|
2024-12-20 -War on Police-
|
|
Biden administration blocking re-examination of George Floyd's heart
|
[Daily Mail, where America gets its news] The Department of Justice has requested that a court block an attempt by Derek Chauvin's lawyers to re-examine George Floyd's heart.
Federal prosecutors in Minnesota filed a motion on Tuesday asking a judge to reconsider his decision to allow Chauvin's legal team to look at Floyd's heart tissue and bodily fluids, among other evidence, to prove whether or not he actually died of a heart condition.
The day before, US District Court Judge Paul Magnuson ruled that the former cop's team could examine the deceased man's autopsy report.
Prosecutors from the US District Attorney's Office for the District of Minnesota argued the request stems 'solely from an email [Chauvin] 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.'
The doctor, Kansas forensic pathologist William Schaetzel, contacted Chauvin's team after he entered his plea, proposing that Floyd had not died due to the officer kneeling on his neck for several minutes.
Chauvin's latest bid to have his conviction tossed cites 'ineffective assistance of counsel' from original defense attorney Eric Nelson, whom he says failed to relay to him Schaetzel's theory that Chauvin did not cause Floyd’s death.
Minnesota prosecutors argued that Chauvin's team choosing not to examine Floyd's heart at trial was a 'strategic decision that courts have recognized as "virtually unchallengeable."'
'And even if [the] defendant could establish unreasonable performance, he could not demonstrate prejudice from counsel's decisions,' they wrote.
'It defies belief that, if [the] defendant had been aware of a weaker medical defense theory than the one already rejected by his state jury, he would have chosen trial again, in the face of overwhelming evidence and a Guidelines sentence of life.'
Prosecutors also argued that Dr. Andrew Baker, who performed Floyd's autopsy, testified during the trial that he didn't believe that the man's paraganglioma - a benign tumor found in Floyd's pelvis - had anything to do with his death.
'I did look at it under the microscope,' he testified.
'The most likely diagnosis is a paraganglioma, but I have no reason to believe that had anything to do with Mr. Floyd's death.'
Prosecutors added: 'Discovery on Dr. Schaetzel's opinion would not alter the reasonableness of [Chauvin's] choices.'
On Monday, Judge Magnuson ruled that 'given the significant nature of the criminal case that Mr. Chauvin was convicted of' there was 'good cause to allow Mr. Chauvin to take the discovery that he seeks.'
Legal experts also agree that Chauvin ought to be allowed to view the autopsy.
Former Philadelphia Prosecutor David Gelman told Fox News: 'Chauvin should have every opportunity to exhaust his appeals just like any other defendant. If this was any other case, I bet the Justice Department wouldn't have objected.'
|
Posted by Skidmark 2024-12-20 00:04||
||
Front Page|| [11143 views ]
Top
|
|
Posted by Super Hose 2024-12-20 00:47||
2024-12-20 00:47||
Front Page
Top
|
|
Posted by DarthVader 2024-12-20 09:59||
2024-12-20 09:59||
Front Page
Top
|
|
Posted by Abu Uluque 2024-12-20 12:36||
2024-12-20 12:36||
Front Page
Top
|
|
Posted by Abu Uluque 2024-12-20 12:37||
2024-12-20 12:37||
Front Page
Top
|
|
19:33 Glenmore
19:11 Frank G
18:53 Regular joe
18:35 Regular joe
17:30 trailing wife
16:38 Rambler
15:59 Secret Master
15:42 Super Hose
15:37 Pancho Poodle8452
15:26 Pancho Poodle8452
13:48 NoMoreBS
13:37 NoMoreBS
13:18 Skidmark
13:12 Pancho Poodle8452
13:09 Skidmark
13:09 Clem+Elmish4239
13:08 Clem+Elmish4239
13:06 alanc
12:48 Besoeker
12:48 Besoeker
12:37 Frank G
12:35 SteveS
12:22 Grom the Affective
12:15 Skidmark
|
