Former Minneapolis police officer Derek Chauvin is appealing against his conviction for murder in the killing of George Floyd, saying jurors were intimidated by protests and prejudiced by heavy pre-trial publicity.
Chauvin asked the Minnesota Court of Appeals in a filing to reverse his conviction, reverse and remand for a new trial in a new venue, or order a resentencing.
Last June, Hennepin County Judge Peter Cahill sentenced Chauvin to 22.5 years in prison after jurors found him guilty of second-degree murder, third-degree murder and second-degree manslaughter.
Floyd died on May 25, 2020, after Chauvin, who is white, pinned the black man to the ground with his knee on his neck for nine minutes and 29 seconds.
The victim had been accused of passing a counterfeit $20 bill at a convenience store.
Three other fired officers face state trial this summer after being convicted in federal court this year of breaching Floyd's civil rights.
Chauvin's attorney, William Mohrman, laid out challenges to his conviction, including that the trial should not have been held in Hennepin County, where Floyd was killed.
“The overwhelming media coverage exposed the jurors, literally every day, to news demonising Chauvin and glorifying Floyd, which was more than sufficient to presume prejudice,” the brief filed on Monday said.
In the months that followed Floyd's killing, protesters took to the streets in Minneapolis and around the country to protest against police brutality and racism. Some rallies turned violent.
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Protesters march on the Brooklyn Bridge during a demonstration on the first anniversary of the death of George Floyd, in New York. Reuters -
Some streets in Manhattan were closed due to the demonstrations on Tuesday evening. AP -
The musician Common performs with the Sounds of Blackness at George Floyd Square in Minneapolis, Minnesota. Floyd's death in May 2020 led to worldwide protests and calls for police reform or abolition. Getty -
Robin Puttin leads a prayer while kneeling and raising her hand on the first anniversary of George Floyd's death, at George Floyd Square, in Minneapolis, Minnesota. Reuters -
Electric and LED candles bearing the names of people killed by police illuminate the fist sculpture as people gather at the George Floyd Square. Reuters -
A man is reflected in a sign during a vigil held to remember George Floyd in Lynn, Massachusetts. Reuters -
House Speaker Nancy Pelosi meets the family of the late George Floyd at the US Capitol in Washington. The family met President Joe Biden and various US politicians, and participated in a memorial at Black Lives Matter Plaza. EPA -
People gather at the sight where George Floyd was killed one year ago, at 38th Street and Chicago Avenue in Minneapolis - an area now called George Floyd Square. EPA -
A man stands next to a mural of George Floyd in Houston, Texas. Reuters -
A family member holds onto Gianna Floyd, daughter of George Floyd, at the White House following their meeting with President Biden in Washington. Reuters -
Gianna Floyd and other family members and lawyers, raise fists after meeting President Biden in Washington. Reuters -
Community organiser Tommy McBrayer leads a chant in solidarity with George Floyd, at George Floyd Square, in Minneapolis. Reuters -
New York City Mayor Bill de Blasio and Reverend Al Sharpton kneel with community leaders for nine minutes and 29 seconds, symbolising Floyd's ordeal at the hands of police. Reuters -
Philonise Floyd, brother to George Floyd, puts his arm around Speaker Nancy Pelosi, near Rep. Karen Bass, as he and other members of the Floyd family meet politicians at the US Capitol. Reuters -
A man places a candle at a memorial in honour of George Floyd, at George Floyd Square in Minneapolis. Reuters -
Black Lives Matter protesters hold placards and shout slogans in Brooklyn, New York. AFP -
People gather at George Floyd Square in Minneapolis. AP -
A man sits in front of the Say Their Names cemetery, close to George Floyd Square, in Minneapolis. AP -
Two women sit on a roof as they listen to a memorial music performance, at George Floyd Square, in Minneapolis. EPA
Mr Mohrman said several potential jurors expressed concerns during jury selection that if Chauvin was acquitted they would fear for their personal safety and worried about more violence.
He said several stated they were intimidated by the security measures at the courthouse to protect trial participants from protesters.
The filing also mentioned the fatal shooting of Daunte Wright by a police officer in nearby Brooklyn Centre that sparked more protests during Chauvin's trial.
It says jurors should have been sequestered after selection to avoid being prejudiced by reports of that killing.
It also referred to a $27 million settlement reached between the city and Floyd's family that was announced during jury selection, saying the timing of that prejudiced jurors.
Mr Mohrman gave several instances of alleged prosecutorial misconduct, claiming untimely sharing of evidence, failure to disclose and document dumping by the government.
The filing also says the judge did not apply the sentencing guidelines correctly and should not have included “abuse of a position of authority” as an aggravating sentencing factor for the former police officer.
Minnesota Attorney General Keith Ellison has 45 days to respond to Chauvin's brief.
The appeal came as the Minnesota Department of Human Rights released the results of a nearly two-year investigation launched after Floyd's death.
It found the Minneapolis Police Department has engaged in a pattern of race discrimination for at least a decade.
It included stopping and arresting black people at a higher rate than white people, using force more often on people of colour, and maintaining a culture where racist language is tolerated.
