
News Link • Justice and Judges
Judge Rejects Federal Government Request, Allows Derek Chauvin To Examine George Floyd's Heart
• https://www.zerohedge.com, by Zachary Stieber"The Court is not persuaded by the Government's arguments, which provide no compelling reason that the Court should change its previous determination," U.S. District Judge Paul A. Magnuson said in a two-page order filed on Dec. 19.
The order granting Chauvin's motion to examine Floyd's heart tissue will stand, he said.
Magnuson on Dec. 16 ruled that Chauvin can test substances preserved from Floyd's autopsy, including his blood and heart tissue. Chauvin is attempting to prove the theory that Floyd's death was not related to the restraint that Chauvin applied to Floyd in Minnesota in May 2020.
Chauvin, a police officer in Minneapolis at the time, was later charged and convicted of murdering Floyd.
The present development involves Chauvin's argument that his former attorney did not adequately represent him.
An expert named Dr. William Schaetzel had contacted the attorney and offered his opinion that Floyd's death stemmed from factors other than the restraint, but the attorney did not pass along the opinion, according to Chauvin.
Schaetzel said the death was caused by a heart attack. Chauvin said the testing could support the opinion.
"Given the significant nature of the criminal case that Mr. Chauvin was convicted of, and given that the discovery that Mr. Chauvin seeks could support Dr. Schaetzel's opinion of how Mr. Floyd died, the Court finds that there is good cause to allow Mr. Chauvin to take the discovery that he seeks," Magnuson said in his Dec. 16 order.
The U.S. Department of Justice then filed a motion asking the judge to reconsider. Government lawyers said that Chauvin could not show ineffective counsel, in part because another expert had already offered a similar opinion during Chauvin's trial.