Judge denies Derek Chauvin motion for new trial ahead of sentencing

Derek Chauvin, the former Minneapolis police officer set to be sentenced Friday for the murder of George Floyd, has been denied a post-verdict motion for a new trial.

Hennepin County District Court Judge Peter Cahill ruled on the eve of Chauvin’s sentencing hearing that he “failed to demonstrate … the court had abused its discretion or committed error such that defendant was deprived of his constitutional right to a fair trial.”

Cahill also ruled that Chauvin failed to prove prosecutorial or juror misconduct.

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Chauvin’s attorney, Eric Nelson, alleged that pretrial publicity affected Chauvin’s right to a fair trial. Nelson claimed the court abused its discretion by denying a request for a change of venue and a new trial. Nelson also took issue with the court failing to sequester the jurors or “admonish[ing] them to avoid all media.” He also alleged that jurors were prejudiced by pretrial publicity and that they were also intimidated and faced a “fear of retribution.”

Chauvin has been sitting in a maximum-security prison cell after a 12-member jury in April found him guilty of second-and third-degree murder and second-degree manslaughter in Floyd’s May 25, 2020, death.

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Forty-five people testified at Chauvin’s trial, which lasted three weeks. The jury deliberated a little over 10 hours before returning a guilty verdict.

Chauvin did not testify in his own defense.

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