And so it begins, and we all knew it would. Since the judge didn't have the spine to declare a mistrial, the challenges now begin.
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Lawyer for Derek Chauvin Files Motion to Impeach Verdict: “Proceedings Deprived Client of Fair Trial”
The lawyer for convicted former Minnesota police officer Derek Chauvin filed a motion to retry the case Tuesday claiming the court deprived his client of a fair trial as prescribed by the US Constitution.
Last month, a jury found Chauvin guilty on three charges, including second and third-degree murder and second-degree manslaughter, following the death of George Floyd last summer.
On Tuesday, Chauvin’s defense attorney Eric Nelson filed a motion claiming there was significant “prosecutorial and jury misconduct,” in addition to “errors of law at trial; and a verdict that is contrary to law.”
Here are a list of ways the court “deprived the Defendant of a fair trial,” according to Nelson, as reported by KARE11.com:
Denial of a change of venue
Publicity surrounding the case
Failure to sequester the jury
Prosecutorial misconduct by allegedly disparaging the defense and failing to adequately prepare witnesses
The court’s failure to order testimony from Morries Hall, who was with George Floyd on the day of his death
Jury instructions that “failed to accurately reflect the law” on the murder charges
Allowing the state to “present cumulative evidence” on use of force
The court allowed the state to “lead witnesses on direct examination”
The court failed to order a record of “numerous sidebars that occurred during the trial”
Nelson says, “The cumulative effect of the multiple errors in these proceedings deprived Mr. Chauvin of a fair trial, in violation of his constitutional rights.”
Nelson’s motion also reportedly asked the court to “impeach” the verdict citing “jury misconduct,” after reports surfaced Tuesday that juror Brandon Mitchell had attended at least one BLM rally while wearing a shirt that read “Get your knee off our necks” prior to serving on the jury.
Mitchell’s attendance at the “Commitment March: Get Your Knee Off Our Necks” rally in August 2020 would be a basis to argue that the jury was not impartial, and a judge could declare a mistrial based on answers he gives during a Schwartz hearing.
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