Derek  Chauvin and Tou Thau Object to Gag Order 

On July 13, that attorney for Derek Chauvin, one of four defendants in the criminal cases over the death of George Floyd, filed an objection to Judge Peter Cahill’s gag order. in addition, the attorney for another defendant, Tou Thau, filed a motion to vacate the gag order.[1]

That order, it is argued, violates Chauvin’s federal and state constitutional rights to free speech and a fair trial. The attorney asserted, “For more than a month, the press, popular figures, high ranking politicians, and the attorney leading this prosecution [Ellison] — as well as his councilman son — have all rendered their verdicts in this case and on the most public stages possible. And they have all deemed the Defendant guilty.” By issuing that order before Chauvin or his attorney had made any public statement, the court effectively has allowed “the repeated and unmitigated condemnation of a criminal defendant by non-party public officials and celebrities.” As a result, the jury pool already allegedly has been tainted.

Chauvin’s attorney also argued that “the judge inappropriately issued the order without citing legal authority or convening a hearing on the matter, depriving Chauvin of his constitutional right to due process.”

Therefore, that attorney requested the court to vacate the order.

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[1] Xiong, Attorney for Derek Chauvin objects to judge’s gag order in George Floyd death, StarTribune (July 13, 2020); Chauvin’s attorney objects to gag order in George Floyd case, MINNPOST (July 13, 2020), That gag order was issued on July 9. (Gag Order in George Floyd Murder Cases, dwkcommentaries.com (July 9, 2020).)

 

 

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dwkcommentaries

As a retired lawyer and adjunct law professor, Duane W. Krohnke has developed strong interests in U.S. and international law, politics and history. He also is a Christian and an active member of Minneapolis’ Westminster Presbyterian Church. His blog draws from these and other interests. He delights in the writing freedom of blogging that does not follow a preordained logical structure. The ex post facto logical organization of the posts and comments is set forth in the continually being revised “List of Posts and Comments–Topical” in the Pages section on the right side of the blog.

One thought on “Derek  Chauvin and Tou Thau Object to Gag Order ”

  1. Comment: Defendants Thomas Lane and J. Alexander Kueng Also Object to Gag Order

    The above post reports that defendants Derek Chauvin and Tou Thao had filed objections to the gag order in the George Floyd murder cases and had requested its rescission.

    The other two defendants in these cases—Thomas Lane and J. Alexander Kueng—did the same on July 13.

    Xiong, Attorneys for ex-Minneapolis officers object to judge’s gag order in George Floyd death, StarTribune (July 13, 2020), https://www.startribune.com/attorneys-for-ex-minneapolis-officers-object-to-judge-s-gag-order-in-george-floyd-death/571743272/

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