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Derek Chauvin's attorney has filed a motion seeking a new trial

Derek Chauvin's attorney has filed a motion seeking a new trial
DOUG: THE EYEOPENER’S JENNIFER EAGAN IS TRACKING ALL THE OVERNIGHT DEVELOPMENTS FROM THE NEWSROOM. JEN, WHERE DO THINGS STAND RIGHT NOW? JENNIFER: AT THIS HOUR, THAT FORMER OFFICER IS BEHIND BARS. HIS BAIL REVOKED, AS HE STANDS GUILTY ON ALL COUNTS. A JURY TOOK JUST TEN HOURS TO REACH THAT VERDICT, CONVICTING DEREK CHAUVIN ON SECOND-DEGREE MURDER, THIRD-DEGREE MURDER AND SECOND-DEGREE MANSLAUGHTER. HE’S EXPECTED TO BE SENTENCED IN EIGHT WEEKS. AND WHILE SENTENCING GUIDELINES DIFFER FOR EACH CHARGE, HE COULD FACE DECADES IN PRISON. GEORGE FLOYD’S FAMILY, OVERCOME WITH EMOTION AS THEY WATCHED THAT VERDICT BEING READ FROM HOUSTON. IT COMES NEARLY A YEAR AFT VIDEO SHOWED THEN-OFFICER CHAUVIN KNEELING ON FLOYD’S NECK FOR MORE THAN 9 MINUTES, FLOYD SAYING I CAN’T BREATHE MORE THAN 20 TIMES. FLOYD’S FAMILY EXPRESSED RELIEF AT THE GUILTY VERDICTS, BUT ALSO MADE IT CLEAR, THE FIGHT FOR RACIAL JUSTICE IN THIS COUNTRY IS FAR FROM OVER >> A LOT OF DAYS THAT I PRAY AND I HOPE. I WAS SPEAKING EVERYTHING INTO EXISTENCE. I HAVE FAITH THAT HE WILL BE CONVICTED. >> THIS DAY IN HISTORY PROVES THAT IT WAS A TURNING POINT. >> PEOPLE CAN CELEBRATE, BUT TOMORROW, IT IS BACK TO BUSINESS. JENNIFER: FOLLOWING THE VERDICT, DEREK CHAUVIN WAS HANDCUFFED AND TAKEN INTO CUSTODY. AHEAD AT 5:30 A.M., WHAT WE K
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Derek Chauvin's attorney has filed a motion seeking a new trial
The defense attorney for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, saying the court abused its discretion on several points and that the verdict should be impeached because of jury misconduct, according to a court document filed Tuesday.Derek Chauvin, who is white, was convicted last month of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 25 death of Floyd. Evidence at trial showed Chauvin pressed his knee against Floyd’s neck for 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless.Defense attorney Eric Nelson cited many reasons in his request for a new trial. He said Judge Peter Cahill abused the discretion of the court and violated Chauvin’s right to due process and a fair trial when he denied Nelson’s request to move the trial to another county due to pretrial publicity.He also said Cahill abused his discretion when he denied an earlier request for a new trial based on publicity during the proceedings, which Nelson said threatened the fairness of the trial. Nelson also took issue with Cahill’s refusal to sequester the jury for the trial or admonish them to avoid all media, and with his refusal to allow a man who was with Floyd at the time of his arrest to testify.Nelson asked the judge to impeach the verdict on the grounds that the jury committed misconduct, felt pressured, and/or failed to adhere to jury instructions, though the filing did not include details about that assertion. To impeach a verdict is to question its validity.The brief did not mention recent reports that one of the jurors participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King, Jr.That juror, Brandon Mitchell, has defended his actions, saying the event was to commemorate the 1963 March on Washington and was not a protest over Floyd's death. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who had been shot by police addressed the crowd at the march last summer.Nelson did not immediately return a message seeking details on his allegation of juror misconduct.

The defense attorney for the former Minneapolis police officer convicted of killing George Floyd has requested a new trial, saying the court abused its discretion on several points and that the verdict should be impeached because of jury misconduct, according to a court document filed Tuesday.

Derek Chauvin, who is white, of second-degree unintentional murder, third-degree murder and second-degree manslaughter in the May 25 death of Floyd. Evidence at trial showed Chauvin pressed his knee against Floyd’s neck for 9 1/2 minutes as the Black man said he couldn’t breathe and went motionless.

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Defense attorney Eric Nelson cited many reasons in his request for a new trial. He said Judge Peter Cahill abused the discretion of the court and violated Chauvin’s right to due process and a fair trial when he denied Nelson’s request to move the trial to another county due to pretrial publicity.

He also said Cahill abused his discretion when he denied an earlier request for a new trial based on publicity during the proceedings, which Nelson said threatened the fairness of the trial.

Nelson also took issue with Cahill’s refusal to sequester the jury for the trial or admonish them to avoid all media, and with his refusal to allow a man who was with Floyd at the time of his arrest to testify.

Nelson asked the judge to impeach the verdict on the grounds that the jury committed misconduct, felt pressured, and/or failed to adhere to jury instructions, though the filing did not include details about that assertion. To impeach a verdict is to question its validity.

The brief did not mention recent reports that one of the jurors participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King, Jr.

That juror, Brandon Mitchell, has defended his actions, saying the event was to commemorate the 1963 March on Washington and was not a protest over Floyd's death. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relatives of others who had been shot by police addressed the crowd at the march last summer.

Nelson did not immediately return a message seeking details on his allegation of juror misconduct.