Chauvin update
Derek Chauvin – we all know that name. Either the most reviled in America (well, after Trump) or the cop most closely associated with St. Floyd of Fentanyl. Or both, I guess, they aren’t mutually exclusive. He’s back in the news.
U.S. District Judge Paul Magnuson agreed in an order Monday to let the defense examine Floyd’s heart tissue and fluid samples to test a theory that Floyd died of a heart condition aggravated by a rare tumor, not — as prosecutors contend — from asphyxiation caused by the white officer pressing his knee on the Black man’s neck for 9 1/2 minutes despite Floyd’s dying cries of, “I can’t breathe.”
Chauvin was convicted in state court on murder charges in 2021 and pleaded guilty later that year in federal court to violating Floyd’s civil rights. His federal defender for his appeal attempt, Robert Meyers, argued in his request that Chauvin’s original attorney, Eric Nelson, failed to inform his client that an outside pathologist not directly involved in the case, Dr. William Schaetzel, of Topeka, Kansas, had contacted Nelson before Chauvin entered his plea and offered an unsolicited theory that Chauvin did not cause Floyd’s death.
Chauvin says had he known of Nelson’s contact and Schaetzel’s conclusions he would not have pled guilty, and is alleging ineffective counsel.
But federal prosecutors have argued in court filings that Nelson made a reasonable “tactical decision” not to explore an untested opinion “offered by someone holding himself out as an expert.” They pointed out that Nelson consulted with other medical experts in preparation for Chauvin’s cases, including one who testified in state court, but that the jury in that case rejected Chauvin’s medical defense.AP
To me it seems logical that Chauvin would grasp at nearly anything… but the fact that a different jury rejected a claim does not mean a similar claim is unfounded, or doomed. However, ineffective counsel isn’t proven very often, so Chauvin might wind up continuing his 20+ year visit here in Texas.
Totally unrelated:
Think you are having a long frustrating year? Remember the folks who went up in the Boeing space launch who got stuck at the space station, but whose trip home was gonna be on the next available Space-X visit?
Because SpaceX’s next crew rotation mission to the International Space Station will use a new Dragon spacecraft that won’t be ready by a previously planned February launch date, NASA announced Tuesday that it has opted to delay the launch now until no earlier than late March.Orlando Sentinel
June through March…that’s a long time in weightlessness. I suspect they are being given something to do, though…otherwise it sorta sounds like a typical military mission. Hurry up and – well, you know.
Category: Crime
