LAL #023 — The Chauvin Appeal and the Federal Prosecution: The Fair Trial Entitlement

Law and Legitimacy

The law is a clear: a defendant is entitled to a fair trial, not a perfect trial.

In the case of Minnesota v. Derek Chauvin, there are good reasons to doubt whether Chauvin received a fair trial. Even the federal government seems to acknowledge that; why else would federal prosecutors bring federal charges before sentence is even imposed? Chauvin’s lawyer filed a motion to set aside the verdict this week, asking for more time to fully brief the issues. Among the issues he raises is a significant claim of juror misconduct.

It turns out one juror, Brandon Mitchell, was observed at a rally, smiling, and wearing a t-shirt emblazoned with the words: “Get Your Knee Off My Neck,” long before the trial. Mitchell never disclosed this to the court during jury selection. Neither did he disclose his podcasts on the topic. He claimed little knowledge about, or interest in, the case. Maybe he was truthful, in a niggling sort of way; the sort of way Bill Clinton denied having had sex with Monica Lewinsky — fellatio isn’t the missionary position after all. Mitchell should never have been seated on the jury. He did tell the court that he would “love” to be part of the case because it was the “most historic” case of his lifetime. Jury Selection 101: Never sit a juror who wants to be there — they have a mission.

Jurors ought to be reluctant to take on the responsibility, much like a draftee. Beware the juror who wants to serve, they are like enlistees after 9-11; they want to go out and start shooting. There are other issues regarding this trial, including one that should result in reversal on appeal: The trial court refused to record sidebar discussions where evidentiary rulings were debated. This failure results in an incomplete record for appeal. Appellate Courts have reversed simply on the grounds that the trial court failed to make such a record. So why are the feds prosecuting now?

They can’t prove a race-based civil rights violation with competent evidence. This was a sad confrontation with tragic consequences. The simple fact is that had Floyd simply shown his hands and answered a few questions, he’d be alive today. Yes, officers may need better training on how to deal with the intoxicated and impaired. But to say the failings in this case amount to a federal case is ridiculous. Even so, perhaps the federal charges with lead Judge Cahill in Minnesota conclude that there would be little harm in setting aside the jury’s verdict.

Minnesota wasn’t up to the task of providing a fair trial for Derek Chauvin; perhaps the feds can do so.

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