Derek Chauvin’s lawyer files motion asking for NEW trial citing jury misconduct after juror was pictured at BLM protest and lied about it
Attorney Eric Nelson wrote that an abuse of discretion ‘deprived [Chauvin] of a fair trial’ in the motion filed in Hennepin County District Court in Minnesota.
‘The Court abused its discretion when it denied Defendant’s motion for a change of venue … in violation of Mr. Chauvin’s constitutional rights to a due process and a fair trial,’ Nelson wrote.
The filing also comes after the revelation of a photo showing juror Brandon Mitchell at the March on Washington in August.
Nelson also claimed that the court abused its discretion when it denied Chauvin’s motion for a new trial on the grounds that ‘publicity during the proceedings threaten[ed] the fairness of the trial.’
‘Such publicity included post-testimony, but pre-deliberation, intimidation of the defense’s expert witnesses, from which the jury was not insulated,’ Nelson wrote.
‘Not only did such acts escalate the potential for prejudice in these proceedings, they may result in a far-reaching chilling effect on the defendant’s ability to procure expert witnesses – especially in high-profile cases, such as those of Mr. Chauvin’s codefendants – to testify on their behalf.’
Nelson claimed that publicity around the case was ‘so pervasive’ and ‘so prejudicial’ that the case suffered a ‘structural defect’ in the proceedings.
This is a developing story