Derek Chauvin's Request For A New Trial Rejected By Appeals Court
The doors have apparently been closed on former Minneapolis policeman Dererk Chauvin’s hopes for a new trial.
On Monday, the Minnesota Court of Appeals denied Chauvin's appeal and upheld the most serious murder conviction in the killing of George Floyd in 2020, reports USA Today.
In a unanimous decision, a three-person panel of judges ruled that Chauvin’s conviction is valid,
"Police officers undoubtedly have a challenging, difficult, and sometimes dangerous job," Presiding Judge Peter Reyes wrote in the 50-page decision. "However, no one is above the law. When they commit a crime, they must be held accountable just as those individuals that they lawfully apprehend. The law only permits police officers to use reasonable force when effecting a lawful arrest. Chauvin crossed that line here when he used unreasonable force on Floyd."
Minnesota Attorney General Keith Ellison, who served as the lead prosecutor in the case, expressed his gratitude for the court’s decision.
"Today, my thoughts are today with the family of George Floyd and the communities that have suffered because of his death," Ellison said. "We cannot bring Floyd back, but I hope today’s decision brings another measure of justice."
During the appeals hearing, Chauvin’s attorney William Mohrman requested that the court throw out his client's convictions citing “pretrial publicity.” He also argued that several procedural errors led to Chauvin not receiving a fair trial.
“The primary issue on this appeal is whether a criminal defendant can get a fair trial consistent with constitutional requirements in a courthouse surrounded by concrete block, barbed wire, two armored personnel carriers, and a squad of National Guard troops, all of which or whom are there for one purpose: in the event that the jury acquits the defendant,” Mohrman said in his oral arguments back in January.
Mohrman also asked that the trial be moved out of Minneapolis because of the public nature of the case and concerns for his client’s safety.
The prosecution team argued that Chauvin received a fair trial and a just sentence in accordance with his criminal act.
“Judge Cahill managed this trial with enormous care, and even if Chauvin could identify some minor fault, any error is harmless,” said Neal Katyal, a special attorney for the state. “The evidence of Chauvin’s guilt was captured on video for the world to see.”
In 2021, Chauvin was sentenced to 22 1/2 years after he was found guilty of murder and manslaughter. The video with Chauvin kneeling on Floyd's neck for more than nine minutes was the catalyst for protests across the nation against systemic racism and police brutality.
Currently, Chauvin is also serving a 21-year federal sentence for violating Floyd's civil rights in the fatal encounter.