Derek Chauvin demands murder intention for killing George Floyd.
Derek Chauvin, a former Minneapolis police officer, is appealing his conviction for murder in the death of George Floyd.
It claims that the protests that followed frightened jurors, and excessive pre-trial publicity affected them.
In a court filing on Monday, Chauvin urged the Minnesota Court of Appeals to reverse his conviction, reverse and remand for a new trial in a new venue, or order a re-sentencing.
In June, Chauvin was sentenced to 22 1/2 years in prison by Hennepin County Judge Peter Cahill after jurors found him guilty of second-degree murder, third-degree murder, and second-degree manslaughter.
Floyd died on May 25, 2020, after Chauvin pinned him to the ground for 9 minutes and 29 seconds with his knee on his neck.
Floyd was charged with presenting a fake $20 money at a convenience store.
Three other fired policemen will stand trial in state court this summer after being convicted in federal court earlier this year of violating Floyd’s civil rights.
Chauvin’s lawyer, William Mohrman, argued that the trial should not have been placed in Hennepin County, where Floyd was killed, because of various issues.
“The massive media coverage exposed the jurors to stories denigrating Chauvin and celebrating Floyd daily.
It was more than adequate to presume prejudice,” according to the brief.
Protesters took to the streets in Minneapolis and across the country in the months after Floyd’s death to denounce police violence and racism. Unfortunately, some of the unrest was physically violent.
Mohrman said numerous potential jurors expressed concerns during jury selection that if Chauvin was acquitted, they would fear for their own safety and fear more violence.
Several of them, he added, said they were terrified by the courthouse security measures put in place to safeguard trial participants from demonstrators.
According to the filing, the deadly shooting of Daunte Wright by a police officer in nearby Brooklyn Center provoked more protests during Chauvin’s trial.
It claims that jurors should have been secluded after being chosen to avoid being swayed by the news of the murder.
It also noted a $27 million settlement struck between the city and Floyd’s family during jury selection, claiming that the announcement’s timing affected jurors in the case.
Several examples of alleged prosecutorial misconduct were noted by Mohrman, including untimely sharing of evidence, failure to disclose, and government document dumping.
The complaint also claims that the judge misapplied the sentence guidelines and that “abuse of a position of authority” should not have been included as an aggravating sentencing factor for the former police officer.
Keith Ellison, the Minnesota Attorney General, has 45 days to respond to Chauvin’s brief.
Eric is a professional news editor, writer, and blogger for the last 10 years. He is working with NewsGater as an off-beat news editor cum writer.