Derek Chauvin, the former Minneapolis police officer famously convicted of second-degree murder for the death of George Floyd, is seeking a new trial. He has recently filed an appeal in Hennepin County District Court, arguing for this reconsideration.
In his appeal, Chauvin contends that his conviction should be overturned. He cites several points: flawed medical testimony, misrepresented police training, and incorrect jury instructions as the basis for his request for a new trial or at least an evidentiary hearing. These, he claims, are significant enough to warrant a reassessment of his case.
Chauvin challenges the findings of four physicians who reviewed the medical examiner’s report regarding Floyd’s death. He argues that these medical experts primarily relied on video evidence showing Minneapolis police officers restraining Floyd, which he believes led to inaccuracies in their testimonies.
The appeal documents state, “This led to many errors throughout, as improperly qualified experts opined on events in the various videos in this case.” Chauvin asserts that these alleged missteps compromised his right to due process.
During the trial, Derek Chauvin notably exercised his Fifth Amendment rights, choosing not to testify. This decision, along with the aforementioned claims, forms the crux of his appeal as he seeks another chance in court.
“This led to many errors throughout, as improperly qualified experts opined on events in the various videos in this case,” the filing reads. “This served to deprive Chauvin of his right to due process.”
The filing states that Chauvin retained physicians at the Forensic Panel who will testify that the physicians who testified at his trial used methodology that “is not generally accepted in the scientific community.”
Chauvin also disputed testimony from three Minneapolis police supervisors, who swore the tactic of placing a knee on a suspect’s neck as a restraint was inconsistent with city police policy.
The filing states that 34 current and former Minneapolis police officers have made sworn statements saying the knee tactic was part of their training and consistent with the department’s policy.
Derek Chauvin is serving his sentence at the Federal Correctional Institution in Big Spring, Texas. (Minnesota Department of Corrections)
Chauvin further argued that the court’s actions violated his right to due process.
Floyd, 46, died in May 2020 after Chauvin pinned him to the ground with a knee on his neck as Floyd repeatedly said he could not breathe.
In this image from video, former Minneapolis police officer Derek Chauvin listens as his defense attorney Eric Nelson gives closing arguments on Monday, April 19, 2021, at the Hennepin County Courthouse in Minneapolis. (Court TV via AP, Pool)
Chauvin is housed at the Federal Correctional Institution in Big Spring, Texas, a low-security prison. He is simultaneously serving a 21-year federal sentence for violating Floyd’s civil rights and a 22 1/2-year state sentence for second-degree murder.
He is set to be released in 2038.
Chauvin was previously denied an appeal for a new trial in 2023.
