Derek Chauvin Denied New Trial — “Juror Misconduct” Addressed By Court
Derek Chauvin, the ex-police officer convicted for the murder of George Floyd, has requested a retrial, and far-right fans have been abuzz with the news that a juror attended a Black Lives Matter protest. However, just hours before sentencing, the court denied Chauvin’s request, saying he failed to prove any juror misconduct.
CNN correspondent Omar Jimenez shared the news, along with a link to the court’s denial. That document, barely two pages long, denies Chauvin’s request, offering three findings of the court.
The judge wrote in part that Chauvin “failed to demonstrate that the Court abused its discretion or committed error such that Defendant was deprived of his constitutional right to a fair trial.” Read the full document: https://t.co/2JOvRRnU8I
— Omar Jimenez (@OmarJimenez) June 25, 2021
These points can be summed up with the phrase “Defendant has failed to demonstrate.” According to the court, Chauvin didn’t give sufficient evidence that the court or the state deprived him of the right to a fair trial.
The third point stands out particularly — the court says that Chauvin hasn’t established evidence of any juror misconduct, despite the big public fuss about a juror essentially being aware that the last decade has been characterized by protests for justice, and that America has been characterized by centuries of injustice.
The Minnesota Law Review explains that a Schwartz Hearing, which Chauvin requested and was denied, is the procedure used when there are allegations of juror misconduct.
According to CBS News, prosecutors are asking the court to hand down a thirty-year sentence for murder, while the former officer, who can be seen on video with his knee on Floyd’s back for nine minutes while the victim pled for breath, is requesting a much lighter sentence, or even probation. His argument is that he has no criminal history and has a history in law enforcement (though other allegations of the same type of abuse of power and physical restraint have surfaced), and that he could suffer mistreatment in prison.