Current:Home > MyProsecutors urge rejection of ex-cop’s bid to dismiss civil rights conviction in George Floyd murder -ProfitPoint
Prosecutors urge rejection of ex-cop’s bid to dismiss civil rights conviction in George Floyd murder
View
Date:2025-04-17 04:11:21
MINNEAPOLIS (AP) — Federal prosecutors urged a judge Friday to reject former Minneapolis police Officer Derek Chauvin’s attempt to overturn his civil rights conviction in the 2020 murder of George Floyd.
Chauvin filed his motion in federal court in November, saying new evidence shows that he didn’t cause Floyd’s death, and alleging ineffective counsel by his defense lawyer. He said he never would have pleaded guilty to the charge in 2021 if his attorney had told him about the idea of two doctors, who weren’t involved in the case, who theorized that Floyd did not die from Chauvin’s actions, but from complications of a rare tumor.
Floyd, who was Black, died on May 25, 2020, after Chauvin, who is white, kneeled on his neck for 9 1/2 minutes on the street outside a convenience store where Floyd tried to pass a counterfeit $20 bill. A bystander video captured Floyd’s fading cries of “I can’t breathe.” Floyd’s death touched off protests worldwide, some of which turned violent, and forced a national reckoning with police brutality and racism.
Chauvin asked U.S. District Judge Paul Magnuson, who presided over the federal case, to throw out his conviction and order a new trial, or at least an evidentiary hearing. Chauvin filed the motion from prison without a lawyer.
In a response filed Friday, lawyers from the U.S. Attorney’s Office for Minnesota and the Justice Department’s Civil Rights Division urged Magnuson to deny the request without a hearing.
They pointed out that Chauvin knowingly and voluntarily waived his appeal rights when he changed his plea to guilty. And they said he failed to show that his attorney’s performance was deficient, even if the outside doctors had contacted him and even if the attorney did not tell Chauvin. They said the evidence proved that Chauvin caused 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,” they wrote.
The U.S. Supreme Court rejected Chauvin’s appeal of his state murder conviction in November, a few days after Chauvin filed his motion to overturn his federal conviction. He is recovering from being stabbed 22 times by a fellow inmate at the federal prison in Tucson, Arizona, in late November. He is serving his 20-year federal civil rights and 22 1/2-year state murder sentences concurrently.
veryGood! (15274)
Related
- 2025 'Doomsday Clock': This is how close we are to self
- One-third of Montana municipalities to review local governments after primary vote
- Starship splashes down for first time in 4th test: See progression of the SpaceX flights
- 'Merrily We Roll Along' made them old friends. Now, the cast is 'dreading' saying goodbye.
- US wholesale inflation accelerated in November in sign that some price pressures remain elevated
- Unclaimed $2.9 million Mega Millions ticket about to expire after being sold in December
- Teen Mom's Briana DeJesus Reveals If She'd Ever Get Back Together With Ex Devoin Austin
- Former astronaut William Anders, who took iconic Earthrise photo, killed in Washington plane crash
- Who are the most valuable sports franchises? Forbes releases new list of top 50 teams
- These 19 Father's Day Grilling Gifts Will Get Dad Sear-iously Fired Up
Ranking
- Juan Soto to be introduced by Mets at Citi Field after striking record $765 million, 15
- This ‘Boy Meets World’ star credits shaman elixir for her pregnancy at 54. Doctors have some questions.
- Model Trish Goff's Son Nyima Ward Dead at 27
- UFO investigation launched in Japan after U.S. report designates region as hotspot for sightings
- What do we know about the mysterious drones reported flying over New Jersey?
- Ex-NBA player Delonte West arrested on multiple misdemeanor charges in Virginia
- Real-world mileage standard for new vehicles rising to 38 mpg in 2031 under new Biden rule
- Carbon dioxide levels in the atmosphere are surging faster than ever to beyond anything humans ever experienced, officials say
Recommendation
Nearly half of US teens are online ‘constantly,’ Pew report finds
AP Decision Notes: What to expect in Nevada’s state primaries
Mississippi is the latest state sued by tech group over age verification on websites
23-year-old sought in deaths of her 3 roommates caught after high-speed chase, authorities say
Who's hosting 'Saturday Night Live' tonight? Musical guest, how to watch Dec. 14 episode
Biden apologizes to Ukrainian President Zelenskyy for holdup on military aid: We're still in
Driver who caused fiery crash that claimed 4 lives sentenced to prison
Oregon closes more coastal shellfish harvesting due to ‘historic high levels’ of toxins