Wednesday, May 5, 2021

Derek Chauvin's attorney files a motion for a new trial



Eric Nelson, the attorney for former Minneapolis cop Derek Chauvin, has filed a motion for a new trial Tuesday. You may remember [if you aren't living in a Tibetan cave] that Chauvin was found guilty of murder in the death of a Black man with a long history of criminal activity.

The court filing lists several grounds, one of which was that his right to due process and fair trial were violated when the court decided against sequestering the jury from the get-go, and refusing to grant a change in venue.

Some of the filing states:
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.
While Nelson didn't provide specific details in the filing, Judge Peter Cahill [who appeared to favor the prosecution as he allowed emotional testimony into the courtroom] said at the end of trial that Chauvin's legal team may have grounds to overturn the trial on appeal due to the antagonistic call for violence by the disgusting Rep. Maxine Waters (D-CA).

Nelson also argued that the court violated Chauvin’s rights by not ordering Morries Hall — the man in the car with Floyd before his death — to testify at the trial or to submit into evidence “his statements to law enforcement regarding his” interaction with Floyd. 

According to the bird cage liner known as The New York Times, Hall invoked the Fifth Amendment during the trial after his lawyer argued that Hall’s testimony could expose him to drug-related charges.

But even more importantly, Nelson requested a hearing to throw out the court’s 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.”

One of the jurors, Brandon Mitchell, 31, was later discovered to have allegedly lied during the jury selection phase of the trial. He spoke publicly to the media after the trial was over and was photographed wearing a shirt that said “BLM” and “Get Your Knees Off Our Necks” last summer in Washington, D.C. The filing, however, did not mention Mitchell, so it’s unclear whether it even relates to him or not, although it should definitely be mentioned.

Chauvin was found guilty earlier this month of second-degree murder, third-degree murder, and second-degree manslaughter in the death of George Floyd. His sentencing is currently scheduled for June along with expected riots.


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