Chauvin Appeal Argues Juror Lied on Questionnaire About Involvement in Protests

 In briefs to the Minnesota Court of Appeals Derek Chauvin's lawyers argue again that juror Mitchell lied in answering "no" to jury questionnaire questions about his involvement in any protests over the killing of George Floyd or protesting police brutality.  Mitchell had traveled to Washington D.C. on 8-28-20 to participate in a march "Get Your Knees Off Our Necks" and wore a t-shirt bearing that slogan.  The defense argues that having no knowledge of these facts denied Chauvin the right to consider making a challenge to this juror for cause or, if denied, using a peremptory strike of Mitchell.  This is just one of many issues raised on appeal.

Alleged Juror Misconduct During Boston Marathon Bomber Trial Raised on Appeal

 Tsarnaev was convicted in the deaths of 3 people at the 2013 Boston Marathon and sentenced to death.  This sentence was reinstated by the Supreme Court last year.  Defense attorneys are alleging again that the trial judge erred in failing to investigate allegations that 2 jurors committed misconduct by lying during jury selection.  One juror denied commenting about the case online but had retweeted a post calling Tsarnaev a "piece of garbage."  Another allegedly received a message from a friend urging them to "play the part" in order to get on the jury and insure Tsarnaev went to jail to get what he deserves.  

In several posts here over the years I have emphasized that trial judges must not simply ignore these types of allegations of misconduct at the risk of trying the case all over again at great cost to all involved.  All allegations, whether seemingly trivial or not, should be thoroughly investigated even if it lengthens the trial time.  Defendants are entitled to fair trials under our Constitution regardless of the seriousness of the offense.

Defense Attorneys Seek Investigation of Social Media Post Possibly Made by Juror

 Aaron Dean, a police officer, was convicted of manslaughter in the 2019 shooting death of Atatiana Jefferson during a welfare check.  The Texas jury sentenced him to 11 years, 10 months and 12 days in prison, which his attorneys feel is highly unusual.  A copy of a social media post during the course of deliberations in the penalty phase was provided to the court.  Judge George Gallagher granted the defense motion to reveal the juror who may have posted on social media during the trial. (January 7, 2023). I will follow this story as matters progress and update this posting.