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Derek Chauvin's attorney files motion for new trial on multiple grounds, including a claim of jury misconduct

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Derek Chauvin as the verdict is read in his trial. Court TV via AP
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Derek Chauvin's attorney has filed a motion in Hennepin County, Minnesota, requesting a new trial for the disgraced former Minneapolis police officer, alleging jury misconduct and citing other factors.

On April 20, Chauvin was found guilty of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in the death of George Floyd. Floyd died after Chauvin kneeled on his body while he was handcuffed and prone for more than nine minutes on May 25. 

The motion, which was filed Tuesday by Chauvin's attorney Eric Nelson, alleged the ex-officer didn't get a fair trial because of high-profile publicity of the case.

It alleged Hennepin County Judge Peter Cahill abused his discretion by ruling not to move the trial or sequester the jury for the duration of the trial. The motion also said Cahill's denial of granting a new trial after police said a defense witness' former home was vandalized was improper.

The motion further alleged prosecutorial misconduct, saying that the state attorneys disparaged the defense in their closing argument and failed to properly prepare witnesses ahead of their testimony. 

Nelson's motion also requested a hearing to impeach the verdict of the jury over accusations that the jury committed misconduct, felt threatened or intimidated, felt race-baited, and/or failed to adhere to jury instructions.

A photo surfaced this week showing a juror in the state murder trial had attended a Washington, DC, protest last year with a shirt that said "Get your knee off our necks," a reference to Floyd's death.

Chauvin, who faces up to 40 years in prison, is scheduled to be sentenced on June 25. 

The Star Tribune reported the federal government was also seeking civil-rights charges against him and the three other officers who were on the scene of Floyd's arrest.

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Haven Orecchio-Egresitz
Haven Orecchio-Egresitz was the senior editor overseeing Business Insider's legal affairs team. The team, which consists of several of the most senior reporters in BI's global newsroom, led the charge in covering Donald Trump's many legal issues, including his four criminal cases. As a senior criminal justice reporter at Insider's New York office, Haven wrote an award-winning six-part series on the US mental health system failures that led to police shootings of people in crisis; uncovered how a yoga guru to Hollywood elite operated an abusive international cult; reported from the NY federal court where R. Kelly was found guilty of sex crimes; and covered the Minneapolis trial of ex-officer Derek Chauvin. "Deaths in the Family," a year-long project she worked on with the Investigations Team, is the most comprehensive look at rising homicidal violence against transgender people in the US. Haven also covered Russia's unprovoked war in Ukraine and the plight of refugees from the Ukrainian border in Beregsurany and Budapest. Haven previously worked on the crime, legal affairs, and investigations beats at several newspapers in Massachusetts. While working at the Cape Cod Times, and later The Berkshire Eagle, her reporting won awards from the New England Newspaper and Press Association.Before that, Haven worked as a metro correspondent at The Boston Globe and contributed to the paper's Pulitzer Prize-winning Marathon Bombing coverage.Haven is passionate about public records, government transparency, and bagels. ExpertiseTrauma reporting, legal affairs, criminal justice, policing, courts, extremism, cults, and breaking news. Popular articles 'Love us in private and kill us in public': How transphobia turns young men into killers5 moms whose sons were killed after they called 911 for help now live with the consequences of a failed mental health system that uses police as a crutchThe Proud Boys chairman says members of the extremist organization are running for office — and you might not know if you're voting for oneSome police chiefs genuinely want to fire their bad apples. Their department's history can make that almost impossible.Before the sudden death of its leader, Ra Ma Yoga Institute was accused by some former members of being a cult. What happens now?For 48 hours a Ukrainian family walked through rubble and scorched earth to a new life
Azmi Haroun is formerly Insider's Courts Reporter based in Los Angeles, California, working on Insider's News Team. He regularly covers high-profile celebrity court cases in Los Angeles, as well as legal and political affairs on a national and international level. In his time at Insider, he has profiled the legendary Nile Rodgers, scored court scoops on Vanessa Bryant and rapper Flo Rida, and kept an ear to the ground to cover landmark war crimes trials led by Syrians in Europe. He obtained a Master of Science from Columbia Journalism School in May 2020, and prior, worked in refugee resettlement during the fraught transition between the Obama and Trump administrations. He has lived in Morocco, France, and Dubai, during different stints and speaks French, Spanish, and Arabic.