Attorney Eric Nelson applied to a Minnesota court claiming that a new trial should be granted in the pursuit of justice and because abuse of secrecy had denied Chauvin of a fair trial. He also disputes that Chauvin’s sentence was infected by prosecutorial and jury misconduct, errors of law at the trial and that the conviction was against the law.
Chauvin was convicted last month in the 2020 death of George Floyd, who could not breathe while being pinned to the ground by Chauvin following an arrest. Floyd was suspected of using counterfeit money in a Minneapolis store. A jury convicted Chauvin of second-degree murder, third-degree murder, and second-degree manslaughter.
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In support of his request, Nelson asserted several issues that he said would have influenced the result of Chauvin’s trial including the denial to move the trial over affairs of a prejudiced jury pool or failing to sequester the jury. He also said that Judge Peter Cahill abused his discretion when he refused a separate motion for a new trial over concerns that the publicity during the case could have influenced the jurors’ judgment.
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“The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings,” Nelson wrote.
Other concerns include claimed errors by the judge throughout the trial such as when Cahill offered instructions to the jury that failed to “accurately reflect the law with respect to second-degree unintentional murder, third-degree murder, and authorized use of force.”
He also affirmed that the prosecutors had performed misconduct including defaming the defense, inappropriate vouching, and failing to sufficiently prepare its witnesses.
“The cumulative effect of the multiple errors in these proceedings deprived Mr. Chauvin of a fair trial, in violation of his constitutional rights,” he said.
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Nelson is asking the court to order a hearing to impeach the verdict because the jury “committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations, in violation of Mr. Chauvin’s constitutional rights to due process and a fair trial.”
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The request comes days after prosecutors filed a legal brief arguing that Chauvin should be given a higher sentence due to a series of aggravating factors.
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The worsening factors, they said, include Floyd being “a particularly vulnerable victim”; Floyd being “treated with particular cruelty”; Chauvin abusing his role of authority; Chauvin perpetrating the crime as part of a group of three or more persons; and the fact that multiple children were present when the crime was committed.
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