A lawyer for Derek Chauvin has filed a motion for a new trial.
Chauvin was convicted last month of the murder of George Floyd.
Attorney Eric Nelson alleges prosecutor and jury misconduct in his petition for a new trial.
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Derek Chauvin’s attorney 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 convicted of unintentional second degree murder, third degree murder and second degree manslaughter in the death of George Floyd. Floyd died after Chauvin knelt over his body as he was handcuffed and lying down for more than nine minutes on May 25.
The petition, which was filed Tuesday by Chauvin’s attorney Eric Nelson, alleged the ex-officer failed to get a fair trial due to the high-profile publicity of the case.
He alleged that Hennepin County Judge Peter Cahill abused his discretion by deciding not to move the trial or confine the jury for the duration of the trial. The motion also said Cahill’s refusal to grant a new trial after police said the former home of a defense witness had been vandalized was inappropriate.
The motion further alleged prosecutorial misconduct, claiming that prosecutors disparaged the defense in their final argument and did not properly prepare witnesses before they testified.
Nelson’s motion also called for a hearing to attack the jury’s verdict on the charges that the jury was at fault, felt threatened or intimidated, felt harassed by race, and / or did not follow the instructions of the jury.
A photo surfaced this week showing a juror in the state murder trial attended a protest in Washington, DC last year wearing a shirt that read “Take your knee off our neck,” a reference to the death of Floyd.
Chauvin, who faces up to 40 years in prison, is due to be sentenced on June 25.
The Star Tribune reported that the federal government is also seeking civil rights charges against him and the three other officers who were at the scene of Floyd’s arrest.
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