Derek Chauvin Brief: “Poisoned Jury…Riots…an Illegal Conviction”

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Derek Chauvin’s attorneys filed a complaint [SEE BELOW] focusing on a poisoned’ jury. He says the riots after the events in question led to a legally-impossible conviction for George Floyd’s death.

The former Minneapolis police officer convicted of murdering George Floyd Jr. underscores a request for an appeals court to overturn his multiple state-level convictions.

A Minnesota jury agreed with prosecutors last year that Derek Chauvin was guilty of second-degree murder, third-degree murder, and second-degree manslaughter. Chauvin struck a plea deal on federal charges in separate proceedings.

THE COMPLAINTS

They presented a list of complaints as a rationale for overturning the ex-cop’s state-level convictions.

“Pretrial publicity coupled with threats of violence poisoned the jury against Appellant Derek Chauvin,” the brief argues. It cites “local daily media coverage,” “protests at the courthouse,” and “riots in response to the events in question.” The latter was “the second-most destructive riots in American history that caused $500,000,000 in property damage and two deaths in the local Hennepin County area.”

The brief contains several technical legal arguments, including that the district court “erred on each tier” of a U.S. Supreme Court test for measuring whether pretrial publicity and preconceived juror notions necessitated a venue change.

JURORS FEARED FOR THEIR FAMILIES

“[P]rejudice is presumed when the community from which jurors are drawn is sufficiently poisoned either by adverse publicity or the effects of the very events at issue – in this case, the second worst riots in U.S. history,” the brief states. “Presumed prejudice requires changing venue because voir dire cannot perform its usual function of securing a fair and impartial jury.”

Publicity portrayed George Floyd as Jesus, an imperfect hero.

The media, politicians, and populace were unrelenting in prejudicial pretrial publicity. They sanctified George Floyd and demonized Derek Chauvin.

The Minneapolis Police Chief and Minnesota’s head of the Department of Public Safety called the incident a murder (a legal conclusion) on June 4, 2020, in conjunction with announcing the firing of Chauvin. Pretrial publicity of a police officer firing on the heels of an event giving rise to criminal charges is a significant factor in finding that prejudice is presumed.

The brief also complained that jurors were not sequestered and that one juror — Brandon Mitchell, who has spoken several times publicly about his service — “lied regarding his views of the case and the extent of his activism.”

THE NOOR CASE

“Third-degree murder is only possible with an undirected mens rea,” the brief says, citing the Minnesota Supreme Court’s 2021 ruling in favor of Mohammed Noor, another convicted police officer.  Chauvin’s April 20, 2021, conviction predated the high court’s Sept. 15, 2021, ruling in Noor’s case, and Chauvin’s attorneys want the holding in Noor’s case applied to Chauvin.

Plus, according to Chauvin, his second-degree felony murder conviction must be reversed. The reason is police officers cannot be convicted of felony murder attached to a third-degree assault.

The wording of the brief will have the semantic-crazed left angry, not understanding how the law phrases an issue. The brief talks about him being allowed to commit “assault” if suspects are resisting arrest. It’s meant to protect others, especially when the crowd is fired up, as in the case of George Floyd.

The law authorized him to use “reasonable force,” not unreasonable force.

The Minnesota Police Department training manual demonstrated knees on necks to restrain people resisting arrest. The brief also noted the prosecutorial misconduct. This did not get publicity.

The document as a whole asks either (1) that Chauvin’s convictions be reversed, (2) that Chauvin receive a new trial, or (3) that Chauvin be resentenced to a lesser term.

NOTHING ABOUT THE AUTOPSY

It is important to mention that the cause of death was not questioned in this brief.

This arrest was the worst evidence against Derek Chauvin. It was the subject of publicity:
THE BRIEF

Mn v Derek Chauvin Defendants on Scribd


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