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Derek Chauvin (r.) With his lawyer Eric Nelson during the trial in late March
Photo: - / AFP
Following the guilty verdict against white ex-police officer Derek Chauvin for killing African American George Floyd, the defense has requested that the trial be reopened. As justification, attorney Eric Nelson cited legal errors and misconduct by the court and prosecutor. Because of the sum of the errors, the trial against Chauvin was not fair and thus deprived him of his constitutionally guaranteed rights, wrote Nelson in the motion dated Tuesday.
The defense failed several times during the trial with the responsible judge Peter Cahill, with requests for an immediate end to the proceedings due to alleged legal errors.
As a justification for the latest request, Chauvin's lawyer cited, among other things, that the judge had blocked a transfer of the process to another location.
In addition, Cahill failed to order a complete isolation of the jury from the outside world for the entire duration of the process, it said.
Nelson also accused the prosecutor of procedural errors.
more on the subject
Closing statement in the George Floyd case: “That wasn't police work.
That was murder. "
Previously, an earlier photo had caused a stir showing a jury wearing a T-shirt with the abbreviation “BLM” for “Black Lives Matter”.
Jury member Brandon Mitchell's photo made no mention of Nelson.
Last year's shot shows Mitchell wearing a t-shirt that says "BLM" and "Take your knee off our necks."
That could call into question the impartiality of the 31-year-old African American in the trial of the white ex-cop Derek Chauvin: The slogan was often seen in the nationwide protests against racism and police violence after Floyd's death.
Chauvin had the arrested African American on May 25, 2020 in Minneapolis on the knee for nine and a half minutes, although Floyd repeatedly complained of being unable to breathe.
Answers were "technically correct"
Mitchell had indicated in the preselection of the jury in the trial of Chauvin that he did not take part in demonstrations against police violence.
After the photo emerged, the basketball coach told local media that the picture was taken last August on the sidelines of a rally on the anniversary of the famous "I Have a Dream" speech by civil rights activist Martin Luther King in the capital, Washington.
The jury expert Jeffrey Frederick told the AFP news agency that Mitchell's answers were "technically correct" because it was officially a commemorative event.
The presiding judge of the trial could now question Mitchell again and check whether he was biased and possibly lied.
Frederick and another expert found it unlikely that Mitchell's guilty verdict could be overturned.
There are high hurdles for such a step.
The twelve jurors unanimously found Chauvin guilty on April 20 on all three counts, including second-degree murder.
The sentence is due to be announced on June 25th.
Originally, June 16 was scheduled.
Second degree murder carries a maximum sentence of 40 years.
cop / dpa / AFP
