The attorney representing Derek Chauvin is requesting a new trial.
In court documents filed Tuesday, Eric Nelson listed multiple reasons why he thinks his client’s constitutional right to a fair trial was violated and where the court "abused its discretion." They include pretrial publicity, not sequestering the jury for the length of the trial and also jury misconduct.
Defense attorney Jack Rice, who is not affiliated with the case, said re-trying it would be a massive undertaking.
“For them to have to do it all again is the last thing that this court is going to want to do,” Rice said. “At the Court of Appeals and even the Supremes they have a tendency to want to go with the jury regardless. I think a lot of things are stacked against Derek Chauvin right now.”
One of the jurors who deliberated, Brandon Mitchell, came under scrutiny this week for social media posts that showed him at August’s March on Washington that was apparently not disclosed on a jury questionnaire asking about protest participation.
Nelson also writes the jury “committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”
Through a Minnesota Attorney General’s Office spokesperson, the prosecution said in a statement: “The court has already rejected many of these arguments and the State will vigorously oppose them."