Judge in the Derek Chauvin Trial says Rep. Maxine Waters may be grounds for appeal

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“I will tell you that on appeal, Congressman Waters may have given you something that could result in this entire trial being quashed,” Judge Peter Cahill told attorney Eric Nelson Monday.

Waters had urged protesters to “stay on the streets” and “become more confrontational” on Saturday night when Chauvin is acquitted of Floyd’s murder, remarks immediately seized by Republicans claiming Waters incites violence. The California Democrat said she was in Brooklyn Center, Minnesota, to show her support for protesters amid ongoing protests over Daunte Wright’s murder by police and to support his family as well.

“We have to stay on the street and demand justice,” Waters told reporters, according to video on social media.

“We are looking for a guilty verdict and we want to see if all the conversations that have taken place and have taken place after they saw what happened to George Floyd. If nothing happens, we know that we are not to stay alone on the street, but we must also fight for justice, ”she added.

The defense had moved to a null and void trial on Monday due to recent publicity in the case, including TV shows and comments from Waters. Nelson noted that the trial had not only been in the news, but had recently been featured on two fictional TV shows and what he described as “threats” against the sanctity of the jury trial by Waters over the weekend.

Cahill said he was aware of Waters’ comments about “the unacceptability of anything less than a murder conviction and talking about being confrontational.”

“I wish elected officials would stop talking about this matter, especially in a way that is disrespectful to the rule of law and to the judiciary and our office,” Cahill later added. “I think if they want to express their views, they should do so in a respectful manner and in a way that is consistent with their oath to the constitution, in order to respect an equal branch of government.”

“That they don’t is disgusting to me, but I don’t think it biased us with additional material that would hurt this jury,” he said, adding that “a congressman’s opinion really doesn’t matter.”

Waters did not respond to CNN’s requests for comment.

After a day of closing arguments, jury deliberations in the trial began late Monday afternoon. In the state’s closing argument, prosecutors said that Chauvin knelt on Floyd’s neck and back for nine minutes and 29 seconds because of his pride and ego in the face of concerned bystanders. In response, the defense said Chauvin was acting as a “reasonable officer” in that situation and said there was no evidence that he used intentional or deliberate force that was illegal.
The outcome of the trial could spark protests in light of national unrest over the recent deaths of black Americans at the hands of the police. According to a US defense official, the military is preparing to approve a request to deploy DC National Guard forces as soon as there is unrest Monday night in the wake of the verdict.

CNN’s Chandelis Duster, Eric Levenson and Aaron Cooper contributed to this report.

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