Derek Chauvin's attorney requests new trial on several grounds, including 'jury misconduct'

The “Get Your Knee Off Our Necks” March on Aug. 28 2020.
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In a Facebook post dated August 31, 2020, Mitchell was pictured wearing a shirt with an image of Martin Luther King along with the words, "Get your knee off our necks" and "BLM", which is short for Black Loves Matter.

However, the defence may now have grounds for appeal after new evidence has emerged showing that one of the jurors, who promised the judge impartiality on the case, was spotted wearing a t-shirt supporting Floyd a year ago.

In recent days it was also revealed that Brandon Mitchell, one of the jurors who convicted Chauvin, was pictured wearing a BLM shirt last summer that referenced Floyd.

Former Minneapolis police officer Derek Chauvin stands after a jury finds him guilty of all charges in his trial for second-degree murder, third-degree murder and second-degree manslaughter in the death of George Floyd in Minneapolis, Minn., on April 20, 2021, in a still image from video.

"I'd never been to DC", Mitchell said in explaining why he attended the rally.

A photo circulated by several news organizations has also raised questions about the impartiality of one juror, Brandon Mitchell, the Washington Post reported.

Last week, the first juror in Chauvin's trial spoke out and described the evidence upon which the seven women and five men convicted the former cop as "overwhelming".

The defence will argue the image is proof that Mitchell was not impartial. He told the Minneapolis Star Tribune that the photo was taken at a march he attended in Washington in August 2020 to mark the anniversary of Martin Luther King's famous "I Have a Dream" speech.

Jury consultant Alan Tuerkheimer told the Washington Post that Mitchell's questionnaire answers could lead to an appeal by Chauvin's attorney.

"If it is determined that the juror did not provide full disclosure to the defense, the question then becomes whether this lack of candor violated Mr. Chauvin's right to a fair trial", Dunn said.

Nelson also accused the Minnesota state prosecutors of misconduct when they disparaged the defense and said the court failed his client when it did not force Morries Hall, who was in the auto with Floyd when police arrived, to testify. "Such determinations are rare".

Mitchell told Nelson during jury selection that he had a "very favorable" opinion of Black Lives Matter, that he knew some police officers at his gym who are "great guys", and that he felt neutral about Blue Lives Matter, a pro-police group.

"Judges do not want to declare mistrials, particularly in a case where there has been a verdict and given the special circumstances of this case", Tuller said.

"In the end, I think it's unlikely that the juror's "revelation" will change the verdict". State sentencing guidelines recommend 12.5 years in prison for a conviction on unintentional second-degree murder for someone with no criminal history.

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