Skip to main content

Derek Chauvin's attorney files motion for a new trial

Chauvin was convicted of the murder and manslaughter of George Floyd last month.
derek chauvin court - closing arguments

The attorney of Derek Chauvin has filed a motion for a new trial.

Eric Nelson, whose client was convicted on all counts for the murder and manslaughter of George Floyd last May, has cited several reasons for why a new trial should be held.

Nelson's arguments are:

  • The court "abused its discretion" when it denied a venue change for the trial, which was held in Hennepin County District Court.
  • The court wrongly denied a motion for a new trial made by Nelson during the hearing, with Nelson claiming the publicity surrounding the case "threatened the fairness of the trial," also citing "post-testimony, but predeliberation, intimidation of the defense’s expert witnesses."
  • The court should have sequestered the jury for the entire trial, and claims that it should at the very least have admonished them "to avoid all media" (the jury was told to avoid media reports about the case during the trial).
  • The prosecution committed "misconduct " by "disparaging the Defense; improper vouching; and failing to adequately prepare its witnesses."
  • Morries Hall, Floyd's friend who pleaded the 5th Amendment to avoid self-incrimination – as Chauvin did – should have been ordered to testify, or the details of what he told police should have been submitted into evidence.
  • He also claims the judge failed submit accurate instructions to the jury regarding 2nd and 3rd degree murder charges, and says the court should not have allowed the prosecution to "present cumulative evidence with respect to use of force."
  • He claims "the jury committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to instructions during deliberations."

You can read the full motion here.

Judge Peter Cahill had denied a motion for a retrial during proceedings after comments made by California Rep. Maxine Waters, who told reporters that in the event of a "not guilty" verdict, activists should "stay on the street" and "get more confrontational," though she later said she was in reference to pushing for legislation and calling for policing changes.

It's not clear if any of the jury members were aware of Waters' comments, which came two days before deliberations started. Cahill said he didn't believe her comments represented "additional material that would prejudice this jury," noting that "a congresswoman's opinion really doesn't matter a whole lot."

He did however suggest her comments could be used in a future appeal against Chauvin's conviction.

Next Up

Rep. Tou Xiong

State lawmaker Tou Xiong apologizes after driving under the influence

The state representative was pulled over on the night of Jan. 8.

St Lukes Duluth GSV Pro

Duluth hospital requiring visitors to show vax proof, neg. test

The health care system is also tightening visitor guidelines.

ridgeview urgent care facebook

Ridgeview halting urgent care at a Twin Cities site 'until further notice'

The organization cited "growing emergency medical needs" at the facility.

polley freeborn county jail roster jan 2022 resize

Charges: MN high school counselor sexually assaulted student

The 16-year-old victim had regularly gone to him for academic help and other support, authorities say.

Proctor football

Proctor investigation: Senior charged with sexually assaulting teammate

The criminal charges come after a monthslong review of the allegations.

Screen Shot 2020-04-28 at 9.07.41 PM

Ordway will require vaccinated audience members also be boosted

If someone has not gotten a booster shot, they will have to show a negative COVID test.

Gophers basketball, Williams Arena, Gopher fans

U of M to require vaccine or negative test proof for large events

The policy doesn't go into effect until late-January.

Lauri Anne Deatherage

Man indicted for first-degree murder in ex-wife's death

He's accused of killing her days after she remarried.

Jackknifed semi I-94 Sauk Centre Jesse Grabow

Crashes, spinouts piling up as snow blankets southern MN

Snow is expected to continue throughout the day.


Minnesota's COVID-19 update for Friday, January 14

More than 11,000 cases for a second day in a row.


derek chauvin trial

What to expect as opening statements begin in Derek Chauvin's trial

Chauvin faces three charges in connection to George Floyd's death last summer.

chauvin courtroom

Everything you need to know as Derek Chauvin's trial is set to begin

Jury selection, scheduled to begin March 8, is delayed.

Screen Shot 2021-03-30 at 6.10.17 PM

Minneapolis firefighter questioned in tense exchange during second day of Chauvin trial

Multiple witnesses who were on the scene when George Floyd died in police custody were questioned Tuesday.

Derek Chauvin

Derek Chauvin's attorney objects to gag order in George Floyd case

The attorney argues that it's unfair for Chauvin to be gagged even though he has not commented publicly on the case.

derek chauvin court - closing arguments

Closing arguments in Derek Chauvin trial: Here's what was said

The jury listened to lengthy presentations from the prosecution and defense.

Derek Chauvin

Derek Chauvin's wife 'devastated' by George Floyd death, will divorce husband

Chauvin was charged with murder and manslaughter on Friday.

YouTube - Derek Chauvin sentencing livestream

Derek Chauvin sentenced to 22.5 years in prison for George Floyd's murder

The judge said it was based on Chauvin's abuse of a position of power and cruelty shown to Floyd.

Screen Shot 2021-04-06 at 5.59.08 PM

LAPD use of force expert: Chauvin's force was 'excessive'

LAPD Sgt. Jody Stiger testified that Derek Chauvin should have ceased his use of force when George Floyd stopped resisting.