Derek Chauvin, a former officer in Hennepin County, Minnesota, was convicted of murder last month after his involvement in the death of George Floyd last year. But little did he or his attorney know, an opportunity would arise for a new trial.
Eric Nelson, Derek Chauvin’s lawyer, filed a motion for a new trial stating that the trial should have been held outside of the county, given the publicity and strong local feelings towards the case.
Nelson also said that the Judge was in the wrong when he did not declare a mistrial after Democrat Maxine Waters publicly stated that the nationwide looting and violence would not stop until a guilty verdict was issued.
Nelson argues that these statements were so prejudicial and pervasive that it created a structural defect within the trial. Jury members weren’t even asked to abstain from media, which could have greatly influenced the verdict.
Nelson went on to accuse Minnesota State prosecutors of misconduct as well as the court for disallowing a man that sold drugs to George Floyd to testify, among other errors.
Notably missing from the motion were the most recent revelations of Brandon Mitchell, a juror who admitted to deceiving the Judge to remain a member of the jury.
The prosecution is, of course, denying Nelson’s claims and preparing to fight tooth and nail to maintain the verdict.
Chauvin is still in prison awaiting sentencing.
Author: William Yaetz