A federal judge has granted permission for Derek Chauvin’s defense team to examine tissue and fluid samples from George Floyd as part of the former Minneapolis police officer’s bid to overturn his conviction on federal civil rights charges tied to Floyd’s death in 2020.
U.S. District Judge Paul Magnuson issued the order on Monday, allowing the defense to test Floyd’s heart tissue and fluid samples, AP reported. Chauvin’s lawyers aim to support a theory that Floyd’s death resulted from a pre-existing heart condition worsened by a rare tumor, rather than asphyxiation caused by Chauvin kneeling on Floyd’s neck for 9 1/2 minutes, despite Floyd’s repeated cries of, “I can’t breathe.” Prosecutors maintain that Floyd died of asphyxiation.
Floyd’s death sparked global protests, some of which turned violent, and ignited a nationwide conversation on police brutality and systemic racism.
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Chauvin was convicted on state murder charges in 2021 and later pleaded guilty in federal court to violating Floyd’s civil rights. His new appeal claims ineffective legal representation. According to defense filings, Chauvin’s former attorney, Eric Nelson, failed to disclose that an outside pathologist, Dr. William Schaetzel of Kansas, had contacted him with an unsolicited theory suggesting Chauvin was not responsible for Floyd’s death. Chauvin argues that this omission influenced his decision to plead guilty.
Federal prosecutors counter that Nelson made a reasonable choice to dismiss Schaetzel’s theory, which they describe as untested. They emphasize that Nelson consulted other medical experts for Chauvin’s cases, including one who testified during his state trial. The jury in that case rejected Chauvin’s medical defense, leading to his conviction. Prosecutors also note the legal standard for proving ineffective counsel is extremely high.
Chauvin is serving concurrent sentences of 22 1/2 years for state murder and 20 years for federal civil rights violations in a Texas federal prison. The U.S. Supreme Court previously declined to hear his appeal of the murder conviction. Nelson declined to comment on the matter Tuesday.
