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Derek Chauvin's attorneys argue appeal in murder conviction for George Floyd's murder
An attorney for Derek Chauvin asked an appeals court Wednesday to throw out the former Minneapolis police officer's convictions in the murder of George Floyd, arguing that legal and procedural errors deprived him of a fair trial.
MINNEAPOLIS (FOX 9) - Former Minneapolis Police Officer Derek Chauvin will not get a new trial for murdering George Floyd, the Minnesota Court of Appeals has ruled.
The ruling came down at 10 a.m. Monday. Chauvin had appealed his second-degree murder conviction, with his attorney arguing that legal and procedural errors deprived him of a fair trial.
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The appeals court wrote in part: "Police officers undoubtedly have a challenging, difficult, and sometimes dangerous job. However, no one is above the law. When they commit a crime, they must be held accountable just as those individuals that they lawfully apprehend. The law only permits police officers to use reasonable force when effecting a lawful arrest. Chauvin crossed that line here when he used unreasonable force on Floyd."
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The court said when a criminal defendant moves to change venue, continue a trial or sequester the jury on grounds of publicity surrounding the trial, a district court does not abuse its discretion by denying the motions if it takes sufficient mitigating steps and verifies the jurors can set aside their opinions to deliver a fair verdict.
"We further conclude that Chauvin is not entitled to a new trial based upon the district court’s failure to ensure that sidebar conferences were transcribed and that any alleged cumulative error did not deny Chauvin a fair trial. Finally, we decline to address Chauvin’s challenge to his third-degree-murder conviction because the district court did not convict Chauvin of or sentence him for this offense," the appeals court ruled.
"I am grateful for the decision of the Court of Appeals, and grateful we have a system where everyone, no matter how egregious their offense, is entitled to due process and fair treatment. The Court’s decision today shows once again no one is above the law — and no one is beneath it," Minnesota Attorney General Keith Ellison, who was the lead prosecutor in the case, said in a statement on Monday.
This is a developing story. Check back for updates.