Attorneys for former Minneapolis police officer Derek Chauvin filed a petition Tuesday seeking a dismissal of the state murder charges against him, arguing that it was unlawful for Gov. Tim Walz to assign Minnesota Attorney General Keith Ellison to prosecute the case
In April 2021, Chauvin, 50, was convicted of second-degree murder in the death of George Floyd in police custody in May 2020. Video showed that Chauvin had his knee on Floyd’s neck for over 9 minutes.
An autopsy revealed that there was both fentanyl and methamphetamine in the man’s system, which may have been contributing factors to his death. Floyd would not comply with police orders to stay in the squad car, prompting Chauvin to eventually get on top of him and put a knee on his neck to subdue him.
Chauvin is currently serving a state sentence of 22 years, in addition to a 21-year federal sentence for violating Floyd’s civil rights, The Hill reported.
The former police officer’s latest petition seeking to get his conviction overturned was filed with the Minnesota Court of Appeals. That court has denied two previous petitions by Chauvin.
Chauvin’s attorneys argued in their Tuesday filing that Walz’s assignment of the case to Ellison was “illegitimate” and therefore violated their client’s due process rights.
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