Tag: Dr. William Schaetzel

Federal Court Allows Chauvin’s Expert Examination of George Floyd’s Heart Tissue

Derek Chauvin now is in federal prison for joint service of Minnesota state and federal court convictions for the murder of George Floyd. The state court conviction was based on a jury guilty verdict after trial while the federal conviction was based on Chauvin’s guilty plea. For both of those cases, Chauvin’s attorney was Eric Nelson, but Chauvin’s current attempt to invalidate those convictions is based upon the claim by his new lawyer, Robert Meyers, an assistant federal defender.

The last time this blog examined this case,  it discussed (1) the November 13, 2023 Chauvin motion (without legal counsel) to vacate his conviction and sentencing based upon the opinion of a pathologist (Dr. William Schaetzel) who had never examined the Floyd corpse, but believed that Floyd did not die from asphyxia from Chauvin’s actions, but from complications of a rare tumor (paraganglioma) that can cause a fatal surge of adrenaline; (2) the January 12, 2024, federal prosecution’s opposition to that motion: (3) the July 31, 2024, Chauvin Reply Brief (with counsel); and (4) the August 14, 2024, federal Government’s Surreply. Based upon review of these papers, this blog thought the Chauvin motion would be denied.[1]

That denial, however, did not happen, and on December 13, 2024, Chauvin (with counsel) filed a motion for the following discovery:

  • “Any and all hitology slides of Floyd’s heart, tissue samples of Floyd’s heart, tissue blocks containing heart tissue from Floyd, recut sections of all autopsy tissue histology slides relating to Floyd’s heart, related to the criminal case against Derek Chauvin for the death of George Floyd possessed by the Hennepin County Medical Examiner’s Office (HCMEO), and any entity that the HCMEO contracted with that has these materials.”
  • “Photos taken of George Floyd’s heart.”
  • “Any and all vitreous fluid/aqueous humor, postmortem blood antemortem blood, and urine contracted with that has these materials, HHC (autopsy report notes that antemortem blood was taken at HHC), and NMS Labs (NMS Labs conducted the toxicology testing and produced the toxicology report, and thus they may still have samples of the blood and urine that they tested (DE 544-1 at 25-26)). Chauvin requests quantities of these fluids sufficient to test the concentration of fractionated catecholamines and metanephrine levels present.”[2]

Three days later (December 16, 2024), U.S. District Court Judge Magnuson granted this Chauvin motion. That Order stated, “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 to take the discovery he seeks. That court order also provided that Chauvin’s team may take discovery of any histology slides of Floyd’s heart, tissue samples of his heart, tissue blocks containing heart tissue from Floyd and recut sections of all autopsy tissue slides relating to his heart. Chauvin’s lawyers are also allowed to inspect and make copies of any photographs taken of Floyd’s heart and they can take quantities of certain fluids for testing. That court order also provided that Chauvin’s team may take discovery of any histology slides of Floyd’s heart, tissue samples of his heart, tissue blocks containing heart tissue from Floyd and recut sections of all autopsy tissue slides relating to his heart. Chauvin’s lawyers are also allowed to inspect and make copies of any photographs taken of Floyd’s heart and they can take quantities of certain fluids for testing. Accordingly, the court GRANTS Mr. Chauvin’s Motion.”[3]

The very next day (December 17), the Government filed its Motion To Reconsider Defendant’s Motion for Discovery. It asserted that the “claims of ineffective assistance of counsel fail on their merits . . . and that Defendant is not entitled to relief.” Therefore, the Court should reconsider and deny Chauvin’s motion. But if the court denies that Government’s request for reconsideration, the Court should grant reciprocal discovery by the Government.”[4]

Two days later (December 19), the District Court issued another Order, stating that it “is not persuaded by the Government’s arguments . . .and “the Order granting Defendant’s discovery motion will stand.” But the Court also stated that it “expects the parties to cooperate in the discovery process, allowing the Government reasonable access to any lab reports, test results, and expert disclosures.” That court order also provided that Chauvin’s team may take discovery of any histology slides of Floyd’s heart, tissue samples of his heart, tissue blocks containing heart tissue from Floyd and recut sections of all autopsy tissue slides relating to his heart. Chauvin’s lawyers are also allowed to inspect and make copies of any photographs taken of Floyd’s heart and they can take quantities of certain fluids for test. [5]

Reactions

This is a shocking development in this historic police misconduct case in Minneapolis that could obviously affect the other four policemen convicted of aiding and abetting Chauvin in the Floyd case if the tests now ordered establish the theory advanced by Dr. William Schaetzel unless there is law that refuses to excuse policemen for such conduct if the victim has unusual medical conditions.

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[1] Derek Chauvin’s Motions for New Trial for Killing of George Floyd, dwkcommentaries.com (Sept. 6, 2024).

[2] Defendant’s Motion for Discovery, U.S. v. Chauvin, U.S. Dist. Ct., D. Minn. (Dec.13, 2024).

[3] Order, U.S. v. Chauvin U.S. Dist. Ct., D. Minn. (Dec.16, 2024).

[4] Government’s Motion To Reconsider Defendant’s Motion for Discovery, U.S. v. Chauvin, U.S. Dist. Ct.. D. Minn. (Dec. 17, 2024)

[5] Order, U.S. v. Chauvin, U.S. Dist. Ct., D. Minn. (Dec. 17, 2024); Montemayor, Derek Chauvin allowed to examine George Floyd’s heart tissue in challenge to federal conviction, StarTribune (Dec. 16, 2024); Moser, Motion allows George Floyd’s heart tissue to be examined in Derek Chauvin’s latest challenge to federal conviction, CBS News (Dec. 16, 2024): Karnowski, Judge allows testing of tissue from George Floyd as officer convicted of killing him seeks new trial, AP News.com (Dec. 17, 2024).

 

 

 

 

 

 

 

 

Derek Chauvin’s Motions for New Trial for Killing George Floyd

Derek Chauvin was the senior police officer leading three other Minneapolis policemen in the May  2020 killing of George Floyd on a Minneapolis street.

This resulted in criminal cases against Chauvin and the other three policemen in both Minnesota state and federal courts. The state court cases, after trials (and a guilty plea by Thomas Lane), are now completed with convictions of all four policemen and they are now serving their sentences (concurrently) in federal prisons. The same is true for the federal criminal cases against the four policemen [1]

However, the federal criminal case against Derek Chauvin is still being litigated, which is discussed below.

Initial Proceedings in Federal Criminal Case Against Chauvin

On May 7, 2021, the U.S. District Court filed criminal charges against Chauvin and the other three policemen over the killing of George Floyd.

On December 15, 2021, in federal court Chauvin pleaded guilty to two counts of depriving Mr. Floyd of his federally-protected civil rights and ultimately causing his death and to charges for Chauvin’s 2017 misconduct with John Pope (in an unrelated matter) and under a negotiated and detailed Plea Agreement the prosecution and Chauvin agreed that the court could impose imprisonment of 20 to 25 years for these crimes.

On May 4, 2022, U.S. District Court Judge Magnuson approved the guilty plea agreement and said the federal sentence would be in accordance with the plea agreement.

On July 7, 2022, Judge Magnuson sentenced Chauvin to 245 months (20.4 years) in federal prison for (a) his depriving George Floyd of his federal civil rights by pinning his knee against Floyd’s neck and ultimately causing his death; and (b) Chauvin’s holding down with his knee John Pope, then  a 14-year old boy in 2007, and failing to provide medical care to the boy and thereby causing non-fatal injuries.

Chauvin’s Pending Challenge to His  Federal Court Conviction and Sentencing and, Therefore, for a New Trial

On November 13, 2023, Chauvin (without legal counsel) filed a motion in the U.S. District Court for the District of Minnesota to vacate his conviction and sentencing by that court. The asserted basis for this new motion was the opinion of a pathologist, Dr. William Schaetzel, who had never examined the Floyd corpse and never testified in any of the criminal cases, but who said based on review of certain papers that Floyd did not die from asphyxia from Chauvin’s actions, but from complications of a rare tumor called paragangliona that can cause a fatal surge of adrenaline.

On January 12, 2024, the U.S. Attorney’s Office for Minnesota and the U.S. Justice Department’s Civil Rights Division submitted their opposition to this Chauvin motion with the following major points:

  • Chauvin in his guilty plea agreement “waive[d] the right to petition under 28 U.S.C. § 2255 except based upon a claim of ineffective assistance of counsel.”
  • Chauvin “failed to show . . .that counsel’s performance was deficient . . . because ‘counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment’. . .  and [because Chauvin failed to show that] such “acts or omissions . . . [fell] “outside the wide range of professionally competent assistance.”
  • Chauvin also failed to show that “there is a reasonable probability that but for counsel’s error, he would not have pleaded guilty and would have insisted on going to trial” and that the opinion of William Schaetzel “likely would have changed the outcome of the trial.” Thus, Chauvin failed to show that he suffered prejudice.
  • The ”files and records of this case—including the exhibits cited by Defendant in his motion—conclusively show that Defendant is not entitled to relief, and a hearing is not necessary.”

On July 31, 2024, Chauvin, now represented by counsel, filed his Reply Brief in the proceeding on his habeas corpus motion in the U.S. District Court for the District of Minnesota. The asserted basis for this new brief was the alleged ineffective assistance of his trial counsel by failing to advise Chauvin of the previously mentioned opinion of Dr.Schaetzel and counsel’s failure to ask for tests of Mr. Floyd for catecholamines and their metabolites.

On August 14, 2024, the U.S. Attorney for the District of Minnesota and the Assistant U.S. Attorney General filed the Government’s Surreply in Opposition to Defendant’s Motion To Set Aside, or Correct Sentence under 28 U.S.C. sec. 25255.  It asserted the following points:

  • Under his guilty plea of December 15, 2021, Chauvin waived the right to petition under section 25255 except based on a claim of ineffective assistance of counsel.
  • Any convicted person’s claim of ineffective-counsel must establish (1) that his “counsel’s performance was so deficient it actually prejudiced the defense.and “fell below an objective standard of reasonableness” and (2) counsel’s deficient performance actually prejudiced the defendant’s defense.
  • Even if counsel did not inform Chauvin of the opinion of Dr. Schaetzel, it was a tactical decision by his counsel not to explore an untested (and in any event cumulative) opinion by someone who claimed to be an expert. Such a decision is a “paradigmatic example” of an attorney’s strategic choice, which, when made after a reasonable investigation, is “virtually unchallengeable” in effectiveness claims.”
  • Chauvin’s self-serving statement that had he known of the unsolicited medical opinion, he would have exercised his right to trial is an example of “post hoc assertions” that are insufficient to establish the necessary prejudice.
  • Chauvin’s expert witness at trial, who was selected by Chauvin’s attorney, provided testimony that was not meaningfully different, factually or legally, from that of Dr. Schaetzel.

Conclusion

Chauvin’s pending motion appears to be barred by the prosecution’s arguments. The motion also appears to be barred by Chauvin’s guilty plea under oath, where Chauvin admitted in writing that “certain facts were true . . .[and] established his  guilt beyond a reasonable doubt].” The following are some of those Chauvin admissions:

  • Chauvin, ‘while acting under color of law . . . willfully deprived George Floyd of . . . the right to be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a police officer. [Chauvin] . . . held his left knee across Mr. Floyd’s neck, back, and shoulder, and his right knee on Mr. Floyd’s back and arm. As Mr. Floyd lay on the ground, handcuffed and unresisting, [Chauvin] . . . kept his knees on Floyd’s neck and body, even after Mr. Floyd became unresponsive. This offense resulted in bodily injury to, and the death of, George Floyd.”
  • Chauvin “admits that in using this unreasonable and excessive force, he acted willfully and in callous and wanton disregard of the consequences to Mr. Floyd’s life. [Chauvin] . . . knew that what he was doing was wrong, in part, because it was contrary to his training as an MPD officer.. .”
  • Chauvin “also knew there was no legal justification to continue his use of force because he was aware that Mr. Floyd not only stopped resisting, but also stopped talking, stopped moving, stopped breathing, and lost consciousness and a pulse.’ [Chauvin] . . .chose to continue applying force even though he knew Mr. Floyd’s condition progressively worsened. . . . [Chauvin] also heard Mr. Floyd repeatedly explain that he could not breathe, was in pain, and wanted help.”
  • Chauvin “knew that what he was doing was wrong—that continued force was no longer appropriate and that it posed significant risks to Mr. Floyd’s life—based on what he observed and heard about Mr. Floyd.”
  • Chauvin “admits that he failed to render medical aid to Mr. Floyd, as he was capable of doing, and trained and required to do.”

Therefore, Chauvin’s motion should be denied and he needs to remain in prison for the balance of his sentence of 245 months (20.4 years).

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[1]  Since the horrible killing of George Floyd in Minneapolis in May of 2020, this blogger has written many posts about that crime and the subsequent criminal litigation in Minnesota state and federal courts. (See List of Posts to dwkcommentaries: Topical: George Floyd Killing; List of Post–Chronological (2020);  List of Posts–Chronological (2021); List of Posts–Chronological (2022); List of Posts– Chronological (2023); List of Posts–Chronological (2024).

 

Prosecution Opposes Derek Chauvin’s New Attempt To Overturn His Federal Conviction for Killing George Floyd 

In November 2023, Derek Chauvin (without legal counsel) filed a motion in U.S. District Court for the District of Minnesota for dismissal of the federal criminal charges against him for the killing of George Floyd or for a new trial. The asserted basis for this new motion was the opinion of a pathologist, Dr. William Schaetzel, who had never examined the Floyd corpse and never testified in any of the criminal cases, but who said based on review of certain papers that Floyd did not die from asphyxia from Chauvin’s actions, but from complications of a rare tumor called paragangliona that can cause a fatal surge of adrenaline.[1]

U.S. Attorneys’ Response to Chauvin Motion[2]

On January 12, 2024, the U.S. Attorney’s Office for Minnesota and the U.S. Justice Department’s Civil Rights Division submitted their opposition to the Chauvin motion with the following major points:

  • Chauvin in his guilty plea agreement “waive[d] the right to petition under 28 U.S.C. § 2255 except based upon a claim of ineffective assistance of counsel.”
  • Chauvin “failed to show . . .that counsel’s performance was deficient . . . because ‘counsel is strongly presumed to have rendered adequate assistance and made all significant decisions in the exercise of reasonable professional judgment’. . .  and [because Chauvin failed to show that] such “acts or omissions . . . [fell] “outside the wide range of professionally competent assistance.”
  • Chauvin also failed to show that “there is a reasonable probability that but for counsel’s error, he would not have pleaded guilty and would have insisted on going to trial” and that the opinion of William Schaetzel “likely would have changed the outcome of the trial.” Thus, Chauvin failed to show that he suffered prejudice.
  • The ”files and records of this case—including the exhibits cited by Defendant in his motion—conclusively show that Defendant is not entitled to relief, and a hearing is not necessary.”

This Blog’s Preliminary Reasons for Denial of Chauvin’s Motion

Before the filing of the above prosecution brief, this blog argued that various provisions of Chauvin’s guilty plea barred this motion. [3]

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[1] Krauss, Derek Chauvin files motion attempting to overturn federal conviction, StarTribune (Nov. 13, 2023)

[2] Government’s Opposition to Defendant’s Motion To Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. sec. 2255, U.S. v. Chauvin, Crim No. 21-108 (Jan. 12, 2024);Karnowski (AP), Prosecutors urge rejection of Chauvin bid to dismiss civil rights conviction in George Floyd murder, StarTribune (Jan. 12, 2024) This blogger has not been able to obtain a copy of the prosecution’s brief.

[3] Response to Derek Chauvin’s Federal Motion for New Trial for Killing George Floyd, dwkcommentaries.com (Nov. 26, 2023).

 

 

U.S. Supreme Court Denies Derek Chauvin’s Petition to Review His State Court Conviction for Murder and Manslaughter of George Floyd

On November 20, 2023, the U.S. Supreme Court without opinion denied Derek Chauvin’s petition for review of  his state court conviction for the murder and manslaughter of George Floyd in May 2020.[1] It thus appeared that this state court criminal case was over as was Chauvin’s federal guilty plea, criminal conviction and sentencing for the killing of George Floyd. However, as discussed below, a recent development in the federal case raises the question of whether one or both of those cases could be reopened.

Prior State Court Proceedings[2]

Chauvin’s state court conviction resulted from an April 2021 Hennepin County jury verdict that he was guilty of second-degree unintentional murder, third-degree murder and second-degree manslaughter. The following June Hennepin County District Judge Peter Cahill sentenced him to 22 ½ years in prison for those crimes.

Chauvin’s appeal of that conviction was rejected by the Minnesota Court of Appeals in April 2023 with a 50-page opinion and the Minnesota Supreme Court in July 2023 denied his appeal from same without opinion.

That Minnesota Supreme Court decision was then challenged by Chauvin’s petition to the U.S. Supreme Court,  which just denied that petition.

Derek Chauvin’s Federal Court Proceedings[3]

In  May 2021, the U.S. District Court for the District of Minnesota filed a criminal complaint against Chauvin and the other three Minneapolis ex-policeman over the killing of George Floyd.

Without a trial Chauvin pled guilty in December 2021 to these charges.  In that guilty pleaChauvin admitted in writing that certain facts were true . . .[and] established his  guilt beyond a reasonable doubt].” [3] Those admissions included the following:

  • Chauvin, ‘while acting under color of law . . . willfully deprived George Floyd of . . . the right to be free from an unreasonable seizure, which includes the right to be free from the use of unreasonable force by a police officer. [Chauvin] . . . held his left knee across Mr. Floyd’s neck, back, and shoulder, and his right knee on Mr. Floyd’s back and arm. As Mr. Floyd lay on the ground, handcuffed and unresisting, [Chauvin] . . . kept his knees on Floyd’s neck and body, even after Mr. Floyd became unresponsive. This offense resulted in bodily injury to, and the death of, George Floyd.”
  • Chauvin “admits that in using this unreasonable and excessive force, he acted willfully and in callous and wanton disregard of the consequences to Mr. Floyd’s life. [Chauvin] . . . knew that what he was doing was wrong, in part, because it was contrary to his training as an MPD officer.. .”
  • Chauvin “also knew there was no legal justification to continue his use of force because he was aware that Mr. Floyd not only stopped resisting, but also stopped talking, stopped moving, stopped breathing, and lost consciousness and a pulse.’ [Chauvin] . . .chose to continue applying force even though he knew Mr. Floyd’s condition progressively worsened. . . . [Chauvin] also heard Mr. Floyd repeatedly explain that he could not breathe, was in pain, and wanted help.”

Chauvin “knew that what he was doing was wrong—that continued force was no longer appropriate and that it posed significant risks to Mr. Floyd’s life—based on what he observed and heard about Mr. Floyd.”

  • Chauvin “admits that he failed to render medical aid to Mr. Floyd, as he was capable of doing, and trained and required to do.”

In July  2022 U.S. District Judge Magnuson sentenced Chauvin to 245 Months for Depriving George Floyd and John Pope [a teenager in a different case] of Their Federal Civil Rights.

It thus appeared that this federal case was over while Chauvin concurrently served his federal and state sentences in a federal prison in Colorado.

Recent Chauvin Challenge to Federal Conviction and Sentencing[4]

However, on November 13, 2023, Derek Chauvin (without legal counsel) filed a motion in the U.S. District Court for the District of Minnesota to vacate his conviction and sentencing by that court, based on his guilty plea, for the murder and manslaughter of George Floyd in Minneapolis in May 2020.

The asserted basis for this motion was the opinion of a pathologist, Dr. William Schaetzel, who had never examined the Floyd corpse and never testified in any of the criminal cases, but said based on review of certain papers that Floyd did not die from asphyxia from Chauvin’s actions, but from complications of a rare tumor called paragangliona that can cause a fatal surge of adrenaline.

This development will be explored in a subsequent post.

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[1] Hyatt, U.S. Supreme Court rejects review of Derek Chauvin’s latest appeal attempt, Star Tribune Nov. 20, 2023) Supreme Court rejects appeal of former Minneapolis police officer convicted of killing George Floyd, APNews (Nov. 20, 2023)

[2] Derek Chauvin Trial: Week Seven {Conviction), dwkcommentaries.com (April 21, 2021);Derek Chauvin Trial: Chauvin Sentenced to 22.5 Years Imprisonment, dwkcommentaries.com (June 28, 2021);Derek Chauvin’s Appeal of State Conviction and Sentencing for Killing George Floyd, dwkcommentaries.com (Jan. 23, 2023); Minnesota Court of Appeals Affirms State Court Conviction of Derek Chauvin for Killing George Floyd, dwkcommentaries.com (April 19, 2023); Derek Chauvin Asks Minnesota Supreme Court To Review His Conviction for Killing of George Floyd, dwkcommentaries.com (May 18, 2023); Derek Chauvin Will Ask U.S. Supreme Court To Review His State Court Conviction for Murder and Manslaughter of George Floyd , dwkcommentaries.com(July 21, 2023); Derek Chauvin Files Petition for U.S. Supreme Court Review of His State Court Conviction for Murder and Manslaughter of George Floyd, dwkcommentaries.com (Oct. 25, 2023).

[3] Federal Criminal Charges Against Ex-Policemen Over George Floyd’s Killing, dwkcommentaries,com (May 7, 2021); Derek Chauvin Pleads Guilty to Federal Charges Over George Floyd Killing and Excess Force Against Teenager ,dwkcommentaries.com (December 16, 2021);  Federal Court Sentences Derek Chauvin to 245 months (20.4 Years) for Depriving George Floyd and John Pope of  Their Federal Civil Rights, dwkcommentaries.com (July 8, 2022); Comment: Federal Court’s Criminal Judgment for Derek Chauvin, dwkcommentaries.com (July 9, 2022).

[4] Karnowski (AP), Ex-officer Derek Chauvin makes another bid to overturn federal conviction in murder of George Floyd, StarTribune. com (Nov. 14, 2023) Krauss, Derek Chauvin files motion attempting to overturn federal conviction, StarTribune (Nov. 15, 2023) Price, Derek Chauvin claims new evidence shows he didn’t cause George Floyd’s death, attempts to overthrow conviction, Fox News (Nov. 15, 2023) Naham, Convicted murderer Derek Chauvin’s prison emails revealed as he cites pathologist’s alternate theory George Floyd ‘literally scared’ to death, Law & Crime (Nov. 15, 2023) Motion To Vacate Conviction and Sentence under 28 U.S.C. SECTION 2255, U.S. v. Chauvin, Case No. 21-CR-108-PAM, U.S. Dist. Ct. MN (Nov. 13, 2023).