around the high-profile hearing escalated "the potential for prejudice in these proceedings."

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 publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings," he wrote.

Nelson also tore into the court over its rules surrounding the jury, which he said were not strict enough and allowed jurors to digest outside media coverage of the trial.

"The Court abused its discretion when it failed to sequester the jury for the duration of the trial, or in the least, admonish them to avoid all media, which resulted in jury exposure to prejudicial publicity regarding the trial during the proceedings, as well as jury intimidation and potential fear of retribution among jurors, which violated Mr. Chauvin's constitutional rights to due process and to a fair trial," Nelson claimed.

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.

"The jury committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations, in violation of Mr. Chauvin's constitutional rights to due process and a fair trial," Nelson concluded.

The filing comes days after Minnesota prosecutors asked Judge Peter Cahill to deliver a severe sentence to Chauvin for the "particular cruelty" he displayed in Floyd's killing.

John Stiles, the deputy chief of staff for Minnesota Attorney General Keith Ellison, pushed back on Nelson's filing, saying in a statement to ABC News that "the court has already rejected many of these arguments and the State will vigorously oppose them."

Derek Chauvin juror says trial was like 'watching somebody die on a daily basis' .
Brandon Mitchell, juror 52 in the trial against former Minneapolis police officer Derek Chauvin, spoke to ABC News on "Good Morning America." But Mitchell, a 31-year-old basketball coach at North Community High School in Minneapolis, said he and the other 11 jurors didn't watch the news during the trial or deliberations, so they weren't aware of the racial climate or protests going on outside.

usr: 1
This is interesting!