Derek Chauvin accused the jury of “illegal activity” and demanded a new trial after being convicted of killing George Floyd last month.
Former police officer Derek Chauvin has accused the jury of “illegal activity” and demanded a new trial after being convicted of killing George Floyd last month.
This demand came after a photo of one of the juries, Brandon Mitchell, wearing a Black Lives Matter T-shirt appeared in a protest in Washington, DC last August.
The rally included a speech from Mr. Floyd’s family.
April, 12 judges Unanimously convicted of Chauvin Two murders, three murders, two manslaughter charges.
The former officer was filmed for 9 minutes and 29 seconds, kneeling on the neck of Mr. Floyd, an unarmed African-American man. He maintained that attitude despite Mr. Floyd’s plea for breathlessness.
In today’s new court filing, defense lawyer Eric Nelson said he “abused” his discretion when Judge Peter Kerrhill refused to move the trial to another location. He also moved to a new trial because of the jury’s illegal activity.
Mitchell, 31, attended a demonstration in the American capital on August 28th to commemorate the 57th anniversary of March in Washington.
His photo, which appeared this week, shows him with Dr. King’s face in a T-shirt and two of his cousins wearing the words “knee off neck.”
The defense would argue that this image is evidence that Mr. Mitchell was not a fair jury.
During the Chauvin jury selection phase, jury candidates were required to complete a 14-page survey that evaluated their views on several topics, including the Black Lives Matter movement.
Included were questions about their participation in protests against police atrocities.
“Did you, or anyone near you, participate in a demonstration or march against police atrocities in Minneapolis after George Floyd’s death?” Asked one of the questions.
“Did you or anyone near you participate in a protest about the use of police force or police atrocities other than what you have already explained above?” Asked another person.
Mitchell answered “no” to both questions. During the jury selection, he also had a “very positive” opinion on defense lawyer Eric Nelson about Black Lives Matter and knew some “great men” who were police officers. He said he was.
He said he was able to be fair as a jury.
Talk to Start tribute, Mitchell He claimed to be honest Throughout the process, the march was “not 100 percent,” especially for Floyd.
“I had never been to DC,” he said.
“The opportunity to go to DC, the opportunity to be thousands of blacks. I just thought it was a good opportunity to be part of something.
“It was directly related to Martin Luther King’s march in Washington in the 1960s.”
He said WCCO He was marching to help increase turnout in the 2020 presidential election between Donald Trump and Joe Biden.
“In any case, even if George Floyd was still alive, I was going to Washington, DC for this event,” he said.
Civil rights lawyer Brian Dunn said Washington post Mr. Mitchell’s photo is “There is no doubt that it suggests the possibility of bias. To this jury. “
Judge Kay Hill provided the complete answer as to whether Mitchell lied about whether he was engaged in the activity or whether he had a relationship with Black Lives Matter beyond just wearing a shirt. Didn’t you? ” Dan added.
“If it is determined that the jury did not provide the defense with full disclosure, the question is whether this lack of candidness violated Mr. Chauvin’s right to a fair trial.”
Chauvin’s convictions can be sentenced to up to 40, 25, and 10 years, respectively.
However, Chauvin, who has no criminal record, will not be imprisoned for that long. According to Minnesota’s ruling guidelines, the estimated sentence for both murders is 12.5 years and for manslaughter is 4 years.
Judges have been given the discretion to deviate from these guidelines, in which case the prosecution has indicated that it will discuss “deterioration of the situation” that may justify a stricter decision.
Such situations could include Chauvin treating Mr. Floyd in a special atrocities and abusing his power as a police officer.
Derek Chauvin: Lawyer request new trial after photo emerges of juror Source link Derek Chauvin: Lawyer request new trial after photo emerges of juror