Dismissed police officer Derek Chauvin has been convicted of all three charges against him, so he can still appeal. However, the odds are not good given that about 90% of appeals have been denied across the United States.
The appeal in this case is virtually certain. However, according to criminal defense experts, the issue raised by Chauvin’s lawyer in the Court of Appeals remains unresolved.
The most probable means of appeal is the large-scale publicity given to the case and the judge moving the case from Minneapolis or isolating the jury throughout the trial to protect it from all news. He refused a recurring request by Chief Attorney Eric Nelson. Reference to the case.
Judge Peter Carhill, known as a careful legal scholar, refused to accept Nelson’s request — a white officer shot dead a 20-year-old black driver at the beginning of the proceedings and throughout the proceedings, especially at the nearby Brooklyn Center. After doing. There. Just 10 miles from the Chauvin trial, the killing of Dauntelite caused ongoing protests and violence throughout the almost blue-collar diverse suburbs with approximately 30,000 inhabitants.
Nelson quarantined jury at the end of the trial after news that California Democratic U.S. MP Maxine Waters had demanded conviction and urged more people to protest police violence against black citizens. I asked again to do it.
Waters’ actions upset Kay Hill, who repeatedly accused civil servants, including after news of a $ 27 million civil settlement with the city for Floyd’s family during a jury selection.
President Joe Biden also said on Monday that the evidence in the trial was “overwhelming” after the jury was quarantined for deliberation and then called the Floyd family.
“I’ve come to know George’s family,” the president told reporters, adding that Floyd’s family was experiencing “pressure and anxiety.”
“They are a good family,” he said. “And they want peace and tranquility.”
Mr Biden said he prayed that the verdict returned by the jury was “correct, that is, overwhelming in my view.” Biden did not clarify what he meant by “overwhelming” or “correct verdict.”
Cayhill, who refused to move or quarantine the jury, was hardly surprised by Professor Ted Sampsel Jones, a criminal defense counsel for St. Paul next to Minneapolis.
“Keeping the jury away from his family for a month would put a heavy burden on the jury,” said Sampsel Jones, a teacher at Mitchell Hamline Law School in St. Paul. Said. “If they had to take their phones away, I don’t think it really helped … then it would have been much harder to get a jury.”
People wouldn’t just want to serve, he said, and there would have been more hardship grants to potential juries during the preliminary interrogation. Two alternatives have been rejected.
“It was a perfectly normal decision, but it was the defense counsel’s request, and while perhaps you wouldn’t be allowed to know or anticipate the request, it raises the issue of appealing to the defense. “
John J. Lee, a law professor at the University of Minnesota Law School, said the inevitability of news and social media coverage (the jury was not barred from using social media during the trial) was the number one target of appeal. I agreed to be. Even television shows other than huge news coverage, such as Saturday Night Live, emphasized the trial and suggested that there was no alternative but conviction.
“Some of the concerns here are that the judge instructed the jury not to listen to the news,” Lee said. But, as Chauvin’s lawyer argues, the collective media coverage of the case goes far beyond news coverage, especially in light of the shootings at the Brooklyn Center. I think it was inevitable to hear the stories of the local (jury) residents. “
Another route to appeal is Nelson’s post-closure allegation that state prosecutor Jerry Blackwell crossed the line on Monday and may have committed an illegal act of prosecution to “believe” Nelson’s case. .. Blackwell referred to Nelson’s defense as creating a “story” and “shadow truth” to confuse the jury during his rebuttal to Nelson’s closing arguments.
Nelson demanded a fraudulent trial based on a statement, but Kay Hill denied the move.
Yet another path of appeal that Lee foresaw is a third-class murder charge. Nelson Lee said: “Chauvin is convicted of the number of cases because some courts interpret the law as covering the situation where the defendant presents risk to only one person, not multiple people. You can’t. Legally I think it’s an argument that might be beneficial. “
The problem here is that some lawyers and judges state that the law of third-class murder applies only when more than one person is at risk, not just one. is. In this case, only Floyd, who Chauvin detained him.
Cahill initially supported those who stated that it would only apply if multiple people were endangered. However, after a court ruling on the third day of Chauvin’s jury selection, Kay Hill was charged with killing Australian-American Justin Lucitik in 2017 by another police officer, Mohammed Mohammed. He said he agreed with Noor’s case. Third-class murder against Chauvin.
Sampsel Jones also pointed out third-class murder charges, but referred to the jury’s instructions regarding second-class murder.
“When it comes to how a second murder of a serious offense is defined, Minnesota law rests on the limbs,” he said. “We are one of the only states that allow assault to be used as a felony murder felony, and the definition of assault given by the judge yesterday was a bit strange.”
He mentions that Cayhill granted the prosecution’s request that an order be written for the accusation in a way that Sampsel Jones said might be inconsistent with the law.
“Minnesota case law suggests that assault may be a breach of liability,” he said. “So the prosecution asked for instructions on it, and the judge issued a slightly modified version — even though the statutory definition of assault is intentional physical harm, the instructions are actually for you. He said he didn’t have to be physically injured. “
Other possibilities include Chauvin claiming ineffective support from lawyers. Experts say it’s unlikely to succeed, but it’s tempting to get into defense. There were not many objections expressed by Nelson. This could have been a strategic tactic to not upset the jury or pull out testimony to further commemorate it.
But consider the second day of the trial in which Darnella Frazier ran. She was a 17-year-old girl at the time who uploaded videos of bystanders to social media, where she became viral, drawing hundreds of thousands of people into the country and streets around the world to protest police atrocities The riot to set has started. Burning like a neighborhood in Minneapolis.
In tears, her testimony reminded me of more than nine minutes of seeing George Floyd suffering under Chauvin’s knees. Until Floyd doesn’t have any more trouble. I remembered that this could have been part of her family, as she is also black.
“When I see George Floyd, I see my father, I see my brother, I see my cousin, my uncle,” Frazier said. “I apologize and apologize to George Floyd for not doing anything more, not physically interacting, and saving his life,” she said.
But she said, “It wasn’t what I should have done. It should have been him (Chauvin).”
Chauvin’s defense counsel Eric Nelson did not object to cutting off emotional testimony. This could be the basis for the appeal, said Chicago counsel Craig Tobin.
“This was a difficult case,” Tobin said. “You have a 9-minute video that the whole world has seen, and he dies. Therefore, you will not be the most preferred defendant … Therefore, if you file a severe proceeding, such a case You must be aware that it is very important to keep an appeal record (in dispute). It may be your best chance to get a very cold and distant legal analysis of the matter. Maybe at least you have to keep that in mind, thanks to the client. “
Eric Ferkenhoff is a Midwestern Criminal Justice Reporter for the USA Today Network.
This article was originally published in USA TODAY: Derek Chauvin’s conviction can be appealed. But the issue is controversial.