George Floyd killer Derek Chauvin asks for a new trial alleging false testimony got him convicted

Derek Chauvin, the Minneapolis police officer convicted of murdering George Floyd, is requesting a new trial based on allegations of false testimony that got him convicted, according to court documents.

Chauvin, 49, is serving a 22-and-a-half-year sentence after he was convicted of second-degree murder in April 2021, nearly one year after Floyd was killed on May 25, 2020. Footage of the incident, which quickly went viral online, showed Chauvin using his knee to pin Floyd’s neck to the ground. Chauvin’s knee remained on his neck for nearly 10 minutes.

Floyd’s murder sparked nationwide protests advocating for racial justice and police reform, with demonstrators often chanting some of Floyd’s final words: “I can’t breathe.”

Chauvin’s attorney, Gregory Joseph, has now filed a 71-page document requesting a new trial for his client, claiming he was “deprived of his right to due process” under the 14th Amendment. This comes after Chauvin already pursued several appeals for his conviction.

Joseph alluded to the nationwide attention the case received in his November 20 court filing.

“While the postconviction relief stage of many criminal cases is generally something of an afterthought, this Court is removed from the hysteria of the day and can finally look at the facts and evidence through a clear lens,” the document reads. “It is the first time a judicial officer can view the case without the pressure of the public mood.”

The wide-ranging document outlines several arguments supporting Chauvin’s bid for a new trial, including allegations that some Minneapolis police officials gave “false and misleading testimony,” and that jurors received instructions which “materially misstated the law.”

Chauvin’s attorney also alleged that state medical witnesses who testified about Floyd’s cause of death “convinced the jury that the death of Floyd was due to ‘asphyxia’ while the Hennepin County Medical Examiner refused to reach that conclusion.”

The document cited a report and testimony from Hennepin County Chief Medical Examiner Dr. Andrew Baker, who performed Floyd’s autopsy. The report Baker provided to the state listed his cause of death as “cardiopulmonary arrest, complicating law enforcement subdual, restraint and neck compression,” the document states.

Baker’s “multifactorial process cited many things that contributed to Floyd’s cardiopulmonary arrest,” including chronic heart disease, fentanyl and adrenaline released during the struggle, according to the document.

Chauvin’s attorney also cited a 2022 book by Liz Collin and Dr. JC Chaix, titled, They’re Lying: The Media, the Left, and the Death of George Floyd. The book was critical of testimony provided by state witnesses.

Since the book was published, at least 34 current and former Minneapolis Police Department officers have “come forward to provide sworn statements that MPD trained them to use a knee-to-neck restraint in a variety of situations,” Chauvin’s attorney claimed in the document.

The Minnesota Attorney General’s Office is set to file a response by January 4, according to the Star Tribune.

When reached for comment on Wednesday, a spokesperson for the Minnesota Attorney General’s office told The Independent that the agency will respond to the allegations in court.