A federal judge has authorized Derek Chauvin’s defense team to analyze tissue and fluid samples from George Floyd as a crucial step in their efforts to appeal his conviction on federal civil rights charges related to Floyd’s demise in 2020.
U.S. District Judge Paul Magnuson granted the defense’s request on Monday, permitting the examination of Floyd’s heart tissue and fluid samples, according to AP. Chauvin’s legal team intends to bolster their argument that Floyd’s death was a result of a pre-existing heart condition exacerbated by a rare tumor, rather than asphyxiation caused by Chauvin’s 9 1/2 minute-long kneeling on Floyd’s neck, despite Floyd’s repeated pleas of “I can’t breathe.” Prosecutors, on the other hand, maintain that Floyd’s cause of death was asphyxiation.
The death of Floyd sparked protests worldwide, with some demonstrations turning violent. It also triggered a national discourse on police brutality and systemic racism.
Derek Chauvin, who was convicted of state murder charges in 2021 and later pleaded guilty in federal court for violating George Floyd’s civil rights, is now appealing his case on the grounds of ineffective legal representation. In his appeal, Chauvin claims that his former attorney, Eric Nelson, failed to disclose vital information. Specifically, Nelson did not inform Chauvin that an outside pathologist, Dr. William Schaetzel of Kansas, had contacted him with an unsolicited theory suggesting that Chauvin was not responsible for Floyd’s death. Chauvin argues that had he known about this information, it would have influenced his decision to plead guilty.
According to federal prosecutors, Nelson’s decision to dismiss Schaetzel’s theory was reasonable, as they view it as untested. They highlight that Nelson sought advice from other medical experts for Chauvin’s cases, including one who testified during his state trial. It is worth noting that the jury in that trial rejected Chauvin’s medical defense, resulting in his conviction. Prosecutors also point out that the burden of proving ineffective counsel is exceptionally high.
Derek Chauvin is currently serving a total of 22 1/2 years in a Texas federal prison for his state murder conviction and federal civil rights violations. The U.S. Supreme Court has already rejected his appeal regarding the murder conviction. Nelson, Chauvin’s lawyer, chose not to provide any comments on this matter.