GUILTY MN - George Floyd, 46, killed in police custody, Minneapolis, 25 May 2020 #20

[BetteDavisEyes]

Derek Chauvin files motion for new trial in George Floyd case, alleging jury misconduct (nbcnews.com)

Chauvin’s attorney, Eric Nelson, filed the request alleging that the former officer's ability to have a fair trial was affected by pretrial publicity.

 

[missy1974]

Apparently he was with people wearing those shirts, he was not wearing one himself. And it was not considered a protest, it was a commemoration of Martin Luther King Jr's speech. But others are interpreting it as otherwise.

A jury consultant thinks it is not enough to dismiss the conviction, just that Nelson will mention it in his inevitable appeal.

There was always going to be an appeal. imo


... standing next to two relatives wearing a black T-shirt with a picture of Martin Luther King Jr. with the words “Get your knee off our necks”
Some users took to social media and interpreted the photograph .... as sign of activism that tainted the juror’s ability to be “impartial” during Chauvin’s conviction process.

Jury consultant Alan Tuerkheimer said it is likely that Chauvin’s defense attorney Eric J. Nelson will use this information to push for an appeal but argued that the photo itself would not be enough to dismiss the conviction.

https://www.washingtonpost.com/nation/2021/05/03/chauvin-trial-juror/

He is wearing the shirt, photo is in this link:

Derek Chauvin juror could have risked the guilty verdict claim experts by attending BLM rally in DC | Daily Mail Online

I can't get to the link you posted.

 

[SouthAussie]

He is wearing the shirt, photo is in this link:

Derek Chauvin juror could have risked the guilty verdict claim experts by attending BLM rally in DC | Daily Mail Online

I can't get to the link you posted.

The link I posted comes from this post. It is a Washington Post article ...

The article says that it is likely that all that will happen is the judge will call Mr Mitchell in and ask him some questions .. this will not cause a mistrial (as per a qualified jury consultant, Alan Tuerkheimer.)

https://www.google.ca/amp/s/www.washingtonpost.com/nation/2021/05/03/chauvin-trial-juror/?outputType=amp

 

[kittythehare]

Chauvin’s attorney files for a new trial on a list of grounds including change of venue denial and request to sequester the jury, and prosecutorial misconduct, etc

DEFENDANT’S NOTICE OF MOTIONS AND POST-VERDICT MOTIONS:

https://www.mncourts.gov/mncourtsgo...7-CR-20-12646/Notice-of-Motion-and-Motion.pdf

Derek Chauvin's Attorney Files Motion For New Trial

and yada yada yada.. all par for the course.

Mary
Moriarty says this-
Pretty standard motion - mostly on issues already raised during the trial. Only new thing is the request for a Schwartz hearing on juror misconduct. At this point it’s extremely vague
https://twitter.com/MaryMoriarty/status/1389709369038671872?s=20

 

[kittythehare]

On the juror, Mary Moriarty tweets this-
1. Wa
s he honest on the questionnaire? I have read many questionnaires and some people read the questions narrowly and some write irrelevant things just in case they apply. I can imagine a person attending a march in DC commemorating MLK’s speech
Cont: …not specifically seeing it as a protest against police brutality. It was before the election, it was about voting rights, as well as many other issues - including police brutality. It would be hard to come to the conclusion that he was untruthful, even if
…you think the march was something he should have discl

osed in answer to that question. 2. Did he misrepresent himself during jury selection? He said he had a very favorable opinion of BLM. The protest/BLM/blue lives matter questions were a proxy for attitudes on police
…race, and other issues. He does not appear to have misrepresented who he was. Would knowing that he marched on the anniversary of MLK’s speech have changed the defense view? They could also have asked more questions about marches in general or used a peremptory.

https://twitter.com/MaryMoriarty/status/1389671929754181634?s=20

 

[RANCH]

He is wearing the shirt, photo is in this link:

Derek Chauvin juror could have risked the guilty verdict claim experts by attending BLM rally in DC | Daily Mail Online

I can't get to the link you posted.

He sure was wearing a shirt that said "Get Your Knee Off Our Necks." That shirt is obviously a statement protesting the actions of Derek Chauvin in the death of George Floyd.

In my opinion Brandon Mitchell committed perjury during jury selection. Should be grounds for a retrial. JMO

 

[shotgun09]

WoW! What a read!

https://www.mncourts.gov/mncourtsgo...7-CR-20-12646/Notice-of-Motion-and-Motion.pdf

Besides the juror who wore the shirt, and talked too much...

One thing I didn't know, that there was not ANY record of or transcript of the numerous 'sidebars'. In such a HUGE and high profile case, you would think that would have been addressed. Aren't all trials... including sidebars, recorded in one way or another?

And, the complete disaster witness that wasn't... Morries Hall...That's also a doozy.

Mind boggling!

 

[dixiegirl1035]

WoW! What a read!

https://www.mncourts.gov/mncourtsgo...7-CR-20-12646/Notice-of-Motion-and-Motion.pdf

Besides the juror who wore the shirt, and talked too much...

One thing I didn't know, that there was not ANY record of or transcript of the numerous 'sidebars'. In such a HUGE and high profile case, you would think that would have been addressed. Aren't all trials... including sidebars, recorded in one way or another?

And, the complete disaster witness that wasn't... Morries Hall...That's also a doozy.

Mind boggling!

I too found surprising that sidebars were not transcribed. I'd never heard of such either. I would think that would be VERY VERY important to have on record. (They have been sometimes entertaining to read after trials, e.g. Jodi Arias case banters)

 

[missy1974]

On the juror, Mary Moriarty tweets this-
1. Wa
s he honest on the questionnaire? I have read many questionnaires and some people read the questions narrowly and some write irrelevant things just in case they apply. I can imagine a person attending a march in DC commemorating MLK’s speech
Cont: …not specifically seeing it as a protest against police brutality. It was before the election, it was about voting rights, as well as many other issues - including police brutality. It would be hard to come to the conclusion that he was untruthful, even if
…you think the march was something he should have discl

osed in answer to that question. 2. Did he misrepresent himself during jury selection? He said he had a very favorable opinion of BLM. The protest/BLM/blue lives matter questions were a proxy for attitudes on police
…race, and other issues. He does not appear to have misrepresented who he was. Would knowing that he marched on the anniversary of MLK’s speech have changed the defense view? They could also have asked more questions about marches in general or used a peremptory.

https://twitter.com/MaryMoriarty/status/1389671929754181634?s=20

On the surface this looked like a MLK speech anniversary date march. But after I did a bit of looking last night (which took me a whole 5 minutes), it was NOT.

It was set up by Sharpton and his group the National Action Network.

It was announced at GF's funeral, or one of them. When he announced it, it was stated it would be a march for change in policing and criminal justice.

Do you know what the name of the march was? It was called Commitment March: Get your Knee off our Necks. A simple google search brings it up, click here.

The question that he answered no to was... have you or anyone close to you ever participated in protests about police use of force or police brutality? Based on the above information, how could he have answered no?

IMO the defense would never have accepted this juror based on the above information.

 

[missy1974]

WoW! What a read!

https://www.mncourts.gov/mncourtsgo...7-CR-20-12646/Notice-of-Motion-and-Motion.pdf

Besides the juror who wore the shirt, and talked too much...

One thing I didn't know, that there was not ANY record of or transcript of the numerous 'sidebars'. In such a HUGE and high profile case, you would think that would have been addressed. Aren't all trials... including sidebars, recorded in one way or another?

And, the complete disaster witness that wasn't... Morries Hall...That's also a doozy.

Mind boggling!

oh my, I missed that! What the heck!

 

[Apollo]

He sure was wearing a shirt that said "Get Your Knee Off Our Necks." That shirt is obviously a statement protesting the actions of Derek Chauvin in the death of George Floyd.

In my opinion Brandon Mitchell committed perjury during jury selection. Should be grounds for a retrial. JMO

And charges against him for committing perjury!

 

[RANCH]

And charges against him for committing perjury!

He should be charged with committing perjury but I don't think that will happen. JMO

 

[Weki]

For one, I agree that generally individual jurors giving press conferences or multiple interviews never looks good! It always makes me nervous because I know defense is looking for any excuse to request a retrial/jury misconduct. In this case, due to the political nature of the case, the private thoughts of the jury are better off staying private. Otherwise it just gives the opposing side ammunition to misconstrue etc. And I don’t know why any juror would chose to thrust themselves into the limelight like this. It just looks like a thirst for attention.

In any case, I don’t think this is going to lead to a retrial!

 

[mickey2942]

Going to make popcorn. We knew that an appeal was pending, but this information is absolutely egregious.

Slam dunk on a new trial, or accept a plea.

 

[shotgun09]

I can just hear the judge, giving Eric a nod and a soft..."Umm No, denied " to these motions. Nelson is doing what he has to do. This will all move through the system.
However...
How can there be a proper and formal appeal in the Appellate courts for this trial, without a full court transcript? This case was IMO poorly handled, and I do wonder why

 

[BUF]

Chauvin’s attorney files for a new trial on a list of grounds including change of venue denial and request to sequester the jury, and prosecutorial misconduct, etc

DEFENDANT’S NOTICE OF MOTIONS AND POST-VERDICT MOTIONS:

https://www.mncourts.gov/mncourtsgo...7-CR-20-12646/Notice-of-Motion-and-Motion.pdf

Derek Chauvin's Attorney Files Motion For New Trial

Nelson wants a hearing to impeach the verdict. That’s a new one for me.

Found this, but haven’t read it yet:
https://open.mitchellhamline.edu/cg...e.com/&httpsredir=1&article=2774&context=wmlr

 

[dixiegirl1035]

For one, I agree that generally individual jurors giving press conferences or multiple interviews never looks good! It always makes me nervous because I know defense is looking for any excuse to request a retrial/jury misconduct. In this case, due to the political nature of the case, the private thoughts of the jury are better off staying private. Otherwise it just gives the opposing side ammunition to misconstrue etc. And I don’t know why any juror would chose to thrust themselves into the limelight like this. It just looks like a thirst for attention.

In any case, I don’t think this is going to lead to a retrial!

I wouldn't want to be him right now, for sure. He's even double downed in the media, which may have made it even worse. SMH We shall see if such is determined proof of his bias, which would cause it to be thrown out. MOO

He appears to have in his future more than 15 minutes of fame.

https://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1122&context=lawfaculty

 

[missy1974]

I can just hear the judge, giving Eric a nod and a soft..."Umm No, denied " to these motions. Nelson is doing what he has to do. This will all move through the system.
However...
How can there be a proper and formal appeal in the Appellate courts for this trial, without a full court transcript? This case was IMO poorly handled, and I do wonder why

Yep, the judge did that through the whole trial. Kicked the can. Let the appeals deal with it IMO Which is never how a trial should go, also IMO. As for the full court transcript... I don't know how they get around that one, I don't even know if we would be able to find a similar case to compare it to? Strange for sure.

 

[turaj]

Hey he was looking for attention and being part of history...I think he will get just that.

 

[angelainwi]

WoW! What a read!

https://www.mncourts.gov/mncourtsgo...7-CR-20-12646/Notice-of-Motion-and-Motion.pdf

Besides the juror who wore the shirt, and talked too much...

One thing I didn't know, that there was not ANY record of or transcript of the numerous 'sidebars'. In such a HUGE and high profile case, you would think that would have been addressed. Aren't all trials... including sidebars, recorded in one way or another?

And, the complete disaster witness that wasn't... Morries Hall...That's also a doozy.

Mind boggling!

I am pretty sure that at the end of the trial that Judge Cahill asked both the prosecution and the defense to come together to paraphrase the sidebars.