Derek Chauvin files motion for new trial in George Floyd case, alleging jury misconduct

[Rhiannon12866]

Source: NBC News

Chauvin’s attorney, Eric Nelson, filed the request alleging that the former officer's ability to have a fair trial was affected by pretrial publicity.

Former Minneapolis police officer Derek Chauvin filed an appeal for a new trial Tuesday after being convicted last month of murdering George Floyd.

Chauvin’s attorney, Eric Nelson, filed the request alleging that Chauvin's ability to have a fair trial was affected by pretrial publicity. The motion alleges that the court abused its discretion by denying the requests for a change in venue and a new trial.

Since the court failed to sequester the jury or "admonish them to avoid all media," they were not only subjected to prejudicial publicity but also "jury intimidation or potential fear of retribution," Nelson's filing said.



Read more: https://www.nbcnews.com/news/nbcblk/derek-chauvin-files-motion-new-trial-george-floyd-case-alleging-n1266341

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This is a developing story; check back for updates.

[Ocelot II]

1. That's not likely to go anywhere.

Abuse of discretion is a pretty tough standard of review for an appeal, which he's trying to set up.

[Siwsan]

2. Pretty much 'as anticipated'

If they were so worried about jury contamination/intimidation, perhaps they should have opted for a directed verdict.

[Budi]

3. All anyone needed to see was the video.

Nothing, NOTHING could have predjudiced those 9 minutes.

Evidence was Chauvin's own appalling behavior.

[Rhiannon12866]

4. Oh, I agree with you.

And the witnesses were devastating.

[Moostache]

5. This is the truth, the whole truth and nothing but the truth forever in this case...

There are two elements to this that locked in Chauvin's guilt.

1) it is so clearly excessive and deadly that it is painful for moral people to watch, its traumatizing because empathetic humans do not like to watch snuff films.

2) Chauvin's sneering veneer in the still photos from his time murdering George Floyd are more than enough ALONE to know that his guilt was not really in dispute.

[LittleGirl]

47. Completely agree there

with your two points. Those two points are what did him in.
Nobody likes to watch someone take their last breath with that smug faced piece of shit kneeling on his neck!
There was no remorse.
Go to Jail Chauvin!
Rot the rest of your life there.

[JohnnyRingo]

6. They call it jury shopping.

To get a sympathetic white jury pool, Chauvin will try to get a change of venue to an upper class suburban location. It may not help, but his odds suddenly become better.

On second thought, he may just go for a county that voted 90+% for Donald Trump.

[mucifer]

7. It's a bit too late for all that

[JohnnyRingo]

39. Probably so....

..unless he gets a new trial.

[onenote]

12. Not going to happen.

[JohnnyRingo]

40. You're probably right

Unless he gets his new trial.
Then they can go for a venue change to somewhere more friendly to that Thin Blue Line.

[bluestarone]

8. Well then why didn't he testify himself

And point that out?

[onenote]

9. Because it wouldn't have been relevant testimony.

[localroger]

26. If he had testified, it would have opened up all kinds of embarrassing lines of questioning

For example, the fact that he'd done this before would have probably come out. Also he is not a very sympathetic witness. You can tell he was coached to do his best (all the "taking notes" was meant to demonstrate interest, but he didn't sell it and he just looked more interested in the notepad than the trial). But he just can't hide his own arrogance. It's become too much of a habit for him.

[ShazzieB]

36. That degree of narcissism is impossible to hide.

You're right about the arrogance being readily discernible. People like that don't know how to hide it. When you think you're better, more important, and smarter than everyone else, you don't think anyone has the intelligence to see through your facade.

His "above it all" self-estimation was abundantly apparent in the video as well. He wasn't fooling anyone on that score.

[abqtommy]

10. Well, Derek, next time you commit a murder make sure it's not recorded on video

and audio! As far as I'm concerned, the jury you're complaining about gave you exactly
what you deserve.

[bdamomma]

11. the facts are the facts

what we saw was murder.

[Irish_Dem]

13. The entire world saw the video. The only venue left to him is Mars.

[msfiddlestix]

15. Indeed! Chuckling here, but it's true! The only venue left to him is Mars!

Or maybe Venus, but hell, we got stuff up on Mars... could set up court there.

hee, hee..

[Irish_Dem]

19. Right, let the Martians deal with Chauvin.

See how that works out for him.

[msfiddlestix]

22. Someone could break the news to him and his lawyer

See if that works for them.

[Irish_Dem]

23. One of my cousins works for NASA. Maybe she can book them a one way trip on a Mars Rover.

[msfiddlestix]

25. Excellent idea! Let's make that happen!

hee hee,

[Irish_Dem]

31. I'll send her an email.

The Rovers don't need all that junk they carry, they can make some room.

[msfiddlestix]

32. hee hee

[Yo_Mama_Been_Loggin]

14. Boohoo

[JohnSJ]

16. No surprise because of juror 52, Brandon Mitchell. What was Mitchell thinking, and then going

to interview after the trial.

While I think the odds are against a new trial, this was not necessary

[questionseverything]

17. Unfortunately I think he will get a new trial

The juror maybe in trouble

[JohnSJ]

20. He should be, especially if he committed perjury. This makes me sick and angry. All the work

and preparation the prosecution did

and I am not too happy that Maxine Waters thought it necessary to make those comments before the verdict, and I am none too happy that the judge didn't sequester the jury either.

If a new trial is found, I fully expect the defense to change the venue, and move to an extremely conservative district.

That is what happened with the Rodney King trial. They moved it to Simi Valley here in California, which is a conservative stronghold politically, and I suspect the defense will do the same thing in Minnesota

[Raine]

28. Exactly! nt

[Raine]

27. Yup, the juror lied and got on the jury then instead of laying low

stupidly put himself in the public eye.

[brush]

33. I didn't hear about this. Was this the alternate juror or an actual juror?

And what was the lie?

It was reported that 11 jurors wanted to convict immediately but one was undecided, which it why it took as long as it did before the undecided juror finally came around. Would that be the juror that lied?

[Raine]

42. Actual juror, he said he knew nothing about Black Lives Matter

but then a picture surfaced of him at a BLM protest after he did a TV interview last week.

[brush]

44. Thank you.

[MichMan]

52. He was pictured wearing a shirt that said "get off of our necks"

Terrible if that ends up overturning the verdict

[Deminpenn]

48. No, he was not the juror who was iniitally undecided

It's likey he will face questioning by the judge, though.

[onenote]

41. The motion has little or nothing to do with Mitchell

It was undoubtedly prepared well before the story about Mitchell broke and doesn't refer to Mitchell.

Here's a copy of the motion.
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Notice-of-Motion-and-Motion.pdf

[JohnSJ]

43. You don't think that will be used when they request a new trial?

[onenote]

50. That's not what I said.

I was pointing out that you were mistaken in linking the the decision to file the motion to the Mitchell disclosure.

[JohnSJ]

51. ok, got it

[Rocknation]

18. He's worried about potential "jury intimidation or potential fear of retribution"?

What does he think he's doing NOW???


rocktivity

[azureblue]

29. that's what cops do

Amazing projection there. get scheduled to testify against a cop on trial and see what happens.. You get stopped, your friends get stopped and drugs planted. Your grandma's house gets invaded over a "suspicious drug activity"

[Fullduplexxx]

21. Well you knew this was coming as soon as that story came out

[Aussie105]

24. Well, if you murder someone

in broad daylight in front of witnesses, some holding cell phones cameras . . .

You are going to get 'pre trial publicity'. All over the news.

Expecting anything else is just unrealistic.

By all means have a retrial. The end result will be the same. Maybe a longer sentence?

[Blue Owl]

30. Shut the fuck up and rot in your cell, Chauvin

[truthisfreedom]

34. Did they kneel on his neck for 9 minutes and 29 seconds?

[marble falls]

35. Yadda, yadda, yadda. Case dismissed.

[onenote]

38. huh?

[BradAllison]

45. Fuck this dickhead

And his slimy lawyer.

[ailsagirl]

46. Oh, for God's sake

[Dawson Leery]

49. "jury intimidation or potential fear of retribution"...

is what Chauvin's former department still does on a regular basis to minorities.