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Derek Chauvin files motion for new trial in George Floyd case, alleging jury misconduct

Chauvin's attorney, Eric Nelson, filed the request alleging the former officer's ability to have a fair trial was affected by pretrial publicity.

Former Minneapolis police Officer Derek Chauvin filed a motion for a new trial Tuesday after he was convicted last month of murdering George Floyd.

Chauvin’s attorney, Eric Nelson, is alleging pretrial publicity affected Chauvin's right to a fair trial.

The motion alleges the court abused its discretion by denying the requests for a change in venue and a new trial.

Because the court failed to sequester the jurors or "admonish them to avoid all media," Nelson's filing said, they were subjected not only to prejudicial publicity but also to "jury intimidation or potential fear of retribution."

"The court has already rejected many of these arguments and the State will vigorously oppose them," John Stiles, deputy chief of staff for Minnesota Attorney General Keith Ellison, said in a statement Tuesday evening.

In total, the motion alleges eight abuses of discretion by the court.

Nelson's filing also accuses Minnesota state prosecutors of committing "pervasive, prejudicial prosecutorial misconduct" that also affected Chauvin's right to receive a fair trial.

The filing also requested an order “to impeach the verdict” on “the grounds that the jury committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations.”

Nelson said he had no comment on the motion.

A jury found Chauvin guilty of second- and third-degree murder, as well as second-degree manslaughter, in Floyd's death in May 2020.

Last week, the first juror in Chauvin's trial spoke out and described the evidence upon which the seven women and five men convicted the former officer as "overwhelming."