Chauvin to appeal Floyd’s conviction and death penalty
MINNEAPOLIS (AP) – The former Minneapolis cop convicted of murder in the death of George Floyd intends to appeal his conviction and sentence, claiming the judge abused his discretion or committed a error on several key points of the case, according to documents filed Thursday.
Derek Chauvin said he intended to appeal on 14 grounds. Among them, he claims Judge Peter Cahill abused his discretion when he rejected Chauvin’s request to move the trial out of Hennepin County due to pre-trial publicity.
He also claimed that the judge abused his discretion when he refused a request for jury sequestration for the duration of the trial and when he refused requests to postpone the trial or grant a new one.
Chauvin was convicted earlier this year of state charges of unintentional second degree murder, third degree murder and second degree manslaughter in Floyd’s death in 2020. He was sentenced at 22.5 – more than the presumption of 12.5 years after the judge agreed with prosecutors that there were aggravating factors in Floyd’s death.
Chauvin is also charged in federal court with violating Floyd’s civil rights when he knelt on the black man’s neck for about nine and a half minutes while Floyd was face down on the sidewalk, ne not resisting and begging for air. He has pleaded not guilty to these charges.
Chauvin had 90 days from his conviction to file a notice indicating that he intended to appeal. In addition to his opinion, he also filed a motion to stay the appeal process until the Supreme Court reconsiders an earlier decision denying him a public defender to represent him in his appeal.
In an affidavit filed Thursday, Chauvin said he did not have a lawyer in the appeal process and that he had no income outside of nominal prison pay. His case before Cahill was funded by the Minnesota Police and Peace Officers Association legal defense fund. Chauvin wrote: “I was informed that their obligation to pay for my performance ended upon my conviction and conviction. “
All of the grounds that Chauvin raised in his notice of intention to appeal had previously been raised by defense attorney Eric Nelson as the case progressed in district court.
Nelson had previously argued that intense publicity around Floyd’s death tainted the jury and that the trial should have been moved away from Minneapolis. There was reports in February that Chauvin was ready to plead guilty to third degree murder and an announcement during jury selection that Minneapolis had struck a $ 27 million deal with Floyd’s family. Additionally, Daunte Wright’s fatal shooting by a police officer in the nearby Brooklyn Center occurred during Chauvin’s trial and sparked days of protests.
The Chauvin court record also indicated that the district court erred in concluding that Morries Hall, the man who was with Floyd on the day of his arrest, would not be required to testify on behalf of the defense. He also said the court erred in allowing prosecutors to present cumulative evidence of the use of force.
Chauvin said he also intended to argue that Cahill abused his discretion when he did not allow Chauvin to strike “clearly biased” jurors for good cause, when he allowed the state to add a third degree murder charge when it limited the admissibility of evidence. of Floyd’s earlier arrest, and when he denied Nelson’s post-verdict request for a new trial and a request for a hearing to question jurors to investigate alleged misconduct.
Nelson had accused juror Brandon Mitchell of not being frank during jury selection because he did not mention his participation in a march in 2020 to honor Reverend Martin Luther King Jr. Prosecutors replied that Mitchell had been open about his opinions in a jury questionnaire. and during the questioning of jurors.
The judge ruled that the defense had established no evidence of juror misconduct during the trial or during jury selection that warranted a hearing of the evidence.
Find full AP coverage of George Floyd’s death at: https://apnews.com/hub/death-of-george-floyd
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