Derek Chauvin, the former Minneapolis police officer convicted of murder in the death of George Floyd, is appealing his conviction and sentence, according to documents filed on Thursday.
According to an affidavit filed, Chauvin, who in June was handed a 22 1/2 years sentence for second-degree murder by Hennepin County District Court Judge Peter Cahill, claims that the judge abused his discretion or erred during several key points in the case.
Chauvin said he intends to raise 14 issues, including the judge’s handling of his 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 “clearly biased” jury during the trial, and when he denied requests to postpone the trial or grant a new one.
Earlier this year, Chauvin was convicted of second-degree murder, third-degree murder, and manslaughter for the May 2020 death of Floyd which sparked widespread riots and protests, as well as calls to “defund the police.” Minneapolis was particularly hit hard by weeks of riots, arson attacks, looting, and violence in the wake of Floyd’s death, causing tens of millions of dollars in damage.
Chauvin’s sentence was higher than the presumptive 12 1/2 years after the judge agreed with prosecutors that there were aggravating factors in Floyd’s death. In handing down his sentence, Cahill said Chauvin exhibited “particular cruelty” during Floyd’s death, abused his position of authority as a police officer, and did so in front of children.
At the time, Chauvin, who didn’t testify during his trial, gave his “condolences to the Floyd family.”
Chauvin also faces federal charges for violating Floyd’s civil rights when he knelt on his neck. He has pleaded not guilty to those charges.
The former Minneapolis police officer had 90 days from the imposition of his sentence to file an appeal for a new trial with the Minnesota Court of Appeals. 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.
His affidavit states that he doesn’t have an attorney in the appeals process, and his only current income comes from his nominal prison wages. Previously, his case was funded by the Minnesota Police and Peace Officers Association’s legal defense fund.
“I have been informed that their obligation to pay for my representation terminated upon my conviction and sentencing,” Chauvin wrote.
All 14 issues raised by Chauvin on Thursday had previously been highlighted by defense attorney Eric Nelson in the district court.
Cahill ruled the defense didn’t establish any evidence of juror misconduct either during the trial or during jury selection that warranted an evidentiary hearing.
