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Derek Chauvin's Lawyer Files Motion And Has Demanded New Trial

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Derek Chauvin's Lawyer Files Motion And Has Demanded New Trial

The lawyer for George Floyd's murderer, Derek Chauvin, has filed a motion asking for a new trial.

The former Minneapolis police officer was found guilty last month of all three charges relating to the murder and manslaughter of Floyd last year.

However, Chauvin's attorney, Eric J. Nelson has launched a bid to get that conviction overturned.

Nelson's legal argument for the new trial is based on 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'.

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Credit: PA
Credit: PA

Documents submitted as part of the legal challenge state Nelson also believes the court 'abused its discretion' for not approving the defence's request to change the venue of the original trial.

Nelson wrote in the motion (via CNN): "The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings."

Nelson tried to argue during the trial that the jury could be affected in their decision making by the news about the case.

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The jurors were urged not to watch the news and Judge Peter Cahill rejected the defence attorney's suggestion.

The jury was eventually sequestered after the closing arguments, which is when jurors are isolated to prevent their decision from being tainted.

Nelson's legal motion accused the jury of misconduct, and said they were pressured and didn't follow jury instructions.

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Chauvin's attorney Eric Nelson. Credit: PA
Chauvin's attorney Eric Nelson. Credit: PA

In the wake of the legal challenge being filed, George Floyd's family lawyer Ben Crump said in a statement on Twitter: "No. No. No. Guilty. Guilty. Guilty."

Floyd was killed in May last year when Chauvin knelt on his neck for more than eight minutes during an arrest.

Despite the man's pleas that he couldn't breathe and the growing crowd, the now-former police officer continued to press into Floyd's neck until he lost consciousness.

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He later died as a result of the incident.

Chauvin was found guilty of second degree unintentional murder, third degree murder, and second degree manslaughter on 20 April.

The verdict handed down unanimously by the jury in Chauvin's trial is a landmark case for many reasons, but specifically because it represents the first time that a white police officer has been convicted of murdering a black citizen in the state of Minnesota.

Featured Image Credit: PA

Topics: News, George Floyd, US News

Stewart Perrie
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