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Tue May 4, 2021, 06:39 PM

Derek Chauvin files motion for new trial in George Floyd case, alleging jury misconduct

Source: NBC News

Chauvinís attorney, Eric Nelson, filed the request alleging that the former officer's ability to have a fair trial was affected by pretrial publicity.

Former Minneapolis police officer Derek Chauvin filed an appeal for a new trial Tuesday after being convicted last month of murdering George Floyd.

Chauvinís attorney, Eric Nelson, filed the request alleging that Chauvin's ability to have a fair trial was affected by pretrial publicity. The motion alleges that the court abused its discretion by denying the requests for a change in venue and a new trial.

Since the court failed to sequester the jury or "admonish them to avoid all media," they were not only subjected to prejudicial publicity but also "jury intimidation or potential fear of retribution," Nelson's filing said.



Read more: https://www.nbcnews.com/news/nbcblk/derek-chauvin-files-motion-new-trial-george-floyd-case-alleging-n1266341



This is a developing story; check back for updates.

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Reply Derek Chauvin files motion for new trial in George Floyd case, alleging jury misconduct (Original post)
Rhiannon12866 May 4 OP
Ocelot II May 4 #1
Siwsan May 4 #2
Budi May 4 #3
Rhiannon12866 May 4 #4
Moostache May 4 #5
LittleGirl May 5 #47
JohnnyRingo May 4 #6
mucifer May 4 #7
JohnnyRingo May 4 #39
onenote May 4 #12
JohnnyRingo May 4 #40
bluestarone May 4 #8
onenote May 4 #9
localroger May 4 #26
ShazzieB May 4 #36
abqtommy May 4 #10
bdamomma May 4 #11
Irish_Dem May 4 #13
msfiddlestix May 4 #15
Irish_Dem May 4 #19
msfiddlestix May 4 #22
Irish_Dem May 4 #23
msfiddlestix May 4 #25
Irish_Dem May 4 #31
msfiddlestix May 4 #32
Yo_Mama_Been_Loggin May 4 #14
JohnSJ May 4 #16
questionseverything May 4 #17
JohnSJ May 4 #20
Raine May 4 #28
Raine May 4 #27
brush May 4 #33
Raine May 4 #42
brush May 4 #44
MichMan May 5 #52
Deminpenn May 5 #48
onenote May 4 #41
JohnSJ May 4 #43
onenote May 5 #50
JohnSJ May 5 #51
Rocknation May 4 #18
azureblue May 4 #29
Fullduplexxx May 4 #21
Aussie105 May 4 #24
Blue Owl May 4 #30
truthisfreedom May 4 #34
marble falls May 4 #35
Pas-de-Calais May 4 #37
onenote May 4 #38
BradAllison May 4 #45
ailsagirl May 5 #46
Dawson Leery May 5 #49

Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 06:40 PM

1. That's not likely to go anywhere.

Abuse of discretion is a pretty tough standard of review for an appeal, which he's trying to set up.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 06:42 PM

2. Pretty much 'as anticipated'

If they were so worried about jury contamination/intimidation, perhaps they should have opted for a directed verdict.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 06:43 PM

3. All anyone needed to see was the video.

Nothing, NOTHING could have predjudiced those 9 minutes.

Evidence was Chauvin's own appalling behavior.

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Response to Budi (Reply #3)

Tue May 4, 2021, 06:45 PM

4. Oh, I agree with you.

And the witnesses were devastating.

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Response to Budi (Reply #3)

Tue May 4, 2021, 06:48 PM

5. This is the truth, the whole truth and nothing but the truth forever in this case...

There are two elements to this that locked in Chauvin's guilt.

1) it is so clearly excessive and deadly that it is painful for moral people to watch, its traumatizing because empathetic humans do not like to watch snuff films.

2) Chauvin's sneering veneer in the still photos from his time murdering George Floyd are more than enough ALONE to know that his guilt was not really in dispute.

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Response to Moostache (Reply #5)

Wed May 5, 2021, 05:32 AM

47. Completely agree there

with your two points. Those two points are what did him in.
Nobody likes to watch someone take their last breath with that smug faced piece of shit kneeling on his neck!
There was no remorse.
Go to Jail Chauvin!
Rot the rest of your life there.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 06:55 PM

6. They call it jury shopping.

To get a sympathetic white jury pool, Chauvin will try to get a change of venue to an upper class suburban location. It may not help, but his odds suddenly become better.

On second thought, he may just go for a county that voted 90+% for Donald Trump.

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Response to JohnnyRingo (Reply #6)

Tue May 4, 2021, 07:10 PM

7. It's a bit too late for all that

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Response to mucifer (Reply #7)

Tue May 4, 2021, 10:04 PM

39. Probably so....

..unless he gets a new trial.

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Response to JohnnyRingo (Reply #6)

Tue May 4, 2021, 07:36 PM

12. Not going to happen.

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Response to onenote (Reply #12)

Tue May 4, 2021, 10:06 PM

40. You're probably right

Unless he gets his new trial.
Then they can go for a venue change to somewhere more friendly to that Thin Blue Line.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:12 PM

8. Well then why didn't he testify himself

And point that out?

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Response to bluestarone (Reply #8)

Tue May 4, 2021, 07:29 PM

9. Because it wouldn't have been relevant testimony.

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Response to bluestarone (Reply #8)

Tue May 4, 2021, 08:26 PM

26. If he had testified, it would have opened up all kinds of embarrassing lines of questioning

For example, the fact that he'd done this before would have probably come out. Also he is not a very sympathetic witness. You can tell he was coached to do his best (all the "taking notes" was meant to demonstrate interest, but he didn't sell it and he just looked more interested in the notepad than the trial). But he just can't hide his own arrogance. It's become too much of a habit for him.

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Response to localroger (Reply #26)

Tue May 4, 2021, 09:46 PM

36. That degree of narcissism is impossible to hide.

You're right about the arrogance being readily discernible. People like that don't know how to hide it. When you think you're better, more important, and smarter than everyone else, you don't think anyone has the intelligence to see through your facade.

His "above it all" self-estimation was abundantly apparent in the video as well. He wasn't fooling anyone on that score.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:32 PM

10. Well, Derek, next time you commit a murder make sure it's not recorded on video

and audio! As far as I'm concerned, the jury you're complaining about gave you exactly
what you deserve.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:34 PM

11. the facts are the facts

what we saw was murder.

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:37 PM

13. The entire world saw the video. The only venue left to him is Mars.

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Response to Irish_Dem (Reply #13)

Tue May 4, 2021, 07:45 PM

15. Indeed! Chuckling here, but it's true! The only venue left to him is Mars!

Or maybe Venus, but hell, we got stuff up on Mars... could set up court there.

hee, hee..

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Response to msfiddlestix (Reply #15)

Tue May 4, 2021, 08:10 PM

19. Right, let the Martians deal with Chauvin.

See how that works out for him.

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Response to Irish_Dem (Reply #19)

Tue May 4, 2021, 08:15 PM

22. Someone could break the news to him and his lawyer

See if that works for them.

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Response to msfiddlestix (Reply #22)

Tue May 4, 2021, 08:20 PM

23. One of my cousins works for NASA. Maybe she can book them a one way trip on a Mars Rover.

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Response to Irish_Dem (Reply #23)

Tue May 4, 2021, 08:23 PM

25. Excellent idea! Let's make that happen!

hee hee,

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Response to msfiddlestix (Reply #25)

Tue May 4, 2021, 08:43 PM

31. I'll send her an email.

The Rovers don't need all that junk they carry, they can make some room.


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Response to Irish_Dem (Reply #31)

Tue May 4, 2021, 08:46 PM

32. hee hee

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:43 PM

14. Boohoo

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:45 PM

16. No surprise because of juror 52, Brandon Mitchell. What was Mitchell thinking, and then going

to interview after the trial.

While I think the odds are against a new trial, this was not necessary

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Response to JohnSJ (Reply #16)

Tue May 4, 2021, 07:58 PM

17. Unfortunately I think he will get a new trial

The juror maybe in trouble

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Response to questionseverything (Reply #17)

Tue May 4, 2021, 08:11 PM

20. He should be, especially if he committed perjury. This makes me sick and angry. All the work

and preparation the prosecution did

and I am not too happy that Maxine Waters thought it necessary to make those comments before the verdict, and I am none too happy that the judge didn't sequester the jury either.

If a new trial is found, I fully expect the defense to change the venue, and move to an extremely conservative district.

That is what happened with the Rodney King trial. They moved it to Simi Valley here in California, which is a conservative stronghold politically, and I suspect the defense will do the same thing in Minnesota

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Response to JohnSJ (Reply #20)

Tue May 4, 2021, 08:28 PM

28. Exactly! nt

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Response to JohnSJ (Reply #16)

Tue May 4, 2021, 08:28 PM

27. Yup, the juror lied and got on the jury then instead of laying low

stupidly put himself in the public eye.

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Response to Raine (Reply #27)

Tue May 4, 2021, 09:41 PM

33. I didn't hear about this. Was this the alternate juror or an actual juror?

And what was the lie?

It was reported that 11 jurors wanted to convict immediately but one was undecided, which it why it took as long as it did before the undecided juror finally came around. Would that be the juror that lied?

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Response to brush (Reply #33)

Tue May 4, 2021, 10:18 PM

42. Actual juror, he said he knew nothing about Black Lives Matter

but then a picture surfaced of him at a BLM protest after he did a TV interview last week.

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Response to Raine (Reply #42)

Tue May 4, 2021, 10:50 PM

44. Thank you.

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Response to Raine (Reply #42)

Wed May 5, 2021, 10:41 PM

52. He was pictured wearing a shirt that said "get off of our necks"

Terrible if that ends up overturning the verdict

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Response to brush (Reply #33)

Wed May 5, 2021, 06:28 AM

48. No, he was not the juror who was iniitally undecided

It's likey he will face questioning by the judge, though.

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Response to JohnSJ (Reply #16)

Tue May 4, 2021, 10:07 PM

41. The motion has little or nothing to do with Mitchell

It was undoubtedly prepared well before the story about Mitchell broke and doesn't refer to Mitchell.

Here's a copy of the motion.
https://www.mncourts.gov/mncourtsgov/media/High-Profile-Cases/27-CR-20-12646/Notice-of-Motion-and-Motion.pdf

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Response to onenote (Reply #41)

Tue May 4, 2021, 10:44 PM

43. You don't think that will be used when they request a new trial?

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Response to JohnSJ (Reply #43)

Wed May 5, 2021, 01:45 PM

50. That's not what I said.

I was pointing out that you were mistaken in linking the the decision to file the motion to the Mitchell disclosure.

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Response to onenote (Reply #50)

Wed May 5, 2021, 01:53 PM

51. ok, got it

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 07:58 PM

18. He's worried about potential "jury intimidation or potential fear of retribution"?

What does he think he's doing NOW???


rocktivity

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Response to Rocknation (Reply #18)

Tue May 4, 2021, 08:31 PM

29. that's what cops do

Amazing projection there. get scheduled to testify against a cop on trial and see what happens.. You get stopped, your friends get stopped and drugs planted. Your grandma's house gets invaded over a "suspicious drug activity"

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 08:14 PM

21. Well you knew this was coming as soon as that story came out

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 08:21 PM

24. Well, if you murder someone

in broad daylight in front of witnesses, some holding cell phones cameras . . .

You are going to get 'pre trial publicity'. All over the news.

Expecting anything else is just unrealistic.

By all means have a retrial. The end result will be the same. Maybe a longer sentence?

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 08:34 PM

30. Shut the fuck up and rot in your cell, Chauvin

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 09:44 PM

34. Did they kneel on his neck for 9 minutes and 29 seconds?

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 09:44 PM

35. Yadda, yadda, yadda. Case dismissed.

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Response to Rhiannon12866 (Original post)


Response to Pas-de-Calais (Reply #37)

Tue May 4, 2021, 10:02 PM

38. huh?

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Response to Rhiannon12866 (Original post)

Tue May 4, 2021, 11:32 PM

45. Fuck this dickhead

And his slimy lawyer.

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Response to Rhiannon12866 (Original post)

Wed May 5, 2021, 12:12 AM

46. Oh, for God's sake

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Response to Rhiannon12866 (Original post)

Wed May 5, 2021, 01:30 PM

49. "jury intimidation or potential fear of retribution"...

is what Chauvin's former department still does on a regular basis to minorities.

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