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Derek Chauvin, the ex-Minneapolis police officer convicted of second-degree murder in the killing of George Floyd, has filed an appeal requesting a new trial.
Chauvin submitted the filing last month in Hennepin County District Court.
In the filing, Chauvin claims his conviction should be vacated, saying flawed medical testimony, misrepresented police training and faulty jury instructions warrant a new trial or evidentiary hearing.
Chauvin disputes the conclusions of four physicians who reviewed a medical examiner’s report on Floyd’s death, insisting they relied on video evidence of Minneapolis police officers restraining Floyd.
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“This led to many errors throughout, as improperly qualified experts opined on events in the various videos in this case,” the filing reads. “This served to deprive Chauvin of his right to due process.”
The filing states that Chauvin retained physicians at the Forensic Panel who will testify that the physicians who testified at his trial used methodology that “is not generally accepted in the scientific community.”
Chauvin also disputed testimony from three Minneapolis police supervisors, who swore the tactic of placing a knee on a suspect’s neck as a restraint was inconsistent with city police policy.
The filing states that 34 current and former Minneapolis police officers have made sworn statements saying the knee tactic was part of their training and consistent with the department’s policy.
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Chauvin further argued that the court’s actions violated his right to due process.
Floyd, 46, died in May 2020 after Chauvin pinned him to the ground with a knee on his neck as Floyd repeatedly said he could not breathe.
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Chauvin is housed at the Federal Correctional Institution in Big Spring, Texas, a low-security prison. He is simultaneously serving a 21-year federal sentence for violating Floyd’s civil rights and a 22 1/2-year state sentence for second-degree murder.
He is set to be released in 2038.
Chauvin was previously denied an appeal for a new trial in 2023.
The Associated Press contributed to this report.
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