The question posed then, at the height of the frenzy over the slaying, was: Can Derek Chauvin get a fair trial? The issue now pending before the appellate jurists is: Did he?

The answer may well be no, based upon reasonably compelling arguments made by Chauvin’s skillful appellate counsel. If so, a new trial could be mandated and, if that occurs, it might be conducted elsewhere in the state. …

The trial judge, Peter Cahill, did an admirable and a tireless job of handling the case, including guiding the lawyers through the jury selection process, known as voir dire, to ferret out biased jurors. But the surrounding circumstances were at the crux of the argument presented by Chauvin’s lawyer.

Mohrman pointed to the stark, fortress-type defenses that surrounded the courthouse in downtown Minneapolis, where the trial took place, including concrete barriers, barbed wire and well-armed National Guard troops. That “physical presence” and the atmosphere it produced, he argued, was a daily reminder to the jury of the potential for renewed civil unrest, like the destructive disturbances that had immediately following the incident.

Those circumstances, he asserted, unduly influenced the jury to the detriment of Chauvin, instilling fear in jurors, whom he characterized as “having a stake in the outcome” as they could be caught up in any ensuing unrest resulting from an acquittal. They “lived here,” he emphasized, suggesting the same intimidating features would not exist for a jury empaneled somewhere else in the state.

[Via Power Line’s Scott W. Johnson, who not only has written extensively about this issue but also helped find an attorney to represent Chauvin in his appeal. Be sure to read Scott’s commentary about Tanick’s interesting column. — Ed]