>
Derek Chauvin has asked the Minnesota Court of Appeals to throw out his murder conviction in the death of George Floyd, claiming he was denied a fair trial.
Chauvin’s attorney, William Mohrman, argued Wednesday that because the video and reports of Floyd’s death were so widely publicized, sparking nationwide protests, the jury was essentially “poisoned.”
“You can’t have a trial in a community where juries are considering the possibility of a riot if the jury acquits the defendant,” Mohrman said.
The defense also demands that the court assign a new location for a new trial.
Chauvin was sentenced to 22 1/2 years in prison for Floyd’s murder and was given another 21 years last July on federal charges of civil rights violations.
Former Minneapolis police officer Derek Chauvin was sentenced to 22 1/2 years in prison for Floyd’s murder after pressing his knee into his neck for more than nine minutes.
Chauvin’s attorney, William Mohrman (above), argued that the defendant was unable to get a fair trial in Minneapolis in the face of the high volume of media coverage and protests over Floyd’s death.
In his arguments Wednesday morning, Mohrman said the unprecedented publicity surrounding the trial led to prejudices being formed about Chauvin’s case.
Mohrman and his team recounted more than 1,000 stories and articles from local media stations naming Chauvin, claiming the coverage was “overwhelmingly hostile” to the defendant.
Video of the Minneapolis police officer pinning Floyd to the ground with the officer’s knee on the man’s neck was widely circulated.
Floyd’s last words, “I can’t breathe,” also became the catchphrase for the Black Lives Matter movement that erupted across the country.
Although most of the protests were peaceful, the defense noted that a demonstration in Minneapolis turned into a riot that claimed two lives and saw “property damage that exceeded $500,000,000, the second most destructive riots in United States history.” “.
Other factors that led to an allegedly unfair trial, the defense attorney said, included the city’s $27 million settlement with Floyd’s family that was announced during jury selection, beefed up security at the courthouse and a recent police killing. in the suburbs of the city.
Mohrman also argued that Hennepin County Judge Pete Cahill improperly excluded evidence that could have been favorable to Chauvin and accused prosecutors of misconduct.
However, the prosecution said Chauvin (pictured during his sentencing) received a fair trial and asked that the appeal for a new trial and venue be dismissed.
However, prosecutors said Chauvin had a fair trial and received a just sentence.
They said that pretrial publicity had covered the state making a change of trial venue futile, and that Cahill took extensive steps to ensure the selection of impartial jurors.
They also said that it took steps to protect jurors from outside influences, so there was no need to isolate them before deliberations.
Neal Katyal, one of the state’s attorneys, said: “The court and the parties carefully selected a jury for two weeks. Forty-four witnesses testified, jurors viewed video footage and listened to bystanders.
‘They learned that Chauvin was trained against prone restraints due to positional asphyxia, which is what killed Floyd. Judge Cahill handled this trial with the utmost care,” Katyal added.
The appeals court will also investigate whether Chauvin was legally permissible for third-degree murder and whether Cahill was justified in exceeding the recommended 12 1/2 years under state sentencing guidelines.
The appeals court has 90 days to make a decision on the case.
Although Chauvin waived his right to appeal under his federal plea agreement, he continued to appeal his murder convictions in state court.
Even if you win your appeal, your federal sentence will keep you in prison longer than your state sentence probably would because you would qualify for parole sooner in the state system.
Three other officers who were present during Floyd’s murder, Tou Thao, J. Alexander Kueng and Thomas Lane, were convicted on federal civil rights charges last February and are serving their sentences in out-of-state federal prisons.
Lane and Kueng have accepted plea agreements on state charges of accessory to manslaughter and are serving concurrent sentences. But Thao refused to plead guilty.
Lawyers for both sides agreed to let Cahill decide Thao’s guilt based on the stipulated evidence. That verdict is pending, as is his federal appeal.