Convicted killer Derek Chauvin has requested a new trial for the murder of George Floyd, citing misconduct from both prosecutors and jurors.
A key element of the evidence against Derek Chauvin is footage of him kneeling on Georges neck for more than nine minutes. A rare verdict saw him guilty of both murder and manslaughter, he is now facing 40 years in prison.
The jury deliberated for less then a day to convict Derek Chauvin of murder. The three week trial saw hours of footage and 45 different witnesses testify. Chauvin himself did not testify, invoking his constitutional right not to testify.
The murder of George Floyd was seen across the world, with the footage going viral after being leaked online. Eric Nelson argues that because of the publicity, Chauvin was denied a fair trial. The continue that the pre publicity means it would be hard for any member of the jury to be impartial. The document continues that a “structural defect in the proceedings” means that the entire trial was prejudicial.
The documents also claim that mistakes were made by Judge Peter Cahill, resulting in prosecutorial misconduct and even witness intimidation.
A bias juror in Derek Chauvin trial?
There are rules that jurors must follow. They are to focus on the facts of the case only and not let bias interfere in the decision. One juror, Brandon Mitchell, was pictured at an event in Washington in August. The event celebrates the 57th anniversary of the civil rights movement’s historic march. The schedule includes a protest entitled “Get your knee of our necks” and the Black Lives Matter movement.
Supporters of Derek Chauvin argue this photo proves racial bias, meaning at least one of the jurors did not give Derek a fair trial. Mr Mitchell – the only juror to give public interviews – answered no when they, or anyone they knew, has participated in protests about police brutality or police force.
Mr Mitchell disputes this claim, stating he visited the protest as a celebration of the march and not as a protest against police brutality. He explains he could not pass up the opportunity to “be around thousands and thousands of black people”.
US Media reports that requests for a new trial are not uncommon following a conviction. The New York Times believes it is highly unlikely the trial will be overturned, the evidence is against Derek is too strong.
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