Former Minneapolis police officer Derek Chauvin, who was convicted last month of murdering George Floyd, filed an appeal for a new trial on Tuesday.
His attorney, Eric Nelson, petitioned the court, alleging that Chauvin’s constitutional rights were violated when Judge Peter Cahill refused to change the venue of the trial, and that the pretrial publicity deprived the officer of a fair trial.
Nelson also cites “prosecutorial and jury misconduct; errors of law at trial; and a verdict that is contrary to law.”
Chauvin, who jammed his knee into Floyd’s neck for 9 minutes and 29 seconds as the Black man lay in a prone position on the ground, was convicted on one count of second-degree murder, one count of third-degree murder and one count of second-degree manslaughter.
It took the jury about 10 hours over a two-day period to return a guilty verdict for the white police officer, who had worked for the Minneapolis Police Department for around 19 years.
Chauvin is now awaiting sentencing, which could come as early as this month or sometime in June. State sentencing guidelines recommend 12.5 years in prison for a conviction on unintentional second-degree murder for someone with no criminal history. But prosecutors say they want an additional penalty, called an enhancement, because of certain aggravating factors. Ultimately, it will be Cahill’s decision.