ELMIRA, N.Y. (WETM) -Comments by U.S. Representative Maxine Waters could fuel the defense’s appeal in the murder trial of Derek Chauvin.
Judge Peter Cahill criticized the California congresswoman who, over the weekend, urged protesters in Minnesota to get more confrontational if the former police officer was not convicted for the death of George Floyd.
Waters stated, in part, “we’ve got to get more confrontational,” in regards to if Chauvin isn’t convicted of murder.
Chauvin’s lawyer asked the judge to declare a mistrial over waters’ statements, arguing that she had prejudiced the jury.
Judge Cahill denied that request, but there may be other venues for an appeal.
“It’s going to be very difficult to do that the judge, number one, sequesters the jury and instructs them to keep all that background, noise out. And right before they go up to deliberate again he lets them know that they’re not allowed to bring anything from the outside into the jury deliberation so it’s highly unlikely that this appeal if it does take place would be successful,” said Michael Donlon, Partner at Welch, Donlon & Czarples PLLC.
Chauvin has yet to file an appeal, but experts say the most likely avenue of appeal is the massive publicity given to the case.