Derek Chauvin looks to appeal state murder convictions in George Floyd death

Chauvin's appeal of his murder convictions in state court would not change the 21-year prison sentence he is currently serving on a separate federal civil rights charge.

An attorney for Derek Chauvin is planning to ask an appeals court Wednesday to throw out the former Minneapolis police officer’s convictions in the murder of George Floyd, arguing that numerous legal and procedural errors deprived him of a fair trial.

Floyd died on May 25, 2020, after Chauvin, who is white, pinned the Black man to the ground with his knee on his neck for 9 1/2 minutes. A bystander video captured Floyd’s fading cries of “I can’t breathe.” Floyd’s death touched off protests around the world and forced a painful national reckoning with police brutality and racism.

Hennepin County Judge Peter Cahill sentenced Chauvin to 22 1/2 years after jurors found him guilty of second-degree murder, third-degree murder and second-degree manslaughter. Chauvin later pleaded guilty to a separate federal civil rights charge and was sentenced to 21 years in federal prison, which is he is now serving in Arizona concurrent with his state sentence.

While Chauvin waived his right to appeal under his federal plea deal, he continued to pursue his appeal of his murder convictions in state court. Even if he wins his appeal, his federal sentence will keep him in prison longer than his state sentence likely would because he would qualify for parole earlier in the state system.

“A victory at the Minnesota Court of Appeals would be a pyrrhic victory because it would be functionally meaningless,” said Mike Brandt, a Minneapolis defense attorney who has been following the several cases arising from Floyd’s murder. He pointed out that Chauvin’s time in prison is “pretty well locked in stone” given his federal sentence.

But Chauvin might also like the idea of having the murder conviction off his record, leaving only the federal civil rights count, for when he gets out of prison, Brandt said.

Chauvin’s attorney for the appeal is William Mohrman, who often pursues conservative causes including challenges to President Joe Biden’s election victory and to COVID-19 vaccine mandates. Mohrman took the case after Chauvin struggled to find an attorney to pursue his appeal.

Brandt noted that Mohrman as well as his partners at their firm have taken on many high-profile causes “with a conservative bent” and said this could be yet another.