Updated: May 05, 2021 07:11 PM
Created: May 05, 2021 04:25 PM
Hennepin County Judge Peter Cahill was asked Tuesday by Derek Chauvin’s lawyer to decide on their motion for a new trial for the former Minneapolis police officer.
The judge had yet to make a decision by Wednesday mid-afternoon, according to online court records.
In the motion, Eric Nelson, Chauvin's attorney, listed prosecutorial and judicial misconduct among the dozen reasons for a new trial.
"People need to remember he's [Nelson] actually asking Judge Cahill to find that Judge Cahill made mistakes here and that Judge Cahill should grant a new trial, because of his own mistakes, that's not going to happen," said Mary Moriarty, a former Hennepin County chief public defender.
Last month, a jury found Chauvin guilty of second-and third-degree murder, and second-degree manslaughter in George Floyd’s death.
Chauvin is scheduled to be sentenced on June 25 in Minneapolis.
"Remember, in the background we're still waiting to hear from Judge Cahill, whether he is going to find aggravating factors and if so which ones," Moriarty said.
Prosecutors asked the judge in a recent filling to consider a stiffer sentence against the ex-Minneapolis police officer including saying "Mr. Floyd was treated with particular cruelty" last Memorial Day while pinned on the ground by Chauvin.
Chauvin’s defense filed a motion objecting to the request for an upward durational sentence.
Cahill’s expected to make a decision on the sentencing request in the coming days to allow both sides time to make their arguments in writing.
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