In a major development in the long-running George Floyd case, attorneys for former Minneapolis police officer Derek Chauvin have filed a petition seeking to throw out his murder conviction, arguing that Minnesota Gov. Tim Walz and Attorney General Keith Ellison violated state law by bypassing a grand jury and improperly handling the prosecution.
The filing, submitted this week, claims Chauvin was denied due process because the charges were never lawfully presented to a grand jury as required under Minnesota statutes. Attorney Greg Joseph contends that Judge Peter Cahill lacked jurisdiction from the start, describing the entire trial as based on “unfounded charges that were never properly before the Court.”
The petition further alleges that Walz’s decision to reassign the case to Ellison was unlawful and that Ellison escalated the charges to second-degree murder under political pressure.
Alpha News reporter Liz Collin interviewed Joseph about the petition in a video that has circulated widely. In the segment, the attorney walks through the legal documents, highlighting language asserting that the conveyance of authority from Walz to Ellison was improper and that the failure to convene a grand jury violated Rule 18.01 and related statutes. Joseph called the alleged procedural failures “shocking” and “inexcusable.”
The legal challenge comes as Tesla CEO and X owner Elon Musk has gone viral for directly calling for Chauvin’s immediate release. On Wednesday, Musk posted: “Derek Chauvin was unjustly convicted of murder, therefore he should be freed. The facts show that he was not the cause of death, nor did he at any time intend for a death to occur. Whatever else he may be, he is not a murderer. That is the truth.”
The post rapidly racked up tens of thousands of likes and thousands of reposts, sparking intense online debate. Musk had also posted simply “Free Chauvin” earlier in the day.
Supporters of the filing and Musk’s comments point to the official autopsy findings, which listed fentanyl and other factors as significant conditions contributing to Floyd’s death, while the manner of death was ruled a homicide due to police restraint. Critics of the original conviction have long argued the medical evidence and surrounding circumstances did not support a murder charge.
Chauvin is currently serving a state sentence for second-degree murder, third-degree murder, and second-degree manslaughter, along with a concurrent federal civil rights sentence of 21 years. Legal observers note that while a presidential pardon could address the federal portion, the state conviction would require action through Minnesota courts or other state-level remedies.
The petition asks the Minnesota Court of Appeals to pause ongoing proceedings so the trial court can consider these new claims of structural error, including the alleged lack of jurisdiction and improper assignment of the prosecution. No ruling has been issued yet.
The case continues to divide the country years after the 2020 events that sparked nationwide unrest. Musk’s high-profile intervention has amplified calls for a full review of the conviction, while defenders of the original verdict maintain the jury’s findings should stand.
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