Derek Chauvin sentencing: Judge denies attorney's motion for a new trial
Derek Chauvin is set to appear in Hennepin County Courthouse in Minneapolis for his sentencing in the murder of George Floyd on Friday, June 25. Geroge Floyd's death had sparked worldwide protests and gave the Black Lives Matter movement its renewed zeitgeist. Chauvin was convicted on April 20, 2021 for multiple charges including second-degree unintentional murder, third-degree murder, and second-degree manslaughter for his role in Floyd's death.
The judge presiding over Derek Chauvin's sentencing has denied the former cop's attorney's motion for a new trial. The judge, Peter Cahill has also refused a hearing on jury misconduct. Derek Chauvin is looking at 40 years in prison for the 'murder of a black man' that outraged the world.
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Derek Chauvin's attorney Eric Nelson had requested a new trial after one of the jurors on the case, Brandon Mitchell, reportedly attended an anti-police protest last summer. Nelson requested a new trial on grounds of "the interest of justice; abuse of discretion that deprived the Defendant of a fair trial; prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.” Brandon Mitchell was one of the 12 jurors who convicted Chauvin in the killing of George Floyd. Mitchell reportedly attended a protest on August 28, 2020, while wearing a t-shirt with the words ‘GET YOUR KNEE OFF OUR NECKS’ on the front.
Denying the motion for a new trial, judge Peter Cahill wrote that Chauvin "failed to demonstrate that the Court abused its discretion or committed error such that Defendant was deprived of his constitutional right to a fair trial". The request for a new trial is different from an appeal. Post the sentencing, Derek Chauvin will have 90 days to appeal.
A criminal defense attorney, Jonna Spilbor, alleged that the BLM-supporting juror, Brandon Mitchell lied to get on the jury. According to Spilbor, "I think what we have here is somebody who lied to get on jury duty, specifically for this case, because we now have newly discovered information that a person on the jury is either a member of, or proponent of [Black Lives Matter]. You cannot have a member of BLM on this particular jury any more than you could put a mother against drunk driving on a DWI trial. You absolutely cannot do that."