Derek Chauvin's Attorney Cites These 10 Reasons For New Trial

MINNEAPOLIS — Eric Nelson, the defense attorney for former Minneapolis police officer Derek Chauvin, filed a motion Tuesday for a new trial in the killing of George Floyd.

Nelson said the court abused its authority and that the state committed misconduct during the trial, and that the April 20 verdict should be thrown out.

Chauvin, 45, was convicted of second-degree murder, third-degree murder, and second-degree manslaughter in Floyd's death on Memorial Day 2020.

Nelson cited 10 reasons why Chauvin deserves a new trial. "The cumulative effect of the multiple errors in these proceedings deprived Mr. Chauvin of a fair trial, in violation of his constitutional rights," Nelson wrote.

Here are the 10 "errors" Nelson cited in his motion:

1. The court wrongly denied Nelson's motion to move the trial outside of Hennepin County.

2. The court wrongly denied Nelson's motion for a new trial on the grounds that news coverage and publicity threatened the fairness of the trial.

3. The court wrongly chose not to sequester the jury during the entire trial, or at least "admonish them to avoid all media," which resulted in jury exposure to "prejudicial publicity," "jury intimidation" and "potential fear of retribution among jurors."

4. The state prosecutors committed "pervasive, prejudicial prosecutorial misconduct" when they disparaged the defense, conducted improper vouching, and failed to adequately prepare their witnesses

5. The court wrongly allowed Morries Hall — who was with Floyd on the day he died — not to testify. Hall received a subpoena to testify in Chauvin's trial, but he was allowed to plead his Fifth Amendment right to avoid self-incrimination and did not take the stand.

6. The court submitted 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.

7. The court wrongly allowed state prosecutors to present cumulative evidence on the use of force by police officers

8. The court wrongly ordered the state to lead witnesses on direct examination.

9. The court wrongly chose not to order that a record be made of the "numerous" sidebars that occurred during the trial.

10. The cumulative effect of the multiple errors in the trial led to an unfair trial for Chauvin.

The state plans to fight any appeals from Nelson.

"The court has already rejected many of these arguments and the State will vigorously oppose them," John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, told Patch in an email.

Nelson on Tuesday also motioned for a hearing to impeach the verdict "on the grounds that 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."

Nelson's appeal comes after media reports that Brandon Mitchell, known as "juror 52" in the Chauvin trial, attended the March on Washington anniversary last summer. The identities of jurors are kept private, but Mitchell chose to reveal himself when he began speaking to the media about the verdict in the case.

A photo from Mitchell's visit to D.C. — shared by the International Business Times — showed Mitchell wearing a T-shirt that read "GET YOUR KNEE OFF OUR NECKS" and "BLM."

The photo fueled speculation that Mitchell was not forthcoming about his political activism when he was being interviewed as a potential juror. Mitchell told the court he could be an impartial juror.

At issue is a pretrial juror questionnaire that all jurors were asked to fill out. Mitchell said he answered "no" when asked if he participated in protests about police use of force or police brutality. Mitchell said the anniversary march was not about Floyd.

"I'd never been to D.C.," Mitchell told the Star Tribune after the photo surfaced. "The opportunity to go to D.C., the opportunity to be around thousands and thousands of Black people; I just thought it was a good opportunity to be a part of something."

Floyd's brother and sister, Philonise and Bridgett Floyd, spoke at the rally in D.C., the Star Tribune reported.