Derek Chauvin's Legal Team Files Motion for a New Trail After Guilty Charge
Derek Chauvin's legal team filed a motion that requests a new trial after being charged guilty for the death of George Floyd. The said motion was filed by Chauvin's defense attorney, Eric Nelson, on Tuesday in Hennepin County in Minnesota, more than a week after the ex-cop was found guilty. It cited multiple grounds for a new trial that includes jury misconduct.
It can be remembered that Representative Maxine Waters from California was under fire when Judge Cahill was not impressed by her comments in front of the protesters. Cahill said that Waters' rhetoric tarnished the proceeding and can lead to an appeal in an event of a conviction and overturned. The comment of the California representative also paved the way for Republicans to censor her.
READ NEXT: Experts Say Derek Chauvin Likely to Appeal but Won't Have Success
Chauvin's Legal Team Files Motion
The motion filed by Nelson had multiple grounds, including the interest of justice, a verdict that is contrary to law, abuse of discretion that deprived the defendant of a fair trial, and errors at a law trial.
"The court abused its discretion when it denied defendant's motion for a new trial when on the grounds that 'publicity during the proceedings threaten[ed] the fairness of the trial," the motion reads.
Chauvin was found guilty of second-degree murder, third-degree murder, and second-degree manslaughter for the Death of George Floyd, USA Today reported.
One basis for the motion that was cited by Nelson is that the court has "abused its discretion and violated Mr. Chauvin's rights under the Confrontation Clause," ABC News reported. Nelson noted that this happened when the court failed to order Morries hall to testify and make his statements to the police into evidence.
The motion also tackled the exposure of the trial to the media, which according to Nelson, led to an "exposure to prejudicial publicity regarding the trial during the proceedings." Moreover, the trial motion also pointed out that the constitutional rights of Chauvin to due process and a fair trial were violated because of "jury intimidation and potential fear of retribution among jurors" that stemmed out when Waters gave her rhetoric in front of the protesters.
Views on the motion filed by Chauvin's Legal Team
Meanwhile, Mary Moriarty, former chief public defender of Hennepin County, noted in USA Today that the motion filed by Nelson is common. However, nearly all the arguments raised in the motion were brought up during Chauvin's trial.
Moriarty also expressed that the jury misconduct filed by Nelson may be due to one of the jurors garnering attention on social media recently. Juror Brandon Mitchell gathered attention online when he was seen attending the March on Washington last August. Mitchell was photographed wearing a shirt with the words BLM and "get your knee off our necks."
"The court has already rejected many of these arguments," said John Stiles in ABC News, adding that the state will oppose the said motion once again. Stiles is the deputy chief of staff for Minnesota Attorney General Keith Ellison.
USA Today noted that the motion filed by Chauvin's legal team on Tuesday is an expected development in the case. Meanwhile, Chauvin is scheduled to be sentenced in June.
WATCH: Motions filed by Derek Chauvin's defense attorney to throw out guilty verdict, seeks new trial - from KARE 11
Subscribe to Latin Post!
Sign up for our free newsletter for the Latest coverage!