Citing judicial misconduct, Waters and Biden, Chauvin files for a new trial
FLORIDA: Eric Nelson, the defense attorney for former Minneapolis Police Officer Derek Chauvin, filed a motion for a new trial in Hennepin County District Court on Tuesday. Nelson alleging that the trial was tainted by bad behavior by state prosecutors, and juror misconduct. This comes in the wake of revelations that at least one juror, Brandon Mitchell, juror #52, lied to become a juror. Furthermore, he was agenda-driven against Chauvin, already deciding his guilt before the trial began.
The motion filed on May 4 cites Hennepin County District Court Judge Peter Cahill’s failure to change the venue and sequester the jury from the media circus that accompanied the trial. Also, Cahill’s failure to admonish jurors from reading or watching anything about the trial from mainstream or social media.
Both of which were filled with anti-police and anti-Chauvin rhetoric.
Without such warnings and without sequestration of jurors to ensure fairness, the entire jury was subject to death threats. These threats of violence from the likes of Maxine Waters, Antifa’s vengeance against a witness in the case, and even the implied threats imposed by Joe Biden.
Nelson’s motion called for a new trial to be granted because of Cahill’s abuse of his discretion. That abuse was in depriving Chauvin of a fair trial in numerous ways. Including, but not limited to, his denial of the defense’s motion for a new trial after “publicity during the proceedings threatened the fairness of the trial.”
Among that adverse publicity was the city of Minneapolis making the largest pre-trial settlement in U.S. history with Floyd’s family. An admission of guilt during jury selection, before the trial had begun.
Furthermore, U.S. Representative Maxine Waters (D-California) threats of what would happen without a guilty verdict.
And the black-clad vandals (Antifa) attacking the former home of one of the defense’s expert witnesses with pig’s blood and leaving a severed pig’s head.
Finally, Joe Biden stating “I’m praying that verdict is the right verdict, which is, I think it’s overwhelming in my view.”
The motion continued:
“The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings,”
Some legal experts have pointed out that Cahill never told the jury to avoid social media, which was full of misinformation, speculation, anti-police and unconfirmed reports about the trial.
Social media in the Minneapolis area was full of threats of violence against anyone opposed to convicting Chauvin. Facebook accounts were full of fury against police and threats of “burning the city down” if Chauvin was not convicted of all charges.
This medium alone sent a chilling message to the jury. Yet jurors were allowed to read it.
Nelson pointed out, through the motion, that Cahill had
“Failed to sequester the jury for the duration of the trial, or in the least, admonish them to avoid all media, which resulted in jury exposure to prejudicial publicity regarding the trial during the proceedings, as well as jury intimidation and potential fear of retribution among jurors, which violated Mr. Chauvin’s constitutional rights to due process and to a fair trial.”
Nelson also alleged that the judge had violated Chauvin’s rights under the Confrontation Clause. The Judge having failed to order the passenger from Floyd’s vehicle, Morries Hall, the day Floyd died, to testify at trial.
Cahill also refused to allow witness statements Hall made to law enforcement about the incident into evidence.
The motion also addressed prosecutorial misconduct by the state throughout the trial
Misconduct including improper vouching, failing to prepare witnesses and disparaging the defense. This motion has yet to be heard and could be thrown out by the trial judge, opening up a lengthy appeals process that can take many years.
Chauvin was convicted of second-degree murder, third-degree murder, and second-degree manslaughter by a Hennepin County jury on April 20, 2021.
Since his conviction, it has been revealed that one of the jurors, Brandon Mitchell, lied on his jury questionnaire when he said he hadn’t attended any of the George Floyd protests. In fact Mitchell had, and evidence has surfaced of him going all the way to Washington D.C. to protest while wearing a shirt that was prejudicial to fairness or open-mindedness to Chauvin.
Mitchell exposed himself as a juror in order to promote himself and his podcast business. In the process, Mitchell is advocating using jury duty to advance leftist social justice platforms and revealed that he has an agenda that is detrimental to fairness for Chauvin. All of which he lied about in order to become a member of the Chauvin jury, simply to advance his BLM beliefs.
During jury selection, Mitchell claimed he’d never even watched the entire video of Floyd’s death. But once the trial was over and Chauvin had been convicted on all three charges, it turned out that Mitchell had engaged in activism. It is highly unlikely that he did not watch most, if not all, of that video, thereby pursuing his BLM views and placing the results of the entire trial in jeopardy.
Chauvin’s sentencing is scheduled for June 25.
When justice is denied, this nation cannot long exist.
We are in perilous times where the entire justice system is working against those who support our Constitution and the rule of law.
We will see what happens to this latest attempt to right the system through the appeal process, but it does not look good for Derek Chauvin or the other three officers charged in the death of George Floyd. A death which was the result of Floyd’s illegal use of narcotics.