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derek chauvinminneapolis police officer convicted murder of george floydis requesting a new trial based on the perjury charges that led to his conviction, according to court documents.
Chauvin, 49, is serving a 22½-year sentence after being convicted of second-degree murder in April 2021, nearly a year after Floyd was killed on May 25, 2020. footage of the incidentWhich quickly went viral online, showing Chauvin using his knee to press Floyd’s neck to the ground. Chauvin’s knee remained on his neck for about 10 minutes.
Floyd’s murder created a stir Nationwide protests advocating racial justice and police reformProtesters often sing some of Floyd’s last words: “I can’t breathe.”
Chauvin’s attorney, Gregory Joseph, has now filed a 71-page document requesting a new trial for his client, claiming he was “deprived of his right to due process” under the 14th Amendment. This came after Chauvin had already filed multiple appeals of his conviction.
Joseph pointed to the nationwide attention the case has received in his Nov. 20 court filing.
The document reads, “While the post-conviction relief stage is typically an afterthought in many criminal cases, this Court has broken away from the frenzy of the day and can finally look at the facts and evidence through a clear lens.” “This is the first time that a judicial officer can look into the case without public pressure.”
The extensive document outlines several arguments supporting Chauvin’s bid for a new trial, including allegations that some Minneapolis police officers gave “false and misleading testimony,” and that jurors received instructions that “literally misstated the law.”
Chauvin’s attorneys also alleged that the state’s medical witnesses testifying about Floyd’s cause of death “convinced the jury that Floyd died of ‘asphyxia,’ even though the Hennepin County medical examiner refused to reach that conclusion.”
The document cited the report and testimony of Hennepin County Chief Medical Examiner Dr. Andrew Baker, who performed Floyd’s autopsy. The report that Baker provided to the state listed his cause of death as “cardiopulmonary arrest, complicating law enforcement, restraint and neck compression,” the document states.
According to the document, Baker’s “multifactorial process cited multiple things that contributed to Floyd’s cardiopulmonary arrest,” including chronic heart disease, fentanyl released during the struggle, and adrenaline.
Chauvin’s lawyer also cited a 2022 book by Liz Collin and Dr. Jesse Chaix, titled, They’re Lying: The Media, the Left, and the Death of George Floyd. The book was critical of the testimony provided by state witnesses.
Since the book was published, at least 34 current and former Minneapolis Police Department officers “have come forward to provide sworn statements that MPD has trained them to use knee-to-neck restraints in a variety of situations,” Chauvin’s attorneys claim in the document.
The Minnesota Attorney General’s Office is set to file a response by January 4, according to Star Tribune,
When contacted for comment Wednesday, a spokesperson for the Minnesota Attorney General’s Office said Independent The agency will respond to the allegations in the court.