Derek Chauvin to Appeal Conviction, Sentence in Floyd’s Death

MINNEAPOLIS (AP) — The former Minneapolis police officer convicted of murder in George Floyd’s death intends to appeal his conviction and sentence, saying the judge abused his discretion or erred during several key points in the case, according to documents filed Thursday.

Derek Chauvin said he intends to appeal on 14 grounds. Among them, he claims Judge Peter Cahill abused his discretion when he denied Chauvin’s request to move the trial out of Hennepin County due to pretrial publicity.

In an affidavit filed Thursday, Chauvin said he has no attorney in the appeals process, and has no income aside from nominal prison wages. His case before Cahill was funded by the Minnesota Police and Peace Officers Association’s legal defense fund. Chauvin wrote: “I have been informed that their obligation to pay for my representation terminated upon my conviction and sentencing.”

AP

Among the assertions in Chauvin’s appeal and aspects of the trial he pointed to:

  • The court “abused its discretion” when denying the defense’s motion for a change of venue, sequestration of the jury for the entire trial, a continuance and a new trial.
  • There was “prejudicial prosecutorial misconduct” committed by state prosecutors.
  • The court’s decision to allow Morries Hall, who was with Floyd the night of his death, to not testify.
  • The court’s decision to deny the presentation of “cumulative evidence with respect to use of force.”
  • The court’s order for state prosecutors “to lead witnesses on direct examination.”
  • The court’s alleged failure to make an official record of sidebar conferences throughout the trial.
  • The court’s alleged failure in allowing the defense to strike “clearly biased jurors during voir dire (jury selection)”
  • The court’s allowing the added third-degree murder charge.
  • The court’s decision to limit and “undercut” the admission into evidence of Floyd’s May 6, 2019 arrest.
  • The court’s denial of the defense’s “post-verdict motion for a new trial due to juror misconduct.”

Chauvin also pleaded not guilty last week to a federal charge of violating the civil rights of a teen in a 2017 case that involved a restraint that was similar to the one he used on Floyd.

CBS News

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