The four-page doc, filed by attorney Eric Nelson, particulars quite a few errors the protection believes had been made in the course of the trial which violated Chauvin’s constitutional rights to a due course of and a good trial.
Those embrace allegations of errors made by Hennepin Judge Peter Cahill, prosecutorial misconduct, juror misconduct, witness intimidation and the influence of publicity.
No particular incident or juror had been famous within the motion.
In an announcement to NCS, John Stiles, deputy chief of workers for Minnesota Attorney General Keith Ellison, mentioned, “The court has already rejected many of these arguments and the State will vigorously oppose them.”
The new courtroom submitting alleges the publicity in the course of the trial threatened its equity, and a protection knowledgeable witness was intimidated after he testified, however earlier than the jury deliberated.
“The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings,” Nelson wrote.
Nelson accused the jury of committing misconduct and should have “felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations,” the motion learn.
The Court “abused its discretion” in not granting a change of venue or sequestering the jury, the courtroom submitting says.
The courtroom additionally “abused its discretion when it submitted instructions to the jury that failed to accurately reflect the law” in reference to the second-degree unintentional homicide, third-degree homicide and licensed use of drive, the doc learn.
Nelson additionally wrote the prosecutors dedicated misconduct “including but not limited to: disparaging the Defense; improper vouching; and failing to adequately prepare its witnesses.”