Derek Chauvin has requested a new trial after his conviction for the murder of George Floyd last month, accusing the jury of “misconduct”. Former police officer Derek Chauvin has requested a new trial following his conviction for the murder of George Floyd last month, accusing the jury of “misconduct”.
The demand comes after a photo emerged of one of the jurors, Brandon Mitchell, wearing a Black Lives Matter T-shirt at a protest in Washington, D.C., last August.
The rally included speeches from members of Mr. Floyd’s family.
In April, the 12-person jury unanimously found Chauvin guilty of second-degree murder, third-degree murder, and second-degree manslaughter. The former officer was filmed kneeling on the neck of Mr. Floyd, an unarmed African-American man, for nine minutes and 29 seconds, a position he maintained despite Mr. Floyd’s pleas that he couldn’t breathe. In a new court filing today, defense lawyer Eric Nelson said Judge Peter Cahill “abused” his
discretion when refusing to move the trial to a different venue. He also pushed for a new trial on the grounds of juror misconduct. Mr. Mitchell, 31, attended a demonstration in the American capital on August 28, commemorating the 57th anniversary of the March on Washington. Dr. Martin Luther King Jr delivered his famous “I Have a Dream” speech. The photo of him, which emerged this week, shows him alongside two of his cousins, wearing a T-shirt with Dr. King’s face and the words: “Get your knee off our necks.”
The defense will argue the image is proof that Mr. Mitchell was not an impartial juror.
During the jury selection phase of the Chauvin trial, prospective jurors were required to answer a 14-page survey gauging their opinions on several topics, including the Black Lives Matter movement.
It included questions about their participation in protests against police brutality.
“Did you, or someone close to you, participate in any of the demonstrations or marches against police brutality that took place in Minneapolis after George Floyd’s death?” asked one of the questions.
“Other than what you have already described above, have you, or anyone else close to you, participated in protests about police use of force or police brutality?” asked another. Mr. Mitchell answered “no” to both questions. During jury selection, he also told defense lawyer Eric Nelson that he had a “very favorable” opinion of Black Lives Matter and knew some “great guys” who were police officers.
He said he was capable of being impartial as a juror.
Speaking to the Star Tribute, Mr. Mitchell insisted he had been honest throughout the process and said the march was “100 percent not” for Mr. Floyd.
“I’d never been to D.C.,” he said.
“The opportunity to go to D.C. and be around thousands of black people. I just thought it was an excellent opportunity to participate in something.
He told WCCO he was at the march to increase voter turnout for the 2020 presidential election between Donald Trump and Joe Biden.
“Either way, I was going to D.C. for this event, even if George Floyd was still alive,” he said.
Civil rights lawyer Brian Dunn told The Washington Post the photo of Mr. Mitchell was “undeniably suggestive of a possible bias in this juror”. Judge Cahill will now have to determine whether Mr. Mitchell “lied about, or failed to provide complete answers on whether he has engaged in activism, or whether he has any affiliations with Black Lives Matter that go beyond the mere wearing of the shirt”, Mr. Dunn added.
“If it is determined that the juror did not provide full disclosure to the defense, the question becomes whether this lack of candor violated Mr. Chauvin’s right to a fair trial.”
