A federal judge has allowed Derek Chauvin’s attorney to test tissue samples taken from George Floyd’s heart as part of a challenge to the former Minneapolis police officer’s conviction.
U.S. District Judge Paul Magnuson on Monday approved a motion to allow Chauvin’s defense team to analyze heart tissue and body fluid samples taken during Floyd’s autopsy. According to To the Minnesota Star Tribune. Lawyers for the former police officer hope to prove that a heart attack, not Chauvin’s knee, caused Floyd’s death in May 2020.
“Given the serious nature of the criminal case in which Mr. Chauvin was convicted, and given that the findings sought by Mr. Chauvin may support Dr. Schetzel’s opinion regarding the circumstances of Mr. Floyd’s death, the court has determined that there is probable cause to grant this.” Mr. Chauvin requests that he receive the discovery he seeks,” Mr. Magnuson wrote in his order.
JUST IN: New court ruling will allow Derek Chauvin to examine George Floyd’s heart tissue. pic.twitter.com/51Kzl1qoIP
— Liz Collin (@lizcollin) December 16, 2024
According to the newspaper, Chauvin is seeking to have his federal civil rights conviction overturned due to “ineffective assistance of counsel.” Original defense attorney Eric Nelson claims he withheld information from a forensic pathologist in Topeka, Kansas, who allegedly did not believe Chauvin’s actions killed Floyd.
The appeal focuses on testimony from Dr. William Shetzel, who suggested Floyd may have suffered from Takotsubo cardiomyopathy, a stress-induced heart disease, the newspaper said. (Related: Derek Chauvin speaks for the first time after being found guilty of killing George Floyd)
The newspaper said Magnuson gave Chauvin’s defense team extensive access to medical evidence related to Floyd’s heart, including histology slides, tissue samples and tissue blocks. They are also authorized to recut sections of autopsy tissue slides specifically related to Floyd’s heart.
Chauvin’s lawyers will also be allowed to examine and copy photographs of Floyd’s heart and test certain body fluid samples, the newspaper reported.
Nelson is no longer Chauvin’s legal representative. He is currently represented by Assistant U.S. Guard Robert Myers in Minneapolis.
Chauvin pleaded guilty to federal civil rights charges in July 2022 and is currently serving concurrent state and federal prison terms.