Derek Chauvin's Attorney Moves for New Trial, Alleges Jury and Judicial Misconduct

Derek Chauvin trial Hennepin County Government Center

Less than two weeks after a jury found him guilty on all counts for the murder of George Floyd, former Minneapolis police officer Derek Chauvin is formally requesting a new trial. His attorney, Eric Nelson, filed a motion alleging that his client was deprived of a fair trial due to a range of issues, including judicial errors, prosecutorial misconduct, and jury misconduct.

The motion argues that the intense pretrial publicity surrounding the case prejudiced the jury. Key among the complaints is Judge Peter Cahill's decision to deny a request to change the venue of the trial and to sequester the jury for its entirety. Nelson wrote that the publicity was "so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings." The filing further claims that these decisions left the jury exposed to intimidation and potential retribution, citing multiple grounds for a new trial.

The defense is also seeking a hearing to impeach the verdict, alleging that jurors felt "threatened or intimidated" and experienced "race-based pressure during the proceedings." While not named in the legal filing, this move follows public reports about juror Brandon Mitchell. A photo surfaced showing Mitchell at a Washington D.C. march commemorating Martin Luther King Jr.'s "I Have a Dream" speech, wearing a shirt with the words "get your knee off our necks." Mitchell defended his attendance, stating the event was not a protest over Floyd’s death but a commemoration. These revelations have fueled debate and led to broader questions about jury impartiality.

Additionally, Nelson alleges several errors of law at trial, including the court's jury instructions and its failure to compel testimony from Morries Hall, a key witness who was with Floyd on the day of his death but invoked his Fifth Amendment right against self-incrimination. The prosecution, led by the Minnesota Attorney General's Office, stated it would "vigorously oppose" the motion, adding that the court had already rejected many of the arguments. As legal experts have noted, filing such a motion is a standard step in the appeals process following a conviction. Chauvin was found guilty of second-degree unintentional murder, third-degree murder, and second-degree manslaughter and is currently awaiting sentencing. The motion for a new trial claims the cumulative effect of these alleged errors denied Chauvin a fair constitutional trial.