Wed | Dec 1, 2021

Derek Chauvin to appeal conviction, sentence in George Floyd’s death

Published:Friday | September 24, 2021 | 10:33 AM
In this June 25, 2021, file image taken from pool video, former Minneapolis police Officer Derek Chauvin addresses the court as Hennepin County Judge Peter Cahill presides over Chauvin's sentencing at the Hennepin County Courthouse in Minneapolis. Chauvin, convicted of murder in George Floyd’s death, intends to appeal his conviction and sentence, saying the judge abused his discretion or erred during several key points in the case, according to documents filed Thursday, September 23, 2021. (Court TV via AP, Pool, File)

MINNEAPOLIS (AP) — The former Minneapolis cop convicted of murder in George Floyd's death intends to appeal his conviction and sentence, saying the judge abused his discretion or erred during several key points in the case, according to documents filed Thursday.

Derek Chauvin said he intends to appeal on 14 grounds.

Among them, he claims Judge Peter Cahill abused his discretion when he denied Chauvin's request to move the trial out of Hennepin County due to pretrial publicity.

He also claimed the judge abused his discretion when he denied a request to sequester the jury for the duration of the trial, and when he denied requests to postpone the trial or grant a new one.

Chauvin was convicted earlier this year on state charges of second-degree unintentional murder, third-degree murder and second-degree manslaughter in Floyd's 2020 death.

He was sentenced to 22 1/2 years – a sentence higher than the presumptive 12 ½ years after the judge agreed with prosecutors that there were aggravating factors in Floyd's death.

Chauvin is also charged in federal court with violating Floyd's civil rights when he knelt on the Black man's neck for about 9 1/2 minutes as Floyd was facedown on the pavement, not resisting and pleading for air. He has pleaded not guilty to those charges.

Chauvin had 90 days from his sentencing to file notice that he intends to appeal.

In addition to his notice, he also filed a motion to put the appeals process on hold until the Supreme Court reviews an earlier decision to deny him a public defender to represent him in his appeal.

In an affidavit filed Thursday, Chauvin said he has no attorney in the appeals process and has no income aside from nominal prison wages.

His case before Cahill was funded by the Minnesota Police and Peace Officers Association's legal defence fund. Chauvin wrote: “I have been informed that their obligation to pay for my representation terminated upon my conviction and sentencing.”

All grounds that Chauvin raised in his notice of intent to appeal had been raised previously by defence attorney Eric Nelson as the case worked its way through the district court.

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