Derek Chauvin, ex-officer who killed Floyd, asks for a retrial

By Efe | 2021-05-05
Derek Chauvin, the ex-cop who killed George Floyd in May last year, filed a motion Tuesday to request a new trial in the case, after he was convicted of three counts in the African-American’s death on April 20. The motion, filed by defence attorney Eric Nelson in a Minneapolis (Minnesota, USA) court, argues that during the Chauvin trial there was an “abuse of discretion that deprived the defendant of a fair trial, prosecutorial and jury misconduct, errors of law at trial, and a verdict contrary to law”. “The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the process,” Nelson wrote. According to counsel, prosecutors committed misconduct such as “disparaging the defence, improperly vouching, and failing to adequately prepare their witnesses.” Chauvin, 45, was convicted of second-degree manslaughter, punishable by up to 40 years in prison; third-degree murder, with a maximum sentence of 25 years; and second-degree manslaughter, which carries up to 10 years in prison and a $20,000 financial penalty. The ex-officer was caught on video kneeling for more than nine minutes on Floyd’s neck, who was handcuffed and pinned face down on the ground and pleading, “I can’t breathe”. During the trial, Nelson assured the jury that Chauvin “did not use unlawful force on purpose.” “This was not a chokehold,” he said, and justified the actions of Chauvin and the other police officers who kept Floyd on the ground. According to Nelson, Floyd’s heart condition and his drug use were decisive factors: “They’re trying to convince them that Mr. Floyd’s heart condition played no role (…) I’m not suggesting that this was a death by overdose (…), but it’s absurd to say that it didn’t play a role. Chauvin’s sentencing will be announced on 16 June, according to a notice from the Hennepin County (Minnesota) court where Chauvin was tried.

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