A request for a brand new trial is routine following a responsible verdict and infrequently mirrors points that might be raised on enchantment, mentioned Mike Brandt, a Minneapolis protection lawyer who has been carefully following the case. If this request is denied, it might probably add one other layer of choices for Nelson to enchantment. Brandt and others have mentioned Chauvin’s convictions are unlikely to be overturned.
Nelson cited many causes in his request for a brand new trial. He mentioned Choose Peter Cahill abused the discretion of the court docket and
He additionally mentioned Cahill abused his discretion when he denied an earlier request for a brand new trial based mostly on publicity in the course of the proceedings, which Nelson mentioned threatened the equity of the trial. Nelson mentioned that publicity included “intimidation” of the protection skilled witness, which he mentioned may have a “far-reaching chilling impact” on the flexibility of defendants to get skilled witnesses in high-profile instances, together with the upcoming instances of the three different former officers charged in Floyd’s dying.
“The publicity right here was so pervasive and so prejudicial earlier than and through this trial that it amounted to a structural defect within the proceedings,” Nelson wrote.
Nelson additionally took situation with Cahill’s refusal to sequester the jury for the trial or warn them to keep away from all media, and along with his refusal to permit a person who was with Floyd on the time of his arrest to testify.
Nelson mentioned Cahill additionally abused his discretion when he submitted jury directions that Nelson mentioned didn’t precisely mirror the regulation on the homicide costs and use of drive, permitted the state to current cumulative proof on use of drive, and ordered the state to guide witnesses on direct examination, amongst different issues.
Nelson additionally requested the choose for a listening to to question the decision on the grounds that the jury dedicated misconduct, felt race-based stress, felt intimidated or threatened, and/or failed to stick to jury directions, although the submitting didn’t embrace particulars about that assertion. To question a verdict is to query its validity.
The transient didn’t point out current stories that one of many jurors participated in an Aug. 28 march in Washington, D.C., to honor Martin Luther King, Jr.
That juror, Brandon Mitchell, has defended his actions, saying the occasion was to commemorate the 1963 March on Washington and was not a protest over Floyd’s dying. Floyd’s brother and sister, Philonise and Bridgett Floyd, and relations of others who had been shot by police addressed the group on the march final summer time.
Nelson didn’t instantly return a message searching for particulars about his allegation of juror misconduct.
Brandt mentioned Nelson will possible file extra detailed written arguments on these points. The aim of holding a listening to to question the decision can be to develop a factual document and current proof that would decide whether or not the decision was compromised. If a listening to is granted, it’s possible Mitchell can be referred to as in to reply questions, Brandt mentioned.