MINNEAPOLIS – The defense attorney for the former Minneapolis police officer convicted of murder in the death of George Floyd is seeking not only a new trial but also a hearing to “impeach the verdict" by investigating potential juror misconduct.
Eric Nelson's request for a new trial for Derek Chauvin is fairly routine, but the request to investigate the jury is not. Prosecutors have until Wednesday to submit written arguments in response to Nelson’s requests. It's not clear when the judge will rule.
Here’s a look at some of the issues Nelson raised.
NEW TRIAL REQUEST
Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and manslaughter in the May 25, 2020, death of Floyd, a Black man who was pinned to the ground for about 9 ½ minutes as he said he couldn’t breathe. Chauvin will be sentenced June 25.
Nelson’s request for a new trial covers everything from the extensive publicity of the case to allegations of prosecutorial misconduct, arguing the state “belittled” Nelson's defense by calling his arguments “stories.”
He takes issue with the fact that records weren't made of sidebar discussions between attorneys and the judge, and he says the court abused its discretion by not allowing a man who was with Floyd on the day he died to testify. He also takes issue with the addition of a third-degree murder charge and with the state's cumulative evidence about the use of force.
Nelson alleges all of these factors deprived Chauvin of his right to a fair trial.