Logo of Phnom Penh Post newspaper Phnom Penh Post - US ex-cop convicted of Floyd murder seeks new trial



US ex-cop convicted of Floyd murder seeks new trial

Content image - Phnom Penh Post
A memorial to George Floyd on the Minneapolis street where he died. AFP

US ex-cop convicted of Floyd murder seeks new trial

Derek Chauvin, the white US ex-policeman convicted of murdering the African-American man George Floyd, on May 4 asked for a new trial on claims of jury and prosecution misconduct.

The 45-year-old – who knelt on Floyd's neck for more than nine minutes – faces up to 40 years in prison after being found guilty last month in a case that prompted a national reckoning on racial injustice and police brutality.

Chauvin's attorney Eric Nelson argued that his client did not get a fair trial due to publicity around the case, court and prosecution errors, as well as "race-based pressure" on the jury.

"The publicity here was so pervasive and so prejudicial before and during this trial that it amounted to a structural defect in the proceedings," Nelson wrote.

The filing came as the impartiality of a juror in the case has been brought into question after a photo surfaced of him at an anti-racism rally.

Legal experts had said Chauvin's defence attorney could potentially use the photo of juror Brandon Mitchell as grounds to appeal the verdict, though the matter was not mentioned in May 4's pleading.

In the photo, Mitchell, a 31-year-old Black man, is wearing a T-shirt with a picture of civil rights leader Martin Luther King Jr on it, as well as the words "Get Your Knee Off Our Necks" and the letters "BLM" for Black Lives Matter.

Mitchell is one of only two jurors who have publicly identified themselves since the high-profile trial.

In a questionnaire, potential jurors were asked if they had taken part in any of the protests against police brutality that followed Floyd's May 25, 2020 death.

Mitchell said he had not and could serve impartially. He told the Minneapolis Star Tribune that the photo was taken at a march he attended in Washington in August 2020 to mark the anniversary of Martin Luther King's famous "I Have a Dream" speech.

Jeffrey Frederick, a jury selection expert, said Mitchell's answer may be "technically correct" since the Washington event was billed as a commemoration.

"It'll be up to the judge to conduct questioning and to make a determination as to whether or not he felt that this juror was biased and, possibly, had lied during the course of voir dire or on the juror questionnaire," Frederick told AFP.

The judge would then decide whether it "reaches a standard for affecting the outcome of the trial", he said.

"The bar is high in terms of misconduct and the granting of a new trial," he added. "Such determinations are rare."

Steve Tuller, another jury selection expert, agreed.

"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.

MOST VIEWED

  • Ice cream, noodles flagged over carcinogen

    The General Department of Customs and Excise of Cambodia (GDCE) has identified three types of instant noodles and ice cream trademarks originating from Thailand, Vietnam and France that are suspected to contain ethylene oxide, which poses a cancer risk to consumers. The general department has

  • Exclusive interview with Josep Borrell Fontelles, High Representative of the EU

    CAMBODIA is hosting the 55th ASEAN Foreign Ministers’ Meeting (AMM) and Related Meetings this week with top officials from the US, China, and Russia and other countries in the region slated to attend and to meet with face-to-face with their counterparts on the sidelines. In

  • Rise in Thai air routes to Siem Reap fuels travel hopes

    Local tourism industry players are eager for regional airline Bangkok Airways Pcl’s resumption of direct flight services between the Thai capital and Siem Reap town on August 1 – home of Cambodia’s awe-inspiring Angkor Archaeological Park – which is expected to boost the growth rate of

  • ASEAN Foreign Ministers’ meet commences, Taiwan issue possibly on table

    The 55th ASEAN Foreign Ministers’ Meeting (AMM) and related meetings hosted by Cambodia kicks off in Phnom Penh on August 3, with progress, challenges, and the way forward for the ASEAN Community-building on the table. Issues on Taiwan, sparked by the visit of US House Speaker

  • Angkor lifetime pass, special Siem Reap travel offers planned

    The Ministry of Tourism plans to introduce a convenient, single lifetime pass for foreign travellers to visit Angkor Archaeological Park and potentially other areas. The move is designed to stimulate tourism to the culturally rich province of Siem Reap as the start of the “Visit

  • Recap of this year’s ASEAN FM meet and look ahead

    This year’s edition of the ASEAN Foreign Ministers’ Meeting (AMM) hosted by Cambodia comes against the backdrop of heightened global tensions and increasing rivalry between major powers that have been compared to the animosity of the Cold War era. The following is The Post’