Derek Chauvin’s lawyer files motion asking for NEW trial citing jury misconduct
a day after it emerged juror lied about being at BLM protest
Attorney Eric Nelson wrote that the court ‘deprived [Chauvin] of a fair trial’ in a motion
filed in Hennepin County District Court in Minnesota
‘The Court abused its discretion when it denied Defendant’s motion for a change
of venue in violation of Mr. Chauvin’s constitutional rights to a due process and
a fair trial,’ Nelson wrote.
The filing comes just one day it emerged that juror Brandon Mitchell attended a
rally last summer where George Floyd’s relatives addressed the crowd, despite telling
the court he’d never been at a protest.
Mitchell, a high school basketball coach, was pictured at the March on Washington
event wearing a T-shirt with a picture of King and the words,
‘GET YOUR KNEE OFF OUR NECKS’ and ‘BLM’.
Experts say the revelation could be grounds for the cop’s appeal, but Nelson’s motion
did not specifically mention the photo or juror among his list of grievances
Nelson claimed that the court abused its discretion when it denied Chauvin’s motion
for a new trial on the grounds that ‘publicity during the proceedings threaten[ed]
the fairness of the trial.’
‘Such publicity included post-testimony, but pre-deliberation, intimidation of the
defense’s expert witnesses, from which the jury was not insulated,’ Nelson wrote.
‘Not only did such acts escalate the potential for prejudice in these proceedings,
they may result in a far-reaching chilling effect on the defendant’s ability to procure
expert witnesses – especially in high-profile cases, such as those of Mr. Chauvin’s
codefendants – to testify on their behalf.’
Nelson claimed that publicity around the case was ‘so pervasive’ and ‘so prejudicial’
that the case suffered a ‘structural defect’ in the proceedings.