Derek Chauvin Files For New Trial In George Floyd Murder Case

The “Get Your Knee Off Our Necks” March on Aug. 28 2020.
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In a Facebook post dated August 31, 2020, Mitchell was pictured wearing a shirt with an image of Martin Luther King along with the words, "Get your knee off our necks" and "BLM", which is short for Black Loves Matter.

Chauvin's defense was expected to ask for a new trial, particularly after Judge Cahill acknowledged during the trial that incendiary public comments from Rep. Maxine Water (D-Calif.) arguably might have reached the jury and influenced their decision.

A photograph from the event showed Mitchell wearing a black T-shirt with a picture of Martin Luther King Jr. emblazoned with the words "Get your knee off our necks", and "BLM", which stands for Black Lives Matter, as well as a baseball cap that says "Black Lives Matter".

"Not only did such acts escalate the potential for prejudice in these proceedings, they may result in a far-reaching chilling effort on defendants' ability to procure expert witness - especially in high-profile cases such as those of Mr. Chauvin's co-defendants - to testify on their behalf", Nelson wrote.

Joseph Daly, a retired law professor from Mitchell Hamline School of Law in St. Paul, said Mr. Mitchell was very forthright on a range of topics in voir dire.

"Other than what you have already described above, have you, or anyone else close to you, participated in protests about police use of force or police brutality?" asked another. He told The Wall Street Journal he didn't recall how he answered those questions. He said the question about attending an anti-police rally is open to interpretation, so it is unlikely that the court will find that he was lying.

Steve Tuller, another jury selection expert, agreed.

"The opportunity to go to D.C., the opportunity to be around thousands of black people".

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Speaking to the Star Tribute, Mitchell insisted he had been honest throughout the process, and said the march was "100 per cent not" for Floyd specifically.

He told WCCO he was at the march to support increasing voter turnout for the 2020 presidential election between Donald Trump and Joe Biden.

"I mean it's important if we wanna see some change, we wanna see some things going different, we gotta into these avenues, get into these rooms to try to spark some change", he said.

Civil rights lawyer Brian Dunn told the Washington Post the photo of Mitchell was "undeniably suggestive of a possible bias in this juror". He said the objective of the questioning is to show the jury "committed misconduct, felt threatened or intimidated, felt race based pressure during the proceedings, and/or failed to adhere to instructions during deliberations, in violation of Mr. Chauvin's constitutional rights to due process and a fair trial".

Mitchell was one of 12 jurors who convicted Chauvin of second- and third-degree murder and second-degree manslaughter.

But Chauvin, who had no previous criminal record, will not be imprisoned for that long.

"Judges do not want to declare mistrials, particularly in a case where there has been a verdict and given the special circumstances of this case", Tuller said.

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