New trial for George Floyd killer Derek Chauvin not merited, prosecutors say

Prosecutors say the former Minneapolis police officer convicted of murder and manslaughter in George Floyd’s death should not be granted a new trial, because the proceedings were fair and Derek Chauvin was found guilty by an impartial jury, according to a court document filed on Wednesday.

The state’s document came in response to defence requests to grant Chauvin a new trial and to hold a hearing to question jurors about alleged misconduct. Among other things, defence lawyer Eric Nelson said intense pretrial publicity, alleged prosecutorial misconduct and some decisions by the court made it impossible for Chauvin to get a fair trial.

Prosecutors said Nelson’s claims were without merit and were desperate attempts to “undo the jury’s verdict”.

“This court has rejected many of these arguments before, and there is no reason for a different result now. Defendant’s scattershot and unavailing attempts to overturn his conviction should be denied,” prosecutors wrote, adding: “Defendant was unanimously convicted on all three counts based on evidence of his overwhelming guilt. He now seeks to escape his lawful conviction by any means.”

It is not clear when Judge Peter Cahill will rule.

Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and manslaughter in the May 25, 2020, death of Floyd, a black man who was pinned to the ground as he said he could not breathe. Chauvin will be sentenced on June 25.

Requests for a new trial are fairly routine, but they are rarely granted. The arguments raised in such requests are typically raised again on appeal. Requests for a hearing to question jurors about alleged misconduct are uncommon. Experts have said there is a high bar to hold such a hearing, and an even higher bar to invalidate a verdict.

Among his arguments, Nelson said intense publicity – both before the trial and due to events during it – tainted the jury pool and prejudiced jurors against his client.