The defense attorney filed a motion arguing that the former Minneapolis police officer convicted of murdering George Floyd was not given due process. The motion alleges that the publicity surrounding the trial intimidated the defense’s witnesses and influenced the jury. Legal experts say such claims are commonplace in legal proceedings.

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Feven Gerezgiher reports:

On Tuesday, the defense attorney for Derek Chauvin filed a motion requesting a new trial. The motion argues that the former Minneapolis police officer convicted of murdering George Floyd was not given due process. Among other things, it alleges that the publicity surrounding the trial intimidated the defense’s witnesses and influenced the jury.

Attorney Andrew Gordon of the Legal Rights Center says a new trial would not change the amount of publicity. 

“When they're talking about a new trial, I don't honestly think they care necessarily about the publicity and I don't think they care necessarily about the protests,” said Gordon. “What they're looking for is a jury pool that is more favorable to someone like Derek Chauvin. So you need the jury pool and actual jury to get whiter, you need it to get more conservative. You'll likely need it to be a little bit more rural than the urban jury and the suburban jury that you got in Hennepin County.”

A juror for the Chauvin trial sparked concerns about bias when it was recently revealed he attended the anniversary of Martin Luther King’s March on Washington last summer, wearing a Black Lives Matter hat and t-shirt. 

But Gordon says that such motions are common for anyone facing jail time. He says it is unlikely Chauvin will get a new trial.

“The rationale for filing a motion like this is not necessarily because you think you're going to win in front of the trial judge...The rationale for filing a motion like this is because you have to file it, you have to make the objection, so that an appellate court can look at the same issues.”

Gordon said that after sentencing, Chauvin will be able to take his case to an appellate court. From there, the case could be taken to the MN Supreme Court. The attorney says the process could take one to two years.