Prosecutors Urge Rejection of Ex-Cop’s Bid to Dismiss Civil Rights Conviction in George Floyd Murder

By | January 13, 2024

Prosecutors in the United States have urged a judge to reject former Minneapolis police officer Derek Chauvin’s bid to overturn his civil rights conviction in the murder of George Floyd. Chauvin filed a motion in federal court in November, claiming that new evidence disproves his role in Floyd’s death and alleging ineffective counsel by his defense lawyer. He argued that if his attorney had informed him about two doctors who theorized that Floyd died from complications of a rare tumor and not Chauvin’s actions, he would not have pleaded guilty to the charge in 2021.

George Floyd, a Black man, tragically died on May 25, 2020, after Chauvin, who is white, kneeled on his neck for 9 1/2 minutes. The incident, captured on a bystander’s video, showed Floyd pleading that he couldn’t breathe. This sparked protests worldwide, some of which turned violent, and prompted a national reckoning with police brutality and racism.

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Chauvin, who is currently serving a 20-year federal civil rights sentence and a 22 1/2-year state murder sentence concurrently, asked U.S. District Judge Paul Magnuson to either dismiss his conviction and order a new trial or hold an evidentiary hearing. However, lawyers from the U.S. Attorney’s Office for Minnesota and the Justice Department’s Civil Rights Division strongly urged Judge Magnuson to deny Chauvin’s request without a hearing.

In their response filed on Friday, the prosecutors highlighted that Chauvin voluntarily waived his appeal rights when he changed his plea to guilty. They argued that even if the outside doctors had contacted Chauvin and his attorney failed to inform him, there was no evidence to suggest that his attorney’s performance was deficient. They emphasized that the evidence presented during the trial proved that Chauvin was responsible for Floyd’s death.

“The claims Defendant argues that counsel failed to raise are baseless, and counsel cannot be ineffective for failing to raise baseless claims,” the prosecutors wrote.

Chauvin’s appeal of his state murder conviction was rejected by the U.S. Supreme Court in November, just days after he filed his motion to overturn his federal conviction. It’s worth noting that Chauvin was also a victim of violence, as he was stabbed 22 times by a fellow inmate at the federal prison in Tucson, Arizona, in late November. He is currently recovering from his injuries.

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The prosecutors’ response to Chauvin’s motion comes as a significant development in the ongoing case. It reinforces the conviction and sends a strong message that the justice system will not tolerate civil rights violations by law enforcement officers. The rejection of Chauvin’s appeal would serve as a reminder that accountability is crucial in maintaining trust between the police and the communities they serve.

As the case continues to unfold, it remains a pivotal moment in the fight against police brutality and systemic racism. The outcome of Chauvin’s appeal will have far-reaching implications, not only for the Floyd family but also for the broader movement seeking justice and equality.

In conclusion, federal prosecutors have urged the court to reject Derek Chauvin’s attempt to overturn his civil rights conviction in the murder of George Floyd. They argue that Chauvin’s claims are baseless and that his attorney’s performance was not deficient. The response from prosecutors is a significant development in the case, highlighting the importance of accountability and justice in the fight against police brutality. The outcome of Chauvin’s appeal will carry great weight and will shape the future of the movement for equality and justice..

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