Opinion | There's no good reason to give Derek Chauvin a new trial

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Opinion | glennkirschner2: This atrocity cries out for a sentence that will forcefully condemn this kind of conduct by police officers who swore an oath to protect and served but instead brutalized and executed. - MSNBCDaily

A courtroom sketch of former Minneapolis police officer Derek Chauvin and his defense attorney Eric Nelson in Minneapolis, Minnesota, on April 13, 2021.On Friday, the nation is refocusing its attention on the case involving the murder of George Floyd, after a Minneapolis jury in April convicted former police officer Derek Chauvin of murdering Floyd. The presiding judge, Peter Cahill, denied Chauvin a new trial late Friday morning. Next, we will hear what sentence he will impose.

Nelson filed what can only be called a “kitchen sink” motion. In a brief barely more than three pages in length, he contends there are no less than 10 errors that warrant a new trial, including allegations that the court “abused its discretion” by: refusing to move the trial to another city; by not adequately shielding the jury from pretrial publicity; by failing to order witness

Nelson also takes aim at the prosecutors, alleging they engaged in “pervasive, prejudicial misconduct” by doing things like “disparaging the defense” and “failing to adequately prepare” their witnesses. Nelson also goes after the jury, alleging that “the jury committed misconduct, felt threatened or intimidated, felt race-based pressure during the proceedings, and/or failed to adhere to the instructions during deliberations.

The second reason is to avoid a claim by Chauvin that Nelson was an ineffective defense attorney for failing to raise these issues in a new trial motion. I frequently was surprised when I would prosecute a case against a defense attorney who represented the defendant expertly, aggressively, and persuasively, only to have the defendant turn around and attack their attorney for having rendered ineffective assistance of counsel because the jury returned guilty verdicts.

On that video, we saw police officers intentionally and over an extended period of time end the life of a citizen they swore to protect. They did it in broad daylight. They did it in front of several members of the community, including children and at least one Minneapolis first responder who tried to put a stop to it only to be bullied out of intervening by the officers.

 

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