An attorney for the former Minneapolis police officer convicted of murder said a change of venue should have been granted and alleged prosecutorial and jury misconduct.
Hennepin County, Minnesota (77WABC) – The attorney representing Derek Chauvin filed a motion, calling for a new trial in Hennepin County District Court on Tuesday.
Chauvin Attorney Eric J. Nelson based the following on four core grounds: in the interest of justice, abuse of discretion which allegedly deprived the Defendant of a fair trial, alleged prosecutorial and jury misconduct, alleged errors of law at trial, and a verdict that attorney’s allege is contrary to law.
“The specific bases for this motion include, but are not limited to the court abusing its discretion when it denied Defendant’s motion for a change of venue, which they contain is in violation of Mr. Chauvin’s constitutional rights to due process and a fair trial,” according to the motion filed in court.
Derek Chauvin Files Motion for New Trial, Citing Jury Intimidation
4 May 2021
Former police officer Derek Chauvin, convicted last month of murder and manslaughter in the death of George Floyd last May, filed a motion for a new trial on Tuesday.
Chauvin’s lawyer, Eric Nelson, argued that the court should have granted the defense’s motion to move the trial out of Hennepin County, given the strong local sentiments about the case.
Nelson also argued that Judge Peter A. Cahill erred when he denied the defense’s motion for a mistrial after public officials, including Rep. Maxine Waters (D-CA), made statements suggesting that there would be unrest unless the jury delivered a guilty verdict. The jury was not sequestered yet, Nelson pointed out.