Conservatives do not doubt that Derek Chauvin was railroaded, a sacrifice at the BLM altar. However, his martyrdom—which almost ended with his death in prison—may finally end. Chauvin has appealed the judgment against him, and, in an excellent turn of events, he’s just been granted an order by Federal Judge Magnuson to be given blood for testing and heart tissue for examination from George Floyd’s autopsy. The blood tests and tissue examinations may help establish Floyd’s actual cause of death. But of course, the appeal is about much more than a single piece of evidence.
As a reminder of the events surrounding George Floyd’s death and the abuse prosecution that followed, Alpha News, a conservative internet news agency in deep blue Minneapolis, created two excellent films to show the basis for their condemnation, The Fall of Minneapolis and Minnesota v We the People.
I’ve written frequently about the fact that both the medical examiner and the prosecutor were wrong in their contentions about George Floyd’s cause of death. (See, e.g., here and here.) I have even done a video demonstration to show that there is no way that Chauvin’s way of restraining Floyd could have killed him and gone on the record stating that Chauvin is innocent of wrongdoing.
Based on my medical experience, the available autopsy information, and an experiment replicating the last minutes of Floyd’s life, I’ve asserted since the beginning that the reasonable cause of Floyd’s death was sudden death from cardiac arrest brought on by excitement, agitation, exertion, and severe heart disease, all of which were aggravated by intoxication with fentanyl and methamphetamine.
YouTube screen grab.
More than once, I’ve discussed the politicization of the medical profession that has poisoned these “officer versus black perpetrator resistance to arrest” scenarios that end with the perpetrator dying from cardiac arrest. In all these cases, the medical examiners repeatedly choose to go with the racialist position that it’s always a “murder by cop” rather than death from exertion in a resisting, juiced-up perp.
My opinions, however, did not prevent Judge Peter Cahill from enabling the Chauvin prosecutors and ignoring that the medical examiner had been professionally coerced into changing an initial, honest assessment of Floyd’s cause of death. Thanks to that weakness and/or bias, Derek Chauvin is now in his third prison after being knifed 22 times and almost killed last year while in the fed’s medium-security Tucson prison. John Turscak, the former FBI informant who almost killed Chauvin, is not in the custody of the Federal Bureau of Prisons.
Chauvin’s current “home” is a contract company minimum security contract prison in a rundown retired Air Force base at Big Spring, Texas. He lives in a third-story dorm with more than two dozen inmates—and this despite his being severely disabled from that savage knife attack, including nerve injuries that impair his ability to walk. I do not doubt that the DOJ and racialist Minnesota AG Keith Ellison approve of the move even though Chauvin’s life is at risk in a dorm situation, as compared to a two-man cell.
Thankfully, Chauvin’s new attorney, Gregory Joseph, a man of integrity and fortitude, is acting aggressively on Chauvin’s behalf. He filed a petition for post-conviction relief in which he contends that there is evidence that Chauvin is innocent but had ineffective assistance of counsel, that the prosecution committed discovery violations, and that Chauvin was denied due process and a fair trial. The mere fact that this will apparently be the first time Chauvin has access to tissue from Floyd’s heart speaks to how unfair the process was.
The specifics of Joseph’s charges are truly shocking:
- Chauvin only received the autopsy and toxicology reports two years after the verdict.
- Floyd had a tumor that Andrew Baker, the medical examiner, did not test to see if it was cancerous and active, something that can cause “sudden cardiac death.”
- The tumor is not available for any future examination.
- A forensic pathologist who understood the risks of paraganglioma tumors—which may be what Floyd had—contacted Chauvin’s attorney, the judge, and a member of the prosecution team with an offer to testify about the tumor, but no one informed Chauvin about this offer.
- The medical examiner changed his initial report to add “neck compressions” and “homicide” only after being contacted by Roger Mitchell, M.D., a prosecution-friendly physician who had not witnessed the autopsy.
What’s heartbreaking to learn is what happened to Chauvin’s laborious efforts while in prison to prepare a petition:
Almost precisely one year ago on Friday, November 24, 2023, Petitioner was stabbed 22 times in the Federal Correctional Institution in Tucson. This horrific attack took place in the law library just four days after the U.S. Supreme Court denied a writ of certiorari in his case, and three days before this denial was filed with the Minnesota Appellate Courts. Because of his nearly nonexistent access to a computer, Petitioner had assembled numerous paper documents during calendar year 2023 to aid in his defense in post conviction matters. These documents included potential physician witnesses and extensive information about the paraganglioma condition.
Most of these documents were destroyed due to contamination with Mr. Chauvin’s blood during the attack. Those which were not destroyed were confiscated and held as evidence in the prosecution of his attacker, and have not been seen since.
[snip]
Altogether, in combination with a period in August–September of this year when he was transferred to the FCI–Big Spring facility and subsequently deprived of computer access and phone calls altogether, Mr. Chauvin has had no ability to aid in his own defense for more than seven months since November, 2023, it says.
What’s fortunate for Chauvin is that Judge Cahill, who ran the kangaroo court that convicted Chauvin (allowing the subornation of perjury, denying the admission into evidence of the police policy manual showing that prisoners should be denied as Floyd was, making inappropriate rulings on venue and jury management, etc.) retired before his term as judge was completed.
The judge currently reviewing Chauvin’s state case is Judge Paul Scoggin, a long-time judge in the fourth judicial district of Minnesota and previously a 30-year veteran prosecutor in the County Attorney’s office. He was first appointed by Democrat Governor Dayton and then elected as a non-partisan candidate to serve until 2029. Scoggin is clearly a company man, affiliated with the hard-left Minnesota Farm Labor (Democrat) party. We shall see how he deals with the issues raised on appeal in the Chauvin matter, but I am not optimistic.
There is a GiveSendGo fund has been set up to help Chauvin pay for his legal fees. Chauvin’s mother manages the fund, and GiveSendGo takes only a 1% handling fee. Please help out, for we all know that legal fees are a heavy burden for a defendant and often result in inadequate challenges to the conviction, even if the legal issues are good for an effective appeal.
The recent publicity about the Daniel Penny trial and his inappropriate prosecution by the racialist cabal at the NYC Manhattan DA office have ended with Penny’s acquittal. Public concerns about the Floyd matter have resulted in continued contributions to Derek Chauvin’s legal defense fund. Incidentally, if Chauvin is cleared, that’s good news for the three other officers convicted and sentenced in connection with Floyd’s death because their convictions were clearly linked to the Chauvin murder conviction.
John Dale Dunn is an emergency physician and attorney in Brownwood, Texas.
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