Derek Chauvin's lawyer files motion asking for NEW trial citing jury misconduct a day after it emerged juror lied about being at BLM protest
Derek Chauvin's attorney has filed a motion for a new trial on multiple grounds including 'jury misconduct' and abuse of discretion by the court, just two weeks after he was found guilty of murdering George Floyd.
Attorney Eric Nelson wrote that the court 'deprived [Chauvin] of a fair trial' in a motion filed in Hennepin County District Court in Minnesota.
'The Court abused its discretion when it denied Defendant's motion for a change of venue … in violation of Mr. Chauvin's constitutional rights to a due process and a fair trial,' Nelson wrote.
The filing comes just one day it emerged that juror Brandon Mitchell attended a rally last summer where George Floyd's relatives addressed the crowd, despite telling the court he'd never been at a protest.
Mitchell, a high school basketball coach, was pictured at the March on Washington event wearing a T-shirt with a picture of King and the words, 'GET YOUR KNEE OFF OUR NECKS' and 'BLM'.
Experts say the revelation could be grounds for the cop's appeal, but Nelson's motion did not specifically mention the photo or juror among his list of grievances.
Derek Chauvin 's attorney (left) has filed a motion for a new trial on multiple grounds claiming 'jury misconduct' in the trial of Derek Chauvin (right) who was convicted of murdering George Floyd
A photo, posted on social media, shows Brandon Mitchell, who is black, attending the August 28 event to commemorate Martin Luther King Jr's 'I Have a Dream' speech during the 1963 March on Washington. It shows Mitchell (far right) standing with two cousins and wearing a T-shirt with a picture of King and the words, 'GET YOUR KNEE OFF OUR NECKS' and 'BLM'
Nelson filed the motion for a new trial in Hennepin County District Court on Tuesday
Chauvin, who is white, was convicted of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 25 death of Floyd. Evidence at trial showed Chauvin pressed his knee against Floyd´s neck for 9 1/2 minutes as the Black man said he couldn´t breathe and went motionless.
Chauvin and three fellow officers were attempting to arrest Floyd, accused of using a fake $20 bill to buy cigarettes at a grocery store.
Nelson claimed that the court abused its discretion when it denied Chauvin's motion for a new trial on the grounds that 'publicity during the proceedings threaten[ed] the fairness of the trial.'
'Such publicity included post-testimony, but pre-deliberation, intimidation of the defense's expert witnesses, from which the jury was not insulated,' Nelson wrote.
'Not only did such acts escalate the potential for prejudice in these proceedings, they may result in a far-reaching chilling effect on the defendant's ability to procure expert witnesses – especially in high-profile cases, such as those of Mr. Chauvin's codefendants – to testify on their behalf.'
Nelson claimed that publicity around the case was 'so pervasive' and 'so prejudicial' that the case suffered a 'structural defect' in the proceedings.
Chauvin's lawyer also claimed that the court 'failed to sequester the jury' throughout the trial and alleged that the jury was exposed to 'prejudicial publicity' and 'jury intimidation' that prevented his client from receiving a fair trial.
He alleged that some jurors may have felt 'potential fear of retribution' for deciding in a particular way during the verdict.
The motion came a day after questions were raised about the impartiality of juror Brandon Mitchell.
A photo, posted on social media shows Mitchell attending an August 28 event in Washington, DC, to commemorate Martin Luther King Jr's 'I Have a Dream' speech during the 1963 March on Washington.
It shows Mitchell, a high school basketball coach, standing with two other men and wearing a T-shirt with a picture of King and the words, 'GET YOUR KNEE OFF OUR NECKS' and 'BLM'. He is also wearing a baseball cap printed with Black Lives Matter.
Chauvin's lawyer also claimed that the court 'failed to sequester the jury' during Chauvin's trial for murdering Floyd, pictured, and alleged that the jury was exposed to 'prejudicial publicity'
Chauvin, right, was found guilty of murdering George Floyd just two weeks ago
Chauvin, pictured after his murder verdict was announced, is schedule to be sentenced on June 25
Mitchell has admitted the photo is of him from that date, but defended attending the rally, claiming it was not explicitly a protest against police or a commemoration for George Floyd.
That is despite the fact that Floyd's brother and sister, Philonise and Bridgett Floyd, and relatives of other African Americans who have been shot by police addressed the crowd that day.
Mitchell said he answered 'no' to two questions about demonstrations on the questionnaire sent out before jury selection.
The first question asked: 'Did you, or someone close to you, participate in any of the demonstrations or marches against police brutality that took place in Minneapolis after George Floyd's death?'
The second asked: 'Other than what you have already described above, have you, or anyone close to you, participated in protests about police use of force or police brutality?'
Experts said that the revelation that it could be grounds for the cop's appeal.
In this April 28, 2021 file photo, Brandon Mitchell, a juror in the trial of former Minneapolis Police Officer Derek Chauvin, poses for a picture, in Minneapolis. Mitchell defended his participation in protest in Washington last summer in the wake of online speculation about his motives for serving on the jury
Mitchell, 31, acknowledged being at the event and that his uncle posted the photo, but said he doesn't recall wearing or owning the shirt.
Mitchell was one of 12 jurors who convicted Chauvin of second- and third-degree murder and second-degree manslaughter.
Mitchell, the first juror to go public, spoke to several media outlets last week, including The Associated Press.
'I'd never been to DC,' Mitchell said of his reasons for attending the event.
'The opportunity to go to DC, the opportunity to be around thousands and thousands of black people; I just thought it was a good opportunity to be a part of something.'
Mike Brandt, a Minneapolis defense attorney not involved in the case, told the AP the revelation alone wasn't nearly enough to overturn Chauvin's conviction, but it could be combined with other issues - the announcement of a massive civil settlement to Floyd's family during jury selection, the shooting of Daunte Wright, the judge's refusal to move the trial - in an appeal to say Chauvin was denied a fair trial.
Ted Sampsell-Jones, a professor at the Mitchell Hamline School of Law, told the Associated Press that the photo of Mitchell was 'evidence that Chauvin can point to in order to establish that his right to an impartial jury was denied.'
In the new court motion, Nelson also claimed that prosecutors committed 'pervasive' misconduct by failing to adequately prepare its witnesses and 'improper vouching.'
He also alleged that the court abused its discretion when it 'failed to order Morries Hall to testify.'
Hall, 42, was in the car with George Floyd, 46, on the day of his death.
Morries Hall, whose name initially was spelt as Maurice, is refusing to testify in court in the murder trial of Derek Chauvin
Hall was in the passenger seat on May 25, 2020, when Floyd was arrested by Minnesota police for using a fake $20 bill
Hall, in white t-shirt and red sweat pants, is seen getting into the passenger side of Floyd's car
Hall, with a female friend, speaks to police after the death of Floyd on May 25
He has spoken publicly in the months since the incident outside Cup Foods and has consistently claimed that Floyd did not resist arrest and that he himself attempted to diffuse the situation.
But in a surprise move, Hall - who was on the State's witness list- filed a motion with Hennepin County District Court in which he gave notice that he would plead the Fifth if called upon to testify by either side.
Hall's decision came at the end of the third day in Chauvin's trial, which saw the jurors shown previously-unseen footage of Chauvin with his hands around Floyd's neck, trying to wrestle him into a patrol car.
'Mr Morries Lester Hall…hereby provides notice to all parties in this matter that if called to testify he will invoke his Fifth Amendment privilege against self-incrimination,' the legal document filed by Hennepin County Public Defender reads.
In Tuesday's motion, Nelson also claimed that the court had ordered prosecutors to 'lead' witnesses on direct examination.
'The cumulative effect of the multiple errors in these proceedings deprived Mr. Chauvin of a fair trial, in violation of his constitutional rights,' Nelson wrote.
Chauvin is scheduled to be sentenced on June 25.
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