Derek Chauvin is DENIED motion for a new trial after his lawyers claimed jury misconduct - just hours before the Minneapolis cop's sentencing for killing George Floyd

Derek Chauvin has been denied his request for a new trial. 

Just hours before the former Minnesota cop is to be sentenced for the killing of George Floyd, Judge Peter Cahill denied the defense's motion and will not hold a hearing into jury misconduct. 

The defense had asked for probation and sought a retrial ahead of an expected appeal. Chauvin's lawyer has argued that he was deprived of a fair trial because of prosecutorial and jury misconduct and errors of law at trial. 

Chauvin's legal team is likely to take their arguments to the Court of Appeals, however the ex cop is still scheduled to be sentenced this afternoon.  

Experts have predicted that Chauvin, 45, could face at least 25 years in jail for murdering Floyd, 46, in May 2020. 

Derek Chauvin will be sentenced today for murdering George Floyd in May 2020 and experts have predicted that Chauvin will face a minimum jail sentence of 25 years. Hours before sentencing, Judge Peter Cahill denied the defense's motion for a new trial

The former Minneapolis policeman, 45, was found guilty by a jury on April 20 of unintentional second-degree murder, third-degree murder and manslaughter after a trial that was widely seen as a watershed moment in the history of US policing.

Legal experts have predicted that Chauvin will face a minimum sentence of 25 years behind bars, after prosecutors asked for double the upper limit in sentencing guidelines for a first-time offender.

Chauvin was captured on video kneeling on the neck of 46-year-old Floyd - suspected of using a counterfeit $20 bill - for more than nine minutes until he passed out and died, while ignoring the victim's pleas for air and help 

The video of Floyd's death on May 25, 2020, sparked huge protests across the United States and around the world against racism and police violence.

'Between the incident, the video, the riots, the trial - this is the pinnacle of it,' Mike Brandt, a local defense attorney who has closely followed Chauvin's case, said. 'The verdict was huge too, but this is where the justice comes down.' 

Defense attorney Joe Tamburino, who is not affiliated with the case, said he expects the judge to hand down a sentence of between 25 and 30 years, according to CBS Minnesota.

'Basically, the issue's going to be how much greater than 150 months will the judge issue the sentence,' he added. 

Prosecutors have asked to sentence Chauvin to 30 years in prison, asking for double the upper limit indicated in sentencing guidelines for a first-time offender. 

Earlier this month, Hennepin County District Judge Peter Cahill ruled that prosecutors have established grounds for giving Chauvin a harsher sentence. 

Chauvin was captured on video kneeling on the neck of George Floyd - suspected of using a counterfeit $20 bill - for more than nine minutes until he passed out and died

Floyd's death on May 25, 2020, sparked huge protests across the United States and around the world against racism and police violence. Pictured: Memorial at the site where Floyd was killed

In a sentencing memorandum, prosecutors from the Minnesota attorney general's office wrote that Chauvin's crime 'shocked the conscience of the Nation'.

In a six-page ruling last month, Cahill found that prosecutors had shown there were four aggravating factors that would allow him to depart from state sentencing guidelines and clearing the path for a tough sentence.

The judge agreed that Chauvin abused his position of trust and authority; that he treated Floyd with particular cruelty; that he committed the crime as part of a group with three other officers; and that he committed the murder in front of children.

The most serious charge that Chauvin was convicted of - second-degree murder - carries a maximum sentence of 40 years in prison.

As a first-time offender, Chauvin had potentially faced 12 and a half years in prison on that count under the guidelines, but the aggravating factors mean Cahill can opt for a longer jail term.

Attorneys for Chauvin countered with a far different request - a sentence of time served and probation, claiming that their client was guilty of 'an error made in good faith'.

Prosecutors are expected to call on Floyd's relatives to talk about the impact of his death during the Friday afternoon hearing in a Minneapolis courtroom. 

Chauvin, who chose not to testify at his trial, has a right to address the judge before he is sentenced.

Experts say it could be tricky for Chauvin to talk without implicating himself in the pending federal case accusing him of violating Floyd's civil rights.

Prosecutors have asked to sentence Chauvin (pictured on April 20) to 30 years in prison, asking for double the upper limit indicated in sentencing guidelines for a first-time offender 

Earlier this month, Hennepin County District Judge Peter Cahill (pictured on April 15) ruled that prosecutors have established grounds for giving Chauvin a harsher sentence 

The only explanation the public has heard from him came from body-camera footage in which he told a bystander at the scene: 'We got to control this guy cause he's a sizeable guy ... and it looks like he's probably on something.'

Several experts said they doubted Chauvin would take the risk and speak, but local defense attorney Mike Brandt, who is not affiliated with the case, thought he would. 

He said Chauvin could say a few words without getting himself into legal trouble.

'I think it's his chance to tell the world, 'I didn't intend to kill him',' Brandt said. 'If I was him, I think I would want to try and let people know that I'm not a monster.' 

But another attorney, Joe Tamburino, said: 'I think the odds are that he will, but it will be very brief.

'He will probably, if he decides to speak, he will say something like he is very sorry and he never meant to kill or harm Mr Floyd.'

Mary Moriarty, Hennepin County's former chief public defender, said the judge may take note that Chauvin did not express remorse in the sentencing memorandum submitted this month by his lawyer.

'I think what Cahill would have been looking for from Chauvin or through his defense counsel is some responsibility for his actions or some empathy for George Floyd,' she said.  

Several people interviewed in Minneapolis in the days before Chauvin's sentencing said they want to see a tough sentence.

Thirty years 'doesn't seem like long enough to me,' said Andrew Harer, a retail worker who is white. 'I would be fine if he was in jail for the rest of his life.'

Several people interviewed in Minneapolis before Chauvin's sentencing said they want a tough sentence. Pictured: People gather to remember Floyd in Minneapolis a year after his death

Prosecutors may call on Floyd's relatives to talk about the impact of his death during the Friday afternoon. Pictured: Firefighters put out a blaze in Minneapolis during global protests

Joseph Allen, 31, who is black, said he thinks Chauvin should receive 'at least' 30 years, and said he'd prefer a life sentence. He cited nearly 20 complaints filed against the now-fired officer during his career.

Allen said he hopes other police officers can learn 'not to do what Derek Chauvin did'.

Nekima Levy Armstrong, a civil rights attorney and activist, called for Chauvin to be sentenced 'to the fullest extent of the law.' 

She called Floyd's death 'a modern day lynching' and predicted community outrage if Chauvin is sentenced lightly.

When asked if she would like to hear Chauvin speak, Levy Armstrong said: 'For me as a Black woman living in this community, there's really nothing that he could say that would alleviate the pain and trauma that he caused ... I think that if he spoke it would be disingenuous and could cause more trauma.'

But the Minnesota Attorney General said he hopes the judge won't go 'light or heavy' because Friday's sentencing isn't about 'revenge'. 

Minnesota AG Keith Ellison told 60 Minutes on Sunday that despite his feelings of 'gratitude' and 'satisfaction' at seeing Chauvin convicted, he also felt sympathy for the cop.

'I spent 16 years as a criminal defense lawyer. So, I will admit, I felt a little bad for the defendant. I think he deserved to be convicted. But he's a human being,' Ellison told Scott Pelley.

'I'm not in any way wavering from my responsibility. But I hope we never forget that people who are defendants in our criminal justice system, that they're human beings. 

He is expected to appeal his sentence after Chauvin's lawyer has argued that he was deprived of a fair trial because of prosecutorial and jury misconduct and errors of law at trial

'They're people. I mean, George Floyd was a human being. And so I'm not going to ever forget that everybody in this process is a person,' the AG added.

Asked whether the judge should give the maximum sentence and send a 'message,' AG Ellison told CBS: 'I think it is important for the Court to not go light or heavy. I don't know if it's right for a judge to send a message through a sentence because the sentence should be tailored to the offense, tailored to the circumstances of the case. 

'Look, the State never wanted revenge against Derek Chauvin. We just wanted accountability.' 

No matter what sentence Chauvin gets, he's likely to serve only about two-thirds behind bars presuming good behavior. The rest would be on supervised release.

Chauvin has been held at the state's maximum security prison in Oak Park Heights since his conviction. It's not clear if Chauvin will remain there. 

State prisons officials said that decision wouldn't be made until after Cahill's formal sentencing order.

The three other police officers involved in Floyd's arrest were, like Chauvin, fired the day after. They are due to face trial next year on charges of aiding and abetting Floyd's murder.