According to documents filed Thursday, the former Minneapolis police officer convicted of murder in the death of George Floyd intends to appeal his sentence and sentence, saying the judge abused his discretion or made a mistake during several key points in the case. Of.
Derek Chauvin said he intends to appeal on 14 grounds. Among them, he claims that Judge Peter Cahill had abused his discretion when he denied Chauvin’s request to move the trial out of Hennepin County because of pretrial publicity.
He also claimed that the judge abused his discretion when he declined requests to set the jury aside for the duration of the trial, and when he denied requests to adjourn the trial or grant a new one.
Chauvin was indicted earlier this year on state charges of second-degree unintentional manslaughter, third-degree manslaughter and second-degree manslaughter in the 2020 death of Floyd. He was sentenced to 22 1/2 years – a sentence of more than 12 1/2 years after the judge agreed with prosecutors that there were serious factors in Floyd’s death.
Chauvin has also been charged with violating Floyd’s civil rights in federal court when he knelt on the black man’s neck for nearly 9 1/2 minutes as Floyd was facing on the sidewalk, not protesting. was staying and begging for air. He has pleaded not guilty to those charges.
Chauvin had 90 days from his sentencing to file a notice that he would like to appeal. In addition to his notice, he also filed a motion to stay the appeals process until the Supreme Court reviewed an earlier decision refusing a public defender to represent him in his appeal.
In an affidavit filed Thursday, Chauvin said he has no attorney in the appeals process, and has no income other than modest prison wages. His case before Cahill was funded by the Legal Defense Fund of the Minnesota Police and Peace Officers Association. Chauvin wrote: “I have been informed that his obligation to pay for my representation has ceased upon my conviction and sentence.”
All of the grounds Chauvin raised in his notice of intent to appeal were previously raised by defense attorney Eric Nelson as the case worked through district court.
Nelson had previously argued that the intense publicity surrounding Floyd’s death tarnished the jury pool and that the trial should have been dropped from Minneapolis. There were reports in February that Chauvin was set to plead guilty to third-degree murder and an announcement during jury selection that Minneapolis had settled a $27 million settlement with Floyd’s family. Furthermore, the fatal shooting of Don’t Wright by a police officer in the nearby Brooklyn Center occurred during Chauvin’s trial and sparked days of protests.
Chauvin’s court also said that the district court concluded that Morris Hall, the man who accompanied Floyd on the day of his arrest, would not be compelled to testify on behalf of the defense. He also said that the court made a mistake when it allowed prosecutors to present cumulative evidence on the use of force.
Chauvin said he also wanted to argue that Cahill abused his discretion when he failed to allow Chauvin to attack “clearly biased” jurors for reason, when he called the state third-degree. The charge of murder was allowed to be added, when he limited the admissibility of the evidence. From Floyd’s prior arrest, and when he declined a request for a new trial following Nelson’s decision and requested a hearing to question jurors investigating alleged misconduct.
Nelson accused jury Brandon Mitchell of not being clear during jury selection because he did not mention his participation in a march in 2020 to honor the Rev. Martin Luther King Jr. Prosecutors said Michel was open about his views on the jury questionnaire. and during jury interrogation.
The judge ruled that the defense established no evidence of jury misconduct during trial or during jury selection, which required an explicit hearing.