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Derek Chauvin's attorney files motion asking for new trial

Derek Chauvin
Posted at 6:25 PM, May 04, 2021
and last updated 2021-05-04 18:30:02-04

Derek Chauvin's attorney Eric Nelson filed a motion on Tuesday asking for a new trial on multiple grounds after one of the jurors who convicted Chauvin in the murder of George Floyd participated in a protest last summer.

Nelson filed the motion stating that the court abused its discretion for failing to sequester the jury, denying the defense a new trial, and denying to change the venue.

News of the filing comes after a photo of juror Brandon Mitchell was posted to social media, showing him at an Aug. 28 protest in Washington, D.C., to commemorate the 1963 March on Washington.

According to The Associated Press, Floyd's sister and brother spoke at the rally.

KARE11 reported that Nelson has asked for a Schwartz hearing after Mitchell wore a shirt that said: "Get Their Knee Off Our Neck" and question his answers on the juror questionnaire.

According to WCCO, Mitchell wrote that he did not attend any protests over police brutality in his questionnaire.