The 82-page record lists more than a dozen aspects of the case and trial that Chauvin’s lawyer claims have tarnished the proceedings and made them “structurally defective,” including widespread publicity before the trial and protests outside the courthouse. of the city during the selection of the jury that will pay $ 27 million settlement to the Floyd family. Among the questions Chauvin and his lawyer, William F. Morman, asked the appellate court to reconsider were whether the venue should have been changed, jurors completely isolated, or the trial delayed due to protests until the trial and media coverage.
The complaint also accuses prosecutors of misconduct, alleging that state attorneys did not properly disclose information about the revelation and did not adequately train prosecution witnesses.
CNN contacted Minnesota Attorney General Keith Ellison, chief prosecutor in the Chauvin case, on Tuesday night for comment.
Chauvin was convicted in April 2021 of second-degree manslaughter, third-degree murder and second-degree manslaughter.
A body camera and video from observers who captured the last moments of Floyd’s life on May 25, 2020, show Chauvin kneeling on the neck and back of the 46-year-old black man for more than nine minutes while Floyd gasped and told officers “I can’t breathe.” Floyd’s death and the video sparked lengthy protests across the country over police brutality and racial injustice.
The appeal argues that Chauvin’s sentence should be overturned or the court ordered a new trial elsewhere, saying the trial was “so riddled with errors, misconduct and prejudice that it is structurally flawed.” The complaint also alleges that Chauvin did not receive his constitutional right to due process and a fair trial.
If the verdict is upheld, the appeal said, the court must reduce Shoven’s sentence to be within the state’s guidelines for the verdict.
The former officer was sentenced to 22 and a half years in prison, which exceeds the Minnesota sentence of 10 years and eight months to 15 years. During the sentencing, Judge Peter Cahill wrote in a memorandum that the case required a heavier sentence because Chauvin “abused his position of trust and authority” and treated Floyd “disrespectfully and denied him the dignity due to all human beings.”
Omar Jimenez, Eric Levenson, Aaron Cooper, Ray Sanchez, Dakin Andone and Raja Razek contributed to this report.
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