Minn. appeals court rejects Chauvin’s bid for new trial

Ex-officer’s claim of intense media scrutiny dismissed

A Minnesota appeals court Monday upheld former Minneapolis police officer Derek Chauvin’s convictions in the murder of George Floyd, rejecting his petition for a new trial on state charges in the man’s 2020 killing.

In a ruling issued Monday, the Minnesota Court of Appeals dismissed Chauvin’s argument that intense media publicity and other legal and procedural issues had impaired his right to a fair trial.

“Police officers undoubtedly have a challenging, difficult, and sometimes dangerous job. However, no one is above the law. When they commit a crime, they must be held accountable just as those individuals that they lawfully apprehend,’’ the order reads. “The law only permits police officers to use reasonable force when effecting a lawful arrest. Chauvin crossed that line here when he used unreasonable force on Floyd.’’

An attorney for Chauvin did not immediately respond to a request for comment.

The decision comes nearly two years after a Hennepin County jury found Chauvin guilty of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in Floyd’s death.

Floyd died May 25, 2020, after Chauvin pressed his knees into the Black man’s neck and back for more than nine minutes as officers sought to arrest him for allegedly passing a counterfeit $20 bill at a South Minneapolis market.

Viral bystander video of the incident showed Floyd begging for breath and ultimately going limp as Chauvin and the other officers ignored his cries for help.

Floyd’s killing spurred a national reckoning on issues of race and policing and sparked mass demonstrations around the world, including fiery protests that left parts of Minneapolis burned and destroyed. Chauvin and the three other officers — J. Alexander Kueng, Thomas K. Lane, and Tou Thao — were all fired from Minneapolis force and charged with state and federal crimes in Floyd’s death.

Hennepin County District Court Judge Peter A. Cahill, who presided over Chauvin’s six-week state trial, sentenced Chauvin in June 2021 to 22½ years in prison on the state charges. Months later, Chauvin pleaded guilty to violating Floyd’s federal civil rights. In that case, Chauvin was sentenced to 20 years in federal prison — which he is serving concurrently with his state sentence.

Chauvin, who is jailed at a federal prison in Tucson, waived his right to appeal his federal sentence as part of the plea deal. In that case, Chauvin publicly acknowledged his role in Floyd’s death for the first time — admitting he kept his knees on Floyd’s neck and body even as he heard the man saying he couldn’t breathe and ultimately became unresponsive.

Chauvin also acknowledged he heard bystanders urging him to check Floyd’s pulse but did nothing and blocked others from rendering medical aid.

Chauvin admitted he “knew what he was doing was wrong,’’ according to a plea deal signed by the former officer. Under conditions of the federal plea deal, Chauvin waived his right to appeal and is expected to serve roughly 18 years before he is eligible for parole.

In January, William Mohrman, an attorney for Chauvin, argued before a three-judge panel of the appeals court that Cahill should have moved the trial out of Hennepin County.

Mohrman cited extensive pretrial publicity and lingering fears of protest that led to the downtown Minneapolis courthouse and much of the surrounding area being locked down under unprecedented security, which he argued unfairly swayed the opinions of jurors.

But the appeals court rejected those arguments, writing that Chauvin had not proven “actual prejudice by the jury.’’