A U.S. federal judge has granted Derek Chauvin’s legal team permission to test tissue and fluid samples from George Floyd in a bid to overturn the former Minneapolis police officer’s conviction on federal civil rights charges.
U.S. District Judge Paul Magnuson issued the ruling on Monday, allowing the defense to examine Floyd’s heart tissue and fluid samples. Chauvin’s lawyers aim to bolster a theory that Floyd’s death was caused by a pre-existing heart condition and a rare tumor, rather than asphyxiation from Chauvin kneeling on Floyd’s neck for over nine minutes.
Despite Floyd’s repeated pleas of “I can’t breathe,” prosecutors maintain that his death was due to asphyxiation, a conclusion supported during Chauvin’s 2021 state murder trial.
Chauvin, who is serving concurrent sentences of 22 1/2 years for state murder and 20 years for federal civil rights violations, claims ineffective legal representation during his earlier trials.
In his appeal, Chauvin argues that his former attorney, Eric Nelson, failed to disclose a theory presented by Dr. William Schaetzel, a pathologist from Kansas.
According to court filings, Schaetzel contacted Nelson with an unsolicited theory suggesting Floyd’s death was unrelated to Chauvin’s actions. Chauvin now asserts that this information, which was not shared with him, could have influenced his decision to plead guilty to federal civil rights charges.
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Prosecutors, however, have dismissed Schaetzel’s claims as untested and speculative. They argue that Nelson acted reasonably by consulting other medical experts, including one who testified during Chauvin’s state trial. That jury ultimately rejected Chauvin’s medical defense, leading to his conviction on state murder charges.
Federal prosecutors have emphasized that the bar for proving ineffective counsel is extraordinarily high. They argue that Nelson’s decisions were within the bounds of competent legal strategy and point out that the U.S. Supreme Court previously declined to hear Chauvin’s appeal of his state murder conviction. Nelson has declined to comment on the latest developments.
George Floyd’s death in May 2020 sparked global protests against police brutality and systemic racism, leading to widespread calls for justice and accountability in law enforcement. Chauvin’s actions, captured on video, became a defining moment in the movement for racial equality in the United States and beyond.
As the legal battle continues, the testing of Floyd’s tissue and the introduction of new theories are likely to reignite debates over the causes of his death and the accountability of law enforcement officers. Whether these efforts will result in a new trial for Chauvin remains uncertain, but the case continues to underscore the deep divisions and ongoing conversations around race, justice, and policing in America.
