Fresno, California 2021-05-05 00:29:54 –
White Derek Chauvin was convicted last month of Floyd’s death on May 25 for two unintentional murders, three murders, and two manslaughter charges. Evidence at the trial showed that Chauvin pressed his knees against Floyd’s neck for nine and a half minutes as he said the black man was unable to breathe and was stuck.
Defendant lawyer Eric Nelson said he is demanding a new trial for justice. He said the verdict violated the law, with fair trials, prosecution and abuse of discretion that robbed the jury of illegal activities from Chauvin.
Mike Brant, a Minneapolis defense lawyer who closely tracks the case, said new trial requests were routinely convicted and reflected the issues raised in the appeal. He said he was often there. If this request is denied, Nelson can add another layer of decision to appeal. Brant et al. State that Chauvin’s beliefs are unlikely to be overturned.
Nelson cited many reasons in his request for a new trial. When Judge Peter Carhill denied Nelson’s request to move the trial to another county for pretrial publicity, he abused the court’s discretion and gave Chauvin the right to a due process and fair trial. He said he had infringed.
He also said Cayhill had abused his discretion when he denied the previous request for a new trial based on the propaganda in the proceedings, and Nelson said he threatened the impartiality of the trial. Nelson said the promotion included a “threat” of defense expert witnesses. This could have a “widespread chilling effect” on the defendant’s ability to obtain expert witnesses in high-profile cases, including three other upcoming cases. A former officer charged with Floyd’s death.
“The publicity here was so widespread and disadvantageous before and during the trial that it led to structural flaws in the proceedings,” Nelson wrote.
Nelson also allowed Kay Hill to refuse to isolate the jury for trial or warn him to avoid all media, and to allow the man who was with Floyd at the time of his arrest to testify. He also raised the issue of refusing.
Nelson also said that when Cayhill submitted the jury’s instructions, it did not accurately reflect the law on murder and the use of force, and the state provides cumulative evidence of the use of force. Direct inspection, among other things, said he abused his discretion when he allowed the state to lead witnesses.
Nelson also impeached the verdict on the grounds that the jury committed illegal acts, felt racial pressure, was threatened or intimidated, and / or did not follow the jury’s instructions. The claim, which I asked the judge, did not include details in the submission. Impeaching a verdict is a question of its effectiveness.
The briefs did not mention a recent report that one of the juries marched on August 28 in Washington, DC to honor Martin Luther King Jr.
The jury, Brandon Mitchell, defended his actions, saying the event was a memorial to the March 1963 March on Washington, not a protest against Floyd’s death. Floyd’s brother and sister, Philonis and Bridget Floyd, and other relatives shot by police spoke to the crowd during the march last summer.
Nelson did not immediately return a message asking for more information about the jury’s allegations of illegal activity.
Brant said Nelson is likely to submit a more detailed written discussion on these issues. The purpose of holding a hearing to impeach the verdict is to create a record of the facts and provide evidence to determine if the verdict has been compromised. If the hearing is approved, Mitchell is likely to be called in to answer the question, Brant said.
–The Associated Press contributed to this report.
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Attorney for Derek Chauvin, former Minneapolis police officer convicted in George Floyd’s death, files motion for new trial Source link Attorney for Derek Chauvin, former Minneapolis police officer convicted in George Floyd’s death, files motion for new trial