- A Minneapolis judge has denied Derek Chauvin’s request for a new trial.
- The judge said he failed to prove there was prosecutorial or juror misconduct in his trial.
- The ruling came a day before Chauvin is to be sentenced for the murder of George Floyd.
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Hennepin County Judge Peter Cahill on Thursday denied Derek Chauvin’s request for a new trial.
The ruling came less than 24 hours before the former Minneapolis police officer is scheduled to be sentenced for the murder of George Floyd.
Chauvin’s attorney, Eric Nelson, had argued that there was prosecutorial or juror misconduct that prevented his client from having a fair trial.
Cahill ruled that Nelson failed to prove the allegations.
In addition to denying the new trial, Cahill also denied Chauvin’s request for a Schwartz hearing – an evidentiary proceeding that brings a juror before the court to examine whether they violated rules set at the trial or lied during jury empanelment.
Nelson had claimed that one of the jurors who deliberated in the trial – Brandon Mitchell – had attended a “Get Off Our Necks” Commitment March, despite responding during jury empanelment that he had not gone to any anti-police brutality protests.
Mitchell was also photographed wearing a shirt that read “Get your knee off our necks” and “BLM.”
Chauvin, who was found guilty of second degree murder, third degree murder, and manslaughter, is scheduled to be sentenced Friday at 1:3o p.m. CT. He faces up to 40 years in prison, though the average sentence for a first time offender convicted of second degree murder in Minnesota is 12 1/2 years.
George Floyd’s family members also have an opportunity to give impact statements at the sentencing. Chauvin will also have the right to speak.