Chauvin’s lawyer is trying to investigate the jury’s illegal activity – WJET / WFXP / YourErie.com – About Your Online Magazine


Minneapolis (AP) – A former Minneapolis police officer convicted of murder in the death of George Floyd, said a defendant attorney while investigating the possibility of jury misconduct, as well as a retrial. We are also requesting an impeachment hearing.

Eric Nelson’s request for a retrial of Derek Chauvin is fairly routine, but not the request to investigate the jury. Prosecutors must submit a written discussion, at Nelson’s request, by Wednesday. It is not clear when the judge will decide.

Let’s take a look at some of the issues raised by Nelson.

New test order

Shovin was convicted of two unintentional murders, three murders and manslaughter on May 25, 2020. Breathe Chauvin will be convicted on June 25.

Nelson’s request for a retrial covers everything from the case’s widespread publicity to allegations of illegal lawsuits, calling Nelson’s allegations a “history” and saying the state “disregarded” Nelson’s defense. To insist.

He has issues with the fact that the registration was not made in a parallel discussion between a lawyer and a judge, and the court allowed the man who was with Floyd the day he died to testify. He says he abused that discretion by not doing so. He also has problems with state cumulative evidence of three additional counts of murder and the use of force.

Nelson argues that all these factors deprived Chauvin of his right to a fair trial.

“It’s like Eric puts together all the major objections he’s made throughout the trial into a brief explanation and asks him to go back to (Judge Peter) Kay Hill and reconsider,” Blockhunter said. It says. Minneapolis defense attorney who oversaw the case.

It is unlikely that a retrial will be granted. Kay Hill had already mastered most of these issues, so hunters and other experts said he probably wouldn’t turn around. Still, experts say Nelson needs to give it a go. He must also present these matters to the lower court if he wishes to present them in an appeal.

“He enthusiastically represents his customers because we have to do this ethically,” said Hunter.

Early promotion

Nelson said the intense publicity of pre- and intra-trial events polluted the jury and hurt the jury against its clients.

In February, Chauvin reported that he was ready to plead guilty to three murders, announced that Minneapolis had reached a $27 million settlement with Floyd’s family during a jury selection and the nearby Brooklyn Center. There was a deadly shootout of Dauntelite by a policeman on. It took place during Chauvin’s trial and caused several days of protest.

Nelson said Cayhill abused his discretion when he moved the Hennepin County trial, adjourned the trial and denied the earlier request to quarantine the jury.

Another Minneapolis defense attorney after the case, Ryan Pashiga, called the progress made during Chauvin’s trial the “worst case” and said the cumulative consequences were notable. He said Nelson’s strongest argument may have been that the case should have been postponed.

“If I think about any of these things that happen when I’m defending someone, it makes me mad at the impact of fair judgments (perceived or real). You will have a lot of worries,” said Pashiga.

Request for impeachment of the verdict

The term “impeachment” in this context means to question the integrity or validity of the jury’s verdict.

Under Minnesota’s Code of Criminal Procedure, defendants can seek a court hearing to investigate possible misconduct by a jury. The hearing, known as the Schwartz Hearing, was named after a 1960 Minnesota Supreme Court case that provided a procedure for examining a jury when jury impartiality was challenged. ..

In the incident, Schwartz vs. Minneapolis Suburban Bus Company originated in a car accident. One of the jury members said in a jury question that he could be fair and impartial without revealing that his daughter had an accident. According to the trial text posted on casetext.com, there was controversy over whether he was asked about it during jury selection.

After the trial, an investigator from the defendant bus company interviewed the jury and learned of the accident. The jury told investigators that he had influenced him to support the plaintiff in some way.

The Minnesota Supreme Court said that dishonest answers to jury questions could prevent someone from getting a fair trial in order to prevent lawyers and investigators from “harassing” jury questions. In that case, he said it was better to take the matter to the judge. The jury may be summoned to court to answer the question.

Is Schwartz’s hearing common?

No. Pashiga said this was mainly because judges and lawyers were not aware of such issues unless they were somehow publicized. He said the defense has to surpass high standards to get a Schwartz audience, making it even harder to win by one.

In Chauvin’s case, Nelson claims that another unintended jury made public comments after the hearing, indicating that she felt pressured to convict her.

He also because the deliberate jury Brandon Mitchell did not follow the jury’s instructions and did not mention his participation in the August 28 march in Washington, DC to honor Martin Luther King. He claimed not to be frank during jury selection. Nelson Jr. also claimed that Mitchell made comments showing that his verdict was based on outside influences.

Mr Hunter said Mitchell was not true and expected the state to say the march was not specifically about police atrocities. Hunter said Mitchell said he supported the Black Lives Matter concept during jury selection.

“He wasn’t trying to avoid or hide the ball about where his point of view was during jury selection,” Hunter said.

___

Find complete Associated Press coverage of George Floyd’s death: https://apnews.com/hub/death-of-george-floyd

Chauvin’s attorney is trying to investigate the jury’s illegal activity – WJET / WFXP / YourErie.com

source link Chauvin’s attorney is trying to investigate the jury’s illegal activity – WJET / WFXP / YourErie.com

Paula Fonseca