The defense attorney for the former Minneapolis police officer convicted of the death of George Floyd requested a retrial, according to a court document filed on Tuesday.
erek Chauvin was convicted last month for second-degree unintentional murder, third-degree murder and wrongful death on May 25, 2020 for Floyd’s death.
Evidence at the trial showed that Chauvin pressed his knee against Floyd’s neck for 9 and a half minutes while the black man said he couldn’t breathe and stood still.
Defense attorney Eric Nelson cited many reasons in his request for a retrial. He said Judge Peter Cahill abused the court’s discretion and violated Chauvin’s right to due process and a fair trial when he denied Mr. Nelson’s request to transfer the trial to another county due to pre-trial publicity.
He also said that Cahill abused his discretion by denying an earlier request for a retrial based on publicity during the process, which Nelson said threatened the trial’s justice.
Mr. Nelson also questioned Mr. Cahill’s refusal to kidnap the jury for trial or admonish them to avoid all media, and his refusal to allow a man who was with Floyd at the time of his arrest to testify .
Mr. Nelson asked the judge to challenge the verdict on the grounds that the jury committed misconduct, felt pressured and / or did not follow the jury’s instructions, although the case did not include details about that statement. To challenge a verdict is to question its validity.
The brief did not mention recent reports that one of the jurors participated in an August 28 march in Washington, DC, to honor Martin Luther King Jr.
That jury, Brandon Mitchell, defended his actions, saying the event was to commemorate March 1963 in Washington and was not a protest over Floyd’s death.
Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who were shot by the police addressed the crowd at last summer’s march.
Mr. Nelson did not immediately return a message asking for details about his allegation of the judge’s misconduct.