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Derek Chauvin — the previous Minneapolis police officer convicted of second-degree homicide, third-degree homicide, and second-degree manslaughter within the dying of George Floyd in Could 2020 — has filed one other transient within the attraction course of.
The reply transient, filed by his attorneys on Friday, argues that Chauvin by no means had an opportunity to obtain a good trial for a number of causes, together with violent riots earlier than and in the course of the trial, countless damaging media protection, a scarcity of a “cooling interval,” and one supposedly activist juror who “lied” on his jury type.
Based on the transient, the riots that erupted in 2020 after the dying of George Floyd “poisoned the jury in opposition to” Chauvin and that the lingering menace that the rioting would escalate within the occasion of an acquittal practically assured Chauvin’s conviction. Citing a 1997 case wherein one other police officer killed a suspect, the transient argues that no circumstance may very well be “extra prejudicial … than that of a juror discovering that the Metropolis she or he resides in is bracing for a riot … within the occasion the defendant on whose jury you sit is acquitted.”
Chauvin’s attorneys likewise blame the media and numerous regulation enforcement our bodies within the state of Minnesota for both wittingly or unwittingly tainting the jury. They wrote that media “protection glorified Floyd and demonized Chauvin,” that numerous information retailers “falsely” reported that Chauvin “had his knee on Floyd’s neck thereby choking Floyd,” and that “pretrial publicity held up Chauvin because the image of police brutality.”
The Minneapolis Police Chief and the pinnacle of the Division of Public Security in Minnesota, the attorneys imagine, additionally unnecessarily prejudiced a jury in opposition to Chauvin since each referred to the incident as a “homicide” inside weeks of Floyd’s dying.
The transient additionally condemns the state’s eagerness to expedite the authorized course of in opposition to Derek Chauvin. Moderately than allowing a “cooling interval” to permit feelings to settle, the transient claims that “the courtroom hastened Chauvin’s trial.”
“It isn’t mere hypothesis to anticipate that permitting an extended, cheap period of time would permit the group to really feel much less of the stress from fallout from the Floyd riots,” the transient states.
Lastly, the transient factors out that one juror, Brandon Mitchell, who has since publicly recognized himself, “lied” on the pre-trial jury questionnaire “concerning his views of the case and the extent of his activism.” Although Mitchell checked “No” when requested whether or not he had ever advocated for police reform or demonstrated “about police use of drive or police brutality,” the transient claims that Mitchell actively participated in no less than one George Floyd-themed demonstration and might even be seen carrying a t-shirt with the message “BLM * Get Your Knee Off Our Necks.”
Mitchell claims to not bear in mind carrying the shirt. He additionally did admit on the jury questionnaire that he held a “[v]ery favorable opinion” of Black Lives Matter and wrote: “Though I do imagine officers[’] lives matter, I really feel just like the idea ‘Blue Lives Matter’ solely grew to become a factor to fight Black Lives Matter, whereas it shouldn’t be a contest.”
Chauvin’s transient additionally presents a number of authorized arguments about whether or not the previous police officer might even be charged with felony homicide and whether or not the decide presiding over the case denied the protection a chance to submit key proof.
Chauvin is presently serving a sentence of twenty-two.5 years. The submitting asks for 3 attainable outcomes within the attraction: a reversal of Chauvin’s convictions, a retrial, or resentencing. Chauvin’s attorneys submitted it in response to a submitting made by the state early final month, arguing that justice had been served within the case.
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