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Derek Chauvin appeal: Former officer alleges more than a dozen trial errors in his appeal to overturn his murder conviction


The 82-page filing lists more than a dozen aspects of the case and trial that Chauvin’s attorney says tainted the proceedings and rendered them “structurally flawed,” including extensive pre-publication. the trial and protests outside the courthouse, as well as the city’s announcement during jury selection. that he would pay a $27 million settlement to Floyd’s family.
Among the issues Chauvin and his attorney, William F. Mohrman, are asking the appeals court to consider are whether the venue should have been changed, the jury fully sequestered, or the trial delayed due to protests before the trial and media coverage.

The appeal also accuses prosecutors of misconduct, alleging that state prosecutors failed to properly disclose discovery information and adequately prepare prosecution witnesses.

CNN reached out to Minnesota Attorney General Keith Ellison — the lead prosecutor in the Chauvin case — for comment on Tuesday evening.

Chauvin was convicted in April 2021 of second-degree manslaughter, third-degree murder and second-degree manslaughter.

Body camera and bystander video that captured the final moments of Floyd’s life on May 25, 2020, show Chauvin kneeling on the 46-year-old black man’s neck and back for more than nine minutes as Floyd was panting and told officers, “I can’t breathe.” Floyd’s death and the video have sparked protracted protests across the country against police brutality and racial injustice.

The appeal brief argues that Chauvin’s conviction should be overturned or the court should order a new trial in a different venue, saying the court proceedings were “so steeped in error, misconduct and bias that it was structurally defective”. The filing also argues that Chauvin did not benefit from his constitutional right to due process and a fair trial.

If the conviction is upheld, according to the appeal filing, the court should reduce Chauvin’s sentence to meet state sentencing guidelines.

The former officer was sentenced to 22½ years in prison, which exceeded Minnesota’s sentencing guideline range of 10 years and eight months to 15 years.
At the time of sentencing, Judge Peter Cahill wrote in a memorandum that the case warranted a harsher sentence because Chauvin “abused his position of trust and authority” and treated Floyd “disrespectfully and denied the dignity due to all human beings”.

CNN’s Omar Jimenez, Eric Levenson, Aaron Cooper, Ray Sanchez, Dakin Andone and Raja Razek contributed to this report.

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