The appeal also accuses prosecutors of misconduct, alleging the state’s attorneys failed to properly disclose discovery information and adequately prepare prosecution witnesses.
CNN reached out Tuesday night to Minnesota Attorney General Keith Ellison — the lead prosecutor in the Chauvin case — for comment.
Body camera and bystander video that captured the final moments of Floyd’s life on May 25, 2020, shows Chauvin kneeling on the 46-year-old Black man’s neck and back for more than nine minutes as Floyd gasped for air and told officers, “I can’t breathe.” Floyd’s death and the video ignited prolonged protests across the country over police brutality and racial injustice.
The appeal filing argues Chauvin’s conviction should be overturned or the court should order a new trial in a different venue, saying the court proceedings were “so pervaded by error, misconduct and prejudice that they were structurally defective.” The filing also argues Chauvin was not given his constitutional right to due process and a fair trial.
If the conviction is upheld, the appeal filing says, the court should reduce Chauvin’s sentence to be within the state’s sentencing guidelines.
CNN’s Omar Jimenez, Eric Levenson, Aaron Cooper, Ray Sanchez, Dakin Andone and Raja Razek contributed to this report.
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