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Key Ruling Boosts Derek Chauvin’s Defense in George Floyd Case Appeal

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A U.S. District Judge has granted Derek Chauvin’s legal team permission to examine heart tissue and fluid samples taken from George Floyd’s body, marking the latest development in the former Minneapolis police officer’s ongoing efforts to appeal his federal conviction.

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On Monday, U.S. District Judge Paul Magnuson approved the motion, which centers on a forensic theory that Floyd’s death may have been caused by a heart condition rather than Chauvin’s actions during the May 2020 encounter.

Chauvin’s attorneys argue that his original defense team failed to pursue this theory during the trial.

“Given the significant nature of the criminal case that [Chauvin] was convicted of, and given that the discovery that [he] seeks could support [the pathologist’s] opinion of how Mr. Floyd died, the Court finds that there is good cause to allow [Chauvin] to take the discovery,” Magnuson wrote in his ruling.

The decision allows Chauvin’s team to analyze histology slides, heart tissue samples, and any photographs taken during the initial autopsy.

The request stems from Topeka-based pathologist Dr. William Schaetzel, who believes the samples could reveal signs of takotsubo cardiomyopathy.

This condition, often referred to as “broken heart syndrome,” can temporarily weaken the heart’s muscles following intense physical or emotional stress, potentially leading to cardiac arrest.

Chauvin, 46, was convicted in April 2021 of second- and third-degree murder, as well as second-degree manslaughter, for kneeling on Floyd’s neck and back for 9 minutes and 29 seconds.

The incident was captured on video and sparked worldwide protests. Floyd, who repeatedly stated, “I can’t breathe,” died during the restraint, which officials determined to be homicide.

The official cause of death listed in the initial autopsy was cardiopulmonary arrest caused by law enforcement subdual, restraint, and neck compression.

A second autopsy commissioned by Floyd’s family came to a similar conclusion, citing asphyxia as the cause of death and ruling out underlying medical issues.

Chauvin is currently serving concurrent state and federal sentences totaling over 21 years at a federal prison in Arizona.

His latest appeal argues that his previous attorney, Eric Nelson, failed to explore Schaetzel’s claims during the trial.

Chauvin now seeks either a new trial or an evidentiary hearing based on the findings from this newly approved examination of Floyd’s heart tissue.

In addition to Chauvin, three other former Minneapolis officers — Tou Thao, J. Alexander Kueng, and Thomas Lane — were convicted for their roles in Floyd’s death.

Thao, who held back bystanders, was sentenced to four years and nine months in state prison for aiding and abetting second-degree manslaughter, to be served alongside a concurrent three-and-a-half-year federal sentence.

Kueng, who restrained Floyd’s back, received a similar concurrent sentence of three-and-a-half years after pleading guilty to state charges in 2022.

Lane, who held Floyd’s legs, received a three-year state sentence and a two-and-a-half-year federal sentence.

He is expected to be released in September.

Chauvin, who received the harshest penalty, recently survived a stabbing attack at the Federal Correctional Institution in Tucson, where another inmate assaulted him with an improvised knife 22 times.

Despite suffering serious injuries, Chauvin has since recovered.

His latest legal motion comes after a previous appeal was rejected in January 2023.

That appeal argued that pretrial publicity and civil unrest surrounding Floyd’s death had prevented Chauvin from receiving a fair trial.

The pathologist supporting Chauvin’s current appeal, Dr. Schaetzel, has not examined Floyd’s body or the original autopsy reports.

Schaetzel, who began communicating with Chauvin last year, has stated his motivation is to reveal what he believes to be the truth. “I can’t go to my grave with what I know. I just want the truth,” Schaetzel told the Associated Press in February 2023.

Chauvin’s legal team will now proceed with the discovery process as they continue their effort to challenge the federal conviction. The outcome of this latest appeal could lead to new proceedings depending on what the examination reveals.


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