This news has been received from: mercurynews.com

All trademarks, copyrights, videos, photos and logos are owned by respective news sources. News stories, videos and live streams are from trusted sources.

The defense attorney for the former Minneapolis police officer convicted of murder in the death of George Floyd is seeking not only a new trial but also a hearing to “impeach the verdict” by investigating potential juror misconduct.

Eric Nelson’s request for a new trial for Derek Chauvin is fairly routine, but the request to investigate the jury is not.

Prosecutors have until Wednesday to submit written arguments in response to Nelson’s requests. It’s not clear when the judge will rule.

Here’s a look at some of the issues Nelson raised.

NEW TRIAL REQUEST

Chauvin was convicted in April of second-degree unintentional murder, third-degree murder and manslaughter in the May 25, 2020, death of Floyd, a Black man who was pinned to the ground for about 9½ minutes as he said he couldn’t breathe. Chauvin will be sentenced June 25.

Nelson’s request for a new trial covers everything from the extensive publicity of the case to allegations of prosecutorial misconduct, arguing the state “belittled” Nelson’s defense by calling his arguments “stories.”

He takes issue with the fact that records weren’t made of sidebar discussions between attorneys and the judge, and he says the court abused its discretion by not allowing a man who was with Floyd on the day he died to testify. He also takes issue with the addition of a third-degree murder charge and with the state’s cumulative evidence about the use of force.

Nelson alleges all of these factors deprived Chauvin of his right to a fair trial.

“It’s almost as if Eric is sort of repackaging all of the major objections he made throughout the trial into one brief and putting them back in front of (Judge Peter) Cahill one more time and asking him to reconsider,” said Brock Hunter, a Minneapolis defense attorney who has followed the case.

It’s unlikely a new trial will be granted. Since Cahill already ruled on most of these issues, Hunter and other experts said he probably won’t overturn himself. Still, experts say, Nelson has to try. He also has to present these issues in the trial court, if he wants to raise them on appeal.

“He’s zealously representing his client, as we are ethically bound to do,” Hunter said.

PRETRIAL PUBLICITY

Nelson said intense publicity — both before the trial and due to events during it — tainted the jury pool and prejudiced the jury against his client.

There were reports in February that Chauvin had been prepared to plead guilty to third-degree murder, an announcement during jury selection that Minneapolis reached a $27 million settlement with Floyd’s family, and the fatal shooting of Daunte Wright by a police officer in nearby Brooklyn Center, which happened during Chauvin’s trial and sparked days of protests.

Nelson said Cahill abused his discretion when he denied earlier requests to move the trial out of Hennepin County, postpone the trial and sequester the jury.

Ryan Pacyga, another Minneapolis defense attorney following the case, called the developments that came up during Chauvin’s trial a “perfect storm” and said the cumulative impact is worth noting. He said Nelson’s strongest argument may be that the case should have been delayed.

“If I were to think about any of those things happening in a case where I was defending somebody, I would be going crazy and have serious concerns about the impact — either perceived or real — on a fair trial,” Pacyga said.

REQUEST TO IMPEACH THE VERDICT

The term “impeach” in this context means to call into question the integrity or validity of a jury’s verdict.

Under Minnesota’s Rules of Criminal Procedure, a defendant can ask the court for a hearing to investigate possible juror misconduct. The hearing, known as a Schwartz hearing, gets its name from a 1960 Minnesota Supreme Court case that set up a procedure for examining jurors when their impartiality is questioned.

The case, Schwartz v. Minneapolis Suburban Bus Co., stemmed from an automobile accident. One of the jurors said during jury questioning that he could be fair and impartial, without disclosing that his daughter had been in an accident. According to text of the ruling published on casetext.com, there was dispute about whether he was asked a question about that during jury selection.

After the trial, an investigator for the defendant bus company interviewed the juror and learned about the accident; the juror told the investigator it influenced him to somewhat favor the plaintiffs.

To avoid having attorneys or investigators “harass” jurors by interrogating them, the Minnesota Supreme Court said if a juror’s untruthful answers to questions could prevent someone from getting a fair trial, it’s best to bring the matter before the trial judge. The juror may be summoned to court to answer questions.

ARE SCHWARTZ HEARINGS COMMON?

No. Pacyga said that’s mainly because the judge and attorneys don’t usually know about issues like this unless they’re disclosed somehow. He said the defense has a high bar to overcome to get a Schwartz hearing, and prevailing in one is even tougher.

Related Articles

  • Report: Protest was not broken up for Trump’s photo op
  • Judge grants delay in civil rights case over Floyd’s death
  • Crews clear Minneapolis intersection where George Floyd was murdered
  • Two dozen Oakland officers disciplined over response to George Floyd protest
  • Lots of colleges created scholarships in George Floyd’s name. They might be illegal
In Chauvin’s case, Nelson alleges an alternate juror, who did not deliberate, made public comments after the trial indicating she felt pressured to render a guilty verdict.

He also alleged that a juror who did deliberate, Brandon Mitchell, didn’t follow jury instructions and was not candid during jury selection because he didn’t mention his participation in an Aug. 28 march in Washington, D.C., to honor Martin Luther King Jr. Nelson also alleged Mitchell made comments indicating he based his verdict on outside influence.

Hunter said he expects the state will say Mitchell wasn’t untruthful and that the march wasn’t specifically about police brutality. Hunter noted Mitchell said during jury selection that he supported the Black Lives Matter concept.

“He wasn’t really trying to be evasive or hide the ball about where his viewpoints were during jury selection,” Hunter said.

News Source: mercurynews.com

Tags: mr roadshow cartoons pac 12 hotline celebrities mr roadshow cartoons pac 12 hotline celebrities george floyd morning wire police accountability police killing during chauvin’s trial chauvin’s trial during chauvin’s minnesota supreme court takes issue third degree murder before the trial to investigate police officer derek chauvin the trial a fair trial george floyd these issues a hearing also alleged man the defense the defense response nelson said hunter said

Laurel Hubbard finds support from New Zealand prime minister, Olympic opponent after making history

Next News:

Ohio House finance committee seeks to provide all townships with American Rescue Plan stimulus money

Teamsters to vote Thursday on sweeping push to unionize Amazon workers Should Stock Market Futures Be Your Trading Future?

CLEVELAND, Ohio – The Ohio House Finance Committee added an amendment to Senate Bill 111 on Tuesday that would make all townships eligible to receive American Rescue Plan stimulus money.

© Laura Hancock/Laura Hancock, cleveland.com If approved by the legislature and signed by the governor, the amendment would make all Ohio townships eligible to receive stimulus money, after weeks of uncertainty.

The bill - which appropriates American Rescue Plan funds to the state’s schools and smaller governments – is now awaiting a House floor vote. If passed, it will go back to the Senate for approval before heading to Gov. Mike DeWine’s desk for his signature.

Load Error

The amendment specifies that the state’s Office of Budget and Management should distribute stimulus money to cities, villages and townships with populations less than 50,000. Larger cities and townships, or “metro cities,” are receiving funds directly from the U.S. Treasury, with amounts based on formulas used to allocate Community Development Block Grants. Smaller governments will receive stimulus money through the state based on population.

The Treasury released guidance in May identifying Ohio as one of eight states with co-called “weak” townships, and therefore able determine whether some townships could be deemed ineligible if they don’t provide municipal services or wouldn’t have use for the money. The guidance came after weeks of uncertainty, since the final version of the American Rescue Plan Act only specified that cities and villages – but not townships – should receive money.

The Ohio Township Association said in a news release it was “pleased” by the House Finance Committee’s move toward giving all townships their share of funding.

“The OTA thanks the Finance Committee, is monitoring this crucial development, and will release further information and details pertaining to townships and the funds once the bill progresses through the legislative process,” the release states.

Cleveland.com and The Plain Dealer used census data and Treasury guidelines to estimate how much each Northeast Ohio village, township and smaller city will receive, if all townships are deemed eligible. Read more here.

The Treasury has already announced how much each of Ohio’s 38 metro cities will receive. The money for all local governments will be distributed in two payments over two years.

Stimulus Watch is a public-service journalism project from cleveland.com and The Plain Dealer to track federal stimulus money coming into Northeast Ohio through the American Rescue Plan. Read more at cleveland.com/stimulus-watch.

Other News

  • Mitchell Hamline School Of Law Offers Class On Derek Chauvin Trial
  • Texas grand jury declines to indict jailers involved in Marvin Scott in-custody death
  • Jets: Alijah Vera-Tucker has Quenton Nelson like versatility
  • Sparks coach Derek Fisher slams move to leave Nneka Ogwumike off Olympics roster: ‘We’re pissed’
  • Texas jail guards wont be charged for in-custody death of Marvin Scott III
  • AG Ellison Seeks Comments From Community Leading Into Derek Chauvins Sentencing
  • Texas grand jury declines to indict 8 jail workers for the death of Marvin Scott who was strapped down to a bed, pepper sprayed and made to wear a spit hood
  • Biden to tap SEIU lawyer to serve on NLRB
  • Should Derek Chauvin face 30 years in prison? Criminal justice reform advocates say a long sentence would do more harm than good
  • Grand Jury Declines To Indict 8 Collin County Detention Officers Involved In Marvin Scotts In-Custody Death
  • Ex-Eagles Teammates Looking to Reunite in Indianapolis?
  • Civil grand jury blasts Peralta Community College District board
  • Woman claims stinky Tinder date tried to sue her for turning down sex
  • Tom Cotton warns against ‘new China lobby’ as ODNI lawyer is confirmed despite Huawei links
  • Appeals court hears case of man paralyzed from crash with reinforced mailbox
  • Am I required to neuter my dog? Ask the lawyer
  • Derek Hough Talks Rescuing Pets, How Girlfriend Hayley Erbert Changed His Views on the Cat Vs Dog Debate
  • Trump offers to back Katko challenger after impeachment vote
  • I changed my mind about having sex with my Tinder date when I smelt the skid marks in his pants, then he tried to sue me