JUSTICE

Derek Chauvin’s attorney files motion for new trial

May 4, 2021, 5:01 PM
retrial Derek Chauvin...
An attorney for Derek Chauvin filed a motion for a new trial on Tuesday. Photo: Minnesota Department of Corrections
Originally Published: 04 MAY 21 18:13 ET
Updated: 04 MAY 21 18:49 ET

(CNN) — An attorney for Derek Chauvin filed a motion for a new trial on Tuesday.

The former Minneapolis police officer was convicted on April 20 of second degree unintentional murder, second degree manslaughter and third degree murder in the death of George Floyd.

The motion, filed by attorney Eric Nelson, cites factors including “the interests 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.”

Those include allegations of errors made by the judge, prosecutorial misconduct, witness intimidation and the impact of publicity.

“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 wrote.

The court also “abused its discretion” in not granting a change of venue or sequestering the jury, Nelson wrote.

Nelson also wrote the prosecutors committed misconduct “including but not limited to: disparaging the Defense; improper vouching; and failing to adequately prepare its witnesses.”

This is a developing story.

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Derek Chauvin’s attorney files motion for new trial