Chauvin attorney files motion for new trial

Associated Press contributed to this report
Updated: May 04, 2021 10:30 PM
Created: May 04, 2021 05:06 PM

MINNEAPOLIS  - The attorney for former Minneapolis police officer Derek Chauvin has filed a motion for a new trial.

The motion from Attorney Eric Nelson, filed Tuesday afternoon, cites "... the interests of justice; abuse of discretion that deprived the Defendant of a fair trial; prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law."

RELATED: Notice of Motions

The motion says the court "abused its discretion"  when it denied the motion for a change of venue. Nelson stated that "publicity during the proceedings threaten[ed] the fairness of the trial." 

The motion also alleges that defense witnesses were intimidated, that the jury was not properly sequestered, that the judge's instructions to the jury did not accurately reflect the law, and that the court was wrong not to make a record of sidebar conversations during the trial.

Chauvin was found guilty of murder and manslaughter in the death of George Floyd.

Earlier, one of the jurors who convicted Chauvin defended his participation in a protest last summer in Washington, D.C., following online speculation about his motives for serving on the jury and whether it might be grounds for appeal. A photo, posted on social media, shows Brandon Mitchell attending the Aug. 28 event to commemorate the 1963 March on Washington.

Floyd’s brother and sister addressed the crowd. Mitchell told the Star Tribune that he was honest during jury selection.

This is a developing story, more information will be added as it comes available.


Associated Press contributed to this report

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