Derek Chauvin Files Appeal Cataloguing Pervasive Trial Misconduct and Irregularities

WILLIAM A. JACOBSON APR 28, 2022 9:14 PM

This is something of a post-script to our extensive coverage of the trial of Derek Chauvin in the death of George Floyd.Throughout the trial and in the aftermath, we noted numerous trial errors that deprived Chauvin of a fair trial. The most obvious problem was the open and obvious threat of rioting and burning the city (and other cities) down if there were a not guilty verdict. See these prior posts for some of the problems we noted:

• Derek Chauvin Files Motion for New Trial and To “Impeach the Verdict” Due To Jury Misconduct
• Chauvin Juror Admits Participating In Pre-Trial Protest, Photographed In “Knee Off Our Necks” T-Shirt
• Alternate Juror in Derek Chauvin Trial: “I did not want to go through rioting and destruction again”
• Derek Chauvin Trial Tainted By Threats Of Violence Calling Into Question Whether Any Minneapolis Jury Could Be Impartial
• Chauvin Trial Judge: Rep. Maxine Waters’ threats may result in “this whole trial being overturned” on appeal
• Chauvin Trial Verdict Prediction (of Sorts): On legal merits alone, not guilty — but political dynamics drive injustice
• Maxine Waters: Protesters Need to “Get More Confrontational” If No “Murder” Conviction Of Derek Chauvin
• Chauvin Trial: Jury has “a basis” to “find reasonable doubt here, but it’s not what I’m expecting”

Chauvin was sentenced to 22.5 years on the state charges, and later pleaded guilty to federal civil rights charges guranteeing a roughly equivalent time in prison.Nonetheless, Chauvin has filed an appeal from his state conviction. I’m not sure the logic there since he pleaded to the federal charges. Perhaps readers have insight into that, and can post in the comments.To round out the circle, here is Chavin’s Appeal Brief, which catalogs the trial errors. Here are some as listed in the Table of Contents to the Brief:

B. The Pervasive Prejudicial Pretrial Publicity, Jurors’ Concerns for TheirSafety If They Did Not Convict Chauvin and Physical Threats to theCourthouse Required the Court To Change Venue, Continue the Trial, orFully Sequester the Jury Under Minn. R. Crim. P. 25 and the 6th and 14thAmendments……………………………………………………………………………………………….. 42

1. Under Both Minn. R. Crim. P. 25.02 and the United States Constitution,the Court Erred by Denying Chauvin’s Motion To Change Venue. ……………. 422. The Pretrial Publicity Surrounding the Case, Combined with the Riots,Announcement of the Settlement in the Middle of Voir Dire and FurtherRiots During the Trial, Results in a Presumption of Prejudice……………………. 44

a. The Media Publicity Was Pervasive and it Was OverwhelminglyHostile to Chauvin and Law Enforcement in General. …………………………. 45b. The Threat of Violence Resulting from Acquittal Were Plain—AsDemonstrated by the Deployment of the National Guard Days Priorto Jury Deliberation. ………………………………………………………………………… 46c. The City of Minneapolis Announcement of the $27,000,000Settlement Exasperated the Prejudice. ……………………………………………….. 47d. Numerous Jurors Expressed Concerns for Their Own PersonalSafety…………………………………………………………………………………………….. 48e. Media Interfered with Courtroom Proceedings by Spying on theAttorneys and Disclosing Courthouse Security Measures. ……………………. 50f. The Riots After the Duante Wright Killing Required a Transfer……………. 50

3. Jurors Demonstrated Actual Bias Against Chauvin. …………………………………. 51

4. In the Alternative, the Jurors Should Have Been Sequestered Upon
Their Selection. ……………………………………………………………………………………. 52

5. The Court Should Have Delayed the Trial – Particularly Because No
Jury Trials Had Been Conducted In Minnesota Due to Covid-19……………….. 53

C. The Court Should have Held a Schwartz Hearing. …………………………………………… 53

D. The Third Degree Murder Charge Against Chauvin Must be Dismissed and a
New Trial Ordered Because this Charge Allowed the State to Introduce
Evidence of Chauvin’s “Depraved Mind” Which Is Irrelevant to
Unintentional Second Degree Murder. …………………………………………………………… 54

E. Chauvin’s Conviction Should Be Reversed Because Police Officer Cannot
Be Convicted for Felony Murder Under Minnesota Law. …………………………………. 54

F. The Court’s Jury Instructions Failed to Properly Set Forth the Graham v.
Connor Standards………………………………………………………………………………………… 57

G. Chauvin’s Conviction Should Be Reversed Because the Judge Allowed
Cumulative Opinions on the Use of Force………………………………………………………. 58

H. The Court Improperly Excluded Evidence of MPD Training Materials
Establishing That MPD Trains Officers to Putting their Knees on the
Suspect’s Back. …………………………………………………………………………………………… 60

I. Morries Hall’s Testimony or Statement Should Have Been Admitted………………… 61

J. Chauvin’s Conviction Should Be Reversed Because of Prosecutorial
Misconduct. ………………………………………………………………………………………………… 63

K. Chauvin’s Conviction Must Be Reversed Because of the Court’s Failure to
Transcribe the Entire Proceedings. ………………………………………………………………… 65

L. The Cumulative Errors Rendered the Trial “Structurally Defective.”…………………. 66

M. Chauvin’s Sentence Should be Reduced to the Presumptive Range. ………………….. 67

Read the details, not just the Table of Contents. It’s all extremely detailed with evidence images and testimony. And none of it is likely to make a difference.

CLICK HERE FOR FULL VERSION OF THIS STORY