Earlier this week, President Joe Biden’s Department of Justice (DOJ) tried and failed to stop former police officer Derek Chauvin from appealing his conviction in the death of career criminal George Floyd.
On Monday, U.S. District Court Judge Paul Magnuson approved the appeal to examine George Floyd’s heart tissue and bodily fluids, which will allow authorities to determine whether Chauvin kneeling on Floyd’s neck was the actual cause of death or whether the drugs he took had actually killed him. Chauvin was found guilty in causing Floyd’s death in an insanely unfair trial, where the jury was facing death threats from the Black Lives Matter (BLM) mob and numerous officials admitted that the police officer had no chance of a fair trial.
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BREAKING: A federal judge has ruled for Derek Chauvin and ordered that George Floyd's heart tumor must be tested to determine if it played a role in his death
The information about the heart tumor was not presented to Chauvin in the trialpic.twitter.com/FeHBuyRgqw
— Jack Poso 🇺🇸 (@JackPosobiec) December 17, 2024
Floyd suffered from heart disease and hypertension, and at the time of his death was found to have fentanyl and methamphetamine in his system. He did not die at the scene, and was declared dead at a nearby hospital.
Court documents reveal that George Floyd was ALIVE when he arrived at the hospital to get his antemortem blood samples collected.
Derek Chauvin has now spent over two years in prison for a crime he didn’t commit.
How did a DA and a Judge allow this to proceed?? pic.twitter.com/lwpWzzz7UV
— Isabella Maria DeLuca (@IsabellaMDeLuca) December 17, 2024
DOJ prosecutors from the U.S. Attorney’s Office for the District of Minnesota are desperately trying to reverse Magnuson’s ruling. The prosecutors are attempting to argue that Chauvin has “no legal basis for [his] discovery requests, all of which stem solely from an email he received from an unvetted doctor offering a weaker version of the medical defense than the version that the jury had previously rejected at his state trial.”
In his motion, Chauvin’s new defense attorney Robert Meyers asked the judge to explore samples taken during the autopsy of Floyd, arguing that the police officer was given “ineffective assistance of counsel” from his last attorney, Eric Nelson.
Meyers highlighted the fact that Kansas-based forensic pathologist Dr. William Schaetzel had informed Nelson prior to Chauvin’s conviction that he believed Floyd had actually died due to heart failure from an excessive release of catecholamines, not from Chauvin kneeling on his neck — but Nelson never discussed this news with Chauvin.
The judge agreed with this argument, noting in his ruling that “Nelson provided ineffective assistance of counsel to Mr. Chauvin by failing to consult with him on this issue.”
Chauvin has been desperately trying to appeal his conviction, especially after being stabbed in prison.
The U.S. Supreme Court refused to even listen to Chauvin’s appeal in 2023, where attorney William Mohrman argued that Chauvin had been denied.
“Under the Sixth Amendment of the U. S. Constitution, every criminal defendant is guaranteed a right to a fair trial,” Mohrman told The Daily Wire at the time. “And part of that fair trial right is not to be tried in a location where the jurors have either been exposed to extensive pre-trial publicity, or there has been such community outrage and the like that the jurors, before they even were impaneled before the trial, would have concluded the defendant’s guilty, or would have been pressured into rendering a guilty verdict.”
