Hennepin County Judge Peter Cahill speaks at during the verdict announcement in the trial of Derek Chauvin at the Hennepin County Courthouse in Minneapolis, April 20 2021.Ĭhauvin's lawyers could also focus the appeal on challenging the third-degree murder charge. No amount of negative publicity would change the verdict." "Prosecutors will probably argue it doesn't matter where we try, this evidence was so overwhelming. "All of these things most certainly have spilled over into the trial," Applebaum said. “I’ll give you that Congresswoman Waters may have given you something on appeal that may result on this whole trial being overturned,” Cahill said. Cahill denied that motion but admitted the comments were controversial. Maxine Waters, who urged protesters over the weekend to “get more confrontational” if Chauvin was found not guilty - a comment Nelson used to request a mistrial. Derek Chauvin trial at the location near Cup Foods in Minneapolis, Minn., Apr 20, 2021.Īnother strategy in the appeal could be pointing out the uproar over the fatal police shooting of Daunte Wright on April 11 in the Minneapolis suburb, which reignited protests in the state.Ĭhauvin's attorney could also cite comments from California Rep. People react to the guilty verdict in the State v. Then you'd have the $27 million settlement on the eve of the trial, which is horrific for the defendant in terms of the City of Minneapolis, his employer, giving $27 million payout for his conduct," he added. For almost one year, it's just been a daily barrage of negative emotions and feelings towards the defendant. "First you have the pretrial publicity, which was horrific if you're the defendant. Simpson wasn't like that," Applebaum told ABC News. I've never seen anything like that - Rodney King wasn't like that, O.J. "Most of the arguments are going to center around the publicity, because being downtown Minneapolis, it was like the Green Zone in Iraq where the U.S. The decision to sequester the jury for only deliberations could also be an appellate issue. That settlement was reached during jury selection.Īfter the settlement was announced, Chauvin’s defense attorney Eric Nelson requested a delay in the trial or a change of venue, arguing the settlement had an “incredible propensity to taint a jury pool." Cahill denied that request on March 19.Ĭahill’s ruling to not move the trial or delay proceedings could be challenged as part of the appeal. The maximum sentence for second-degree murder is 40 years in prison, but Minnesota sentencing guidelines suggest he's more likely to receive up to 15 years, based on his lack of a prior criminal record.įormer Minneapolis police Officer Derek Chauvin arrives for the verdict in his trial for the 2020 death of George Floyd, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn.Īll three charges are eligible for appeal under Minnesota state law - Chauvin could request the verdict be overturned and he be granted a new trialĬhauvin could seek to challenge the verdict based on a number of grounds, including arguing the jury was prejudiced by intense media coverage of the case and the $27 million settlement won by George Floyd’s family to settle a civil lawsuit filed over his death. The nation watched with bated breath on Tuesday as the former Minnesota police officer was found guilty of second-degree murder, third-degree murder and second-degree manslaughter in the May 25, 2020, death of George Floyd in Minneapolis.Ĭhauvin will have 90 days to appeal the verdict, under Minnesota law, and it could take about a year for the appeal to run its course, according to Paul Applebaum, a Minnesota criminal defense lawyer.įollowing the verdict, Judge Peter Cahill announced Chauvin’s sentencing hearing will take place in eight weeks.Ĭhauvin will only be sentenced on the second-degree murder charge because, per state law, if a defendant is convicted of two or more felony offenses from the same incident, the defendant is punished for the “most serious” of the offenses. Derek Chauvin’s legal battle is far from over.
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