An attorney for Derek Chauvin has filed a motion for a new trial.
Chauvin was found guilty last month of murdering George Floyd.
Attorney Eric Nelson alleges prosecutorial and jury misconduct in his motion for a new trial.
Derek Chauvin’s attorney has filed a motion in Hennepin County, Minnesota, requesting a new trial for the disgraced former Minneapolis police officer, alleging jury misconduct and citing other factors.
On April 20, Chauvin was found guilty of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in the death of George Floyd. Floyd died after Chauvin kneeled on his body while he was handcuffed and prone for more than nine minutes on May 25.
The motion, which was filed Tuesday by Chauvin’s attorney Eric Nelson, alleged the ex-officer didn’t get a fair trial because of high-profile publicity of the case.
It alleged Hennepin County Judge Peter Cahill abused his discretion by ruling not to move the trial or sequester the jury for the duration of the trial. The motion also said Cahill’s denial of granting a new trial after police said a defense witness’ former home was vandalized was improper.
The motion further alleged prosecutorial misconduct, saying that the state attorneys disparaged the defense in their closing argument and failed to properly prepare witnesses ahead of their testimony.
Nelson’s motion also requested a hearing to impeach the verdict of the jury over accusations that the jury committed misconduct, felt threatened or intimidated, felt race-baited, and/or failed to adhere to jury instructions.
A photo surfaced this week showing a juror in the state murder trial had attended a Washington, DC, protest last year with a shirt that said “Get your knee off our necks,” a reference to Floyd’s death.
Chauvin, who faces up to 40 years in prison, is scheduled to be sentenced on June 25.
The Star Tribune reported the federal government was also seeking civil-rights charges against him and the three other officers who were on the scene of Floyd’s arrest.
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