Derek Chauvin, the former Minneapolis officer convicted of murder in 2021 in George Floyd’s death, has filed a motion for a new state trial.

Why is Chauvin asking for a new trial?

According to KARE 11, Chauvin cited several errors he claims denied him a fair trial, including misconduct by the prosecutors and false testimony from expert witnesses.

His attorney, Gregory Joseph, filed a 71-page document in Hennepin County on Nov. 20, asking that three of Chauvin’s convictions, including the second-degree murder charge, be thrown out and a new trial be ordered.

Joseph stated early in the document that an officer of the court can review the case with a clear mind, given the heightened pressure surrounding the high-profile case and the 2020 incident.

“This Court is removed from the hysteria of the day and can finally look at the facts and evidence through a clear lens,” the documents read. “It is the first time a judicial officer can view the case without the pressure of the public mood.”

What are the defense’s main arguments used in the court filing?

Joseph made several assertions in the motion, starting with the testimony from three Minneapolis police supervisors: then-Police Chief Maderia Arrandono, Inspector Katie Blackwell, and training coordinator Lt. Johnny Mercil. During the trial, they testified that the tactic Chauvin used, placing his knee on Floyd’s neck to subdue him, violated the department’s policy.

However, he argued against their sworn statements. He included 34 current and former Minneapolis police officers who have since come forward to provide sworn statements saying the knee-to-neck tactic Chauvin used was part of their training.

“Not only was the knee-to-neck/upper shoulder restraint trained, its use was common knowledge and part of MPD policy,” one wrote.

Another claim the defense raised was that state experts used video evidence from the incident to determine Floyd’s death rather than the official autopsy results and medical tests conducted shortly after his death. They accused the prosecution of relying on video footage instead of the results from Hennepin County Medical Examiner Dr. Andrew Baker.

In his findings, Baker determined that Floyd died of “cardiopulmonary arrest, complicating law enforcement subdual, restraint, and neck compression,” but he did not find any evidence of asphyxia, Fox 9 reported. At the time, four other physicians reviewed Baker’s medical investigation and determined that Floyd died from asphyxia.

To counter their claims, Chauvin and his defense team have retained a group of physicians from the Forensic Panel to refute their findings, stating that their results at trial are not “generally accepted in the scientific community.”

Dr. Martin Tobin, a renowned expert in the science of breathing, reviewed the medical records related to the case and the video footage and determined Floyd “died from a low level of oxygen” that caused brain damage and a pulseless electrical activity, which caused his heart to stop.

How long has Chauvin been in prison?

Chauvin was convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in Floyd’s death in April 2021. He is currently serving a 22.5-year prison sentence at the Federal Correctional Institution in Big Spring, Texas, Blavity and Fox 9 reported.

Chauvin’s sentence combines his state and federal convictions, and he’s expected to be released from prison in November 2037.

court filing

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