I previously wrote that the key to conviction in the Derek Chauvin trial (and avoiding a cascading failure in all four cases) is the autopsy findings and the role of drugs (including fentanyl) in the body of George Floyd. Prosecutors are now asking the jury to effectively dismiss the findings of the only official autopsy in the case and insist, contrary to those findings, that Floyd died from asphyxia, or, lack of oxygen. Some new disclosures may make that claim more difficult for the prosecution.
Last week, special prosecutor Jerry Blackwell admitted to jurors that Hennepin County Chief Medical Examiner Dr. Andrew Baker pointed to cardiac arrest as Floyd’s cause of death. However, he insisted that the state would prove that “was … not a fatal heart event,” but asphyxiation.
It is a bold move since it could invite reasonable doubt on the cause of death. The question is whether a case of manslaughter could have been advanced without the need of opposing the state’s own coroner on such findings. The failure of Chauvin to respond to a medical emergency speaks more to manslaughter than murder but it could be framed consistently with these findings. Instead, the prosecution has asked the jury to effectively reject the coroner’s findings — a risky maneuver.
We have previously discussed key defense elements in the case:
Conversely, Chauvin’s attorney, Eric Nelson, sounds more like the typical prosecutor noting that there is only one official autopsy and one official report on the cause of death. He told the jury “Dr. Baker found none of what are referred to as the telltale signs of asphyxiation. There was no evidence that Mr. Floyd’s airflow was restricted and he did not determine [it] to be a positional or mechanical asphyxia death.”
Nelson can rely on other aspects of the official record. When Baker went over findings in a meeting last December with the Minnesota Attorney General’s Office, he specifically noted that the knee restraint was not likely to produce asphyxiation: “[I]t appeared to Dr. Baker that the pressure to the neck was coming from the back or posterior lateral portions of the back, and none of these strictures would impact breathing or cause loss of consciousness,” said a document summarizing the meeting.” He noted a study that found that placing 200 pounds of weight or more on a healthy person did not have an “observable impact on breathing.”
Instead, Baker cited the drugs in the system as well as the 75-80% narrowing of coronary arteries that “put him at risk for a sudden cardiac arrest.” The record of the meeting states “Dr. Baker offered that one possibility for the pathway of Floyd’s death is that Floyd’s heart was starting to fail because of the stress, drugs, enlarged heart, and [heart] disease . . . He said that once the heart starts to fail … one of the symptoms is the perception that you cannot breathe.”
After those findings were released, Baker’s office had to be put under police protections due to threats to him and his staff.
By focusing the jury on the autopsy report, and asking them to effectively dismiss the conclusions of the only official report, the prosecutors increase the chances of a hung jury and even an acquittal. I previously expressed reservations about the push for murder charges because the case is better suited for a manslaughter case. If a jury feels the prosecutors have over-charged a case, it can produce a loss of credibility in the case. When you add an argument to dismiss the state’s own autopsy findings, you risk magnifying such skepticism or mistrust with jury members.
I think he should be acquitted of all crimes charged.
I agree. The way the officers are moving in the tape shows cops trying to do their job, they don’t seem to want to kill or hurt anyone.
of course he should be, if only common sense ruled the day
After those findings were released, Baker’s [the medical examiner] office had to be put under police protections due to threats to him and his staff.
OMG – you mean these high minded moral leftists threaten people??? I am clutching my pearls.
antonio
As a “hate fact”, the jurors MUST dismiss the official autopsy report.
What is a “hate fact”? Something objectively true but does not promote the leftist narratives of social justice and equity.
Other examples of “hate facts” include IQ studies and crime statistics.
antonio
“He also was COVID-19 positive.”
Given how statistics on fatalities from the virus have been compiled, he appears to have died of COVID because underlying causes are never reported as having caused death if COVID is present, not hitting a wall with a motorcycle or having five times the lethal amount of alcohol in your blood or having a bad heart. If heart disease and a drug overdose are less lethal than the virus, why would having a cop on your neck for nine minutes be more deadly than the virus?
I am being facetious, but only in part. We have too easily accepted ‘dominant narratives’ regarding both the virus and Floyd’s death. Where the truth lies, I do not know, but I would love to be able to get into the minds of the jurors and discover how they separate and evaluate the multiple underlying causes in Mr. Floyd’s death and to explore the minds of the prosecutors and the defense attorney to see what each of them really believes to be the true cause of his death, if there was a single cause.
If this were a civil trial , civil law applies , I believe you would be looking for proximate cause, foreseeability, et al.and comparative negligence.
But this is a criminal law case – don’t know if apportionment or blame , cause is to be taken into consideration, de facto or de jure.
I don’t think someone can be convicted of 25% murder.
Professor Turley is a Lawyer, a Defense Lawyer, and a darned good one at that….and is a Professor….and has one learned personal trait so typical of those like him….he uses lots of words when just a few would suffice.
The Prosecutor’s have conducted a Political Trial….way overcharged the Defendants….and as one would expect do not have the evidence to support their allegations.
They are going to lose the Chauvin Case….the other Cases shall collapse because of that ….and the over expectations of the Prosecutors and the Media playing to the BLM crowd are going to cause the country to burn due to totally unnecessary illegal Riots.
That is what should have been said….short, simple, direct, and true.
Now it is going to be up to Twelve Good Citizens to decide if they too shall play along with this tragic abuse by the Prosecutors and fail to do what is morally right and refuse to convict the Defendant.
Let’s pray there is one brave and decent Person among the Twelve that shall do what is right and steadfastly adhere to their ethical duty and vote Not Guilty and force a acquittal or Mistrial.
well said and 100% agree
I couldn’t agree more with you with every word you just stated.
I’m so glad I don’t live in Minneapolis or have any plans to visit
I have watched every minute of the trial, including Voir dire.I am not saying Chauvin did not commit an crime. Manslaughter in my opinion would be appropriate. But the mere fact that the PROSECUTION wants to exclude the coroner’s report tells you something. I know it is early but up to the testimony of Lt. Zimmerman Nelson was able to score significant points with every prosecution witnesses He was also smart enough not to cross certain witnesses like the 9 year old girl. Who like the majority of witnesses appeared to be there for the sole purpose of pulling at heartstrings. NOBODY likes to witness someone dying. That is a given. But this case will not turn on sympathy .It will come down to expert testimony, acceptable restraint methods taught to officers and what I think might be the most important component , jury instruction.
I have been watching the proceedings on CourtTV. I am a long time avid viewer. And usually the commentary consists of a host, a former prosecutor, a former defense attorney and sometimes a judge. This makes perfect sense because the audience gets the perspective of all of the relevant ” players”. But for this particular trial you basically have all persecutorial sycophants. They had on Lisa Bloom who admitted to having current clients that are BLM members suing the police. She basically said, and this is an officer of the court, why even have a trial we should move directly to sentencing. So much for objectivity.
Unfortunately this kind of mindset appears to be pervasive. In my opinion riots are inevitable regardless of the verdict. I am currently looking into investing in stores that sell plywood in Minneapolis.
I saw Lisa Bloom’s comments. She’s a disgrace!
I don’t see how in the world you come to the conclusion that he committed manslaughter. He followed his training. And the medical evidence backs up the fact that Floyd what is a “stone-cold-drug-addict. And the evidence shows from the autopsy what he actually he died from. It would behoove you to seriously serious go back and re-read the article again. For the 1st 6 paragraphs.
Yes, we all know that the autopsy from the “family-pathologist” did. and the key operating word here is what???? Here let me help you out. It’s, “Family.” I don’t doubt for a minute that this doctor would speak the words that the family was so desirous to hear.
One of the biggest things that not only has it disgusted me, but it’s also disgusted many millions of Americans and that is the fact that the local government released the high $$$$ dollar amount that they so readily and so willing to settle so fast for. It’s one thing to settle so fast, it’s another to do it before, the end of the criminal trial.
And then to release the amount of the settlement to the media.
Which is extremely odd, I do mean extremely odd, because the vast majority of the time in civil trial settlements, especially involving either a city/county/state or federal government, they rarely, I do mean rarely give out the amount. A pol 2 weeks ago in my WSJ online edition l was about this. I shall paraphrase.
“Involving the settlement pertaining to George Floyd, should the city/county have given the amount to the media for broadcasting purposes?
86.8% said NO! They should not have. And the article gathered over 2,600 comments. The last time I looked. Which is obscenely high for an article on my WSJ. BY FAR.
Yes, it could have been stipulated in the monetary settlement that revelation of such would not occur prior to the trial, if the state wished to pursue that Avenue.
Should the jury have been sequestered is also questionable.
I just can’t get to the part where he dies WITHOUT a knee on his neck. Do I think that other factors , drug use, Covid, compromised pulmonary system could have CONTRIBUTED to his demise, yes. And let me be more pointed. I believe the top 2 counts will be dismissed or result in a hung jury. Definitely overcharged. Will have the same result of Freddie Grey. Ellison felt compelled to overcharge. Manslaughter will be the lesser included. No way he walks. Unfortunately a guilty on Manslaughter will not be enough to quell the mob. Let the riots begin!!
Paul – I am confused. I must assume that you are aware that EVERY day people die of overdoses – fentanyl being just ONE of the many drugs that people overdose on all of the time. He had levels that almost guarantee death.
Yes I am. But although I see the prosecution trying to prevent the jury from seeing the autopsy as extremely suspicious, it does not list overdose as a cause of death. It is a double edged sword. And the independent autopsies should have no bearing at all. Again, I just don’t see how the kneeling did not contribute to his death. Do I find the ” I can’t breath ” narrative prior to any kind of restraint suspicious? Yes. And the 2019 video will show a similar tactic. Do I believe he was claustrophobic? Not really. And even if true, I guess no suspect repeating such claims will ever be required to be taken into custody which is ridiculous.
But the burden of proof beyond a reasonable doubt as to cause of death is on the prosecution. Might not be as easy as some predict. Anyone who thought just show the videos, and go to sentencing ( which has been pervasive) does not understand how our system works. What happened to Mr Floyd is horrible
But I fear the reaction to any verdict will be devastating as well
Any lawyer or prosecutor can convict a guilty man, but it takes a great lawyer or prosecutor to convict an innocent man.
Not really. If the country is running on the thin gruel of feelings and the jurors are poured out of that mold, facts are superflous and we CAN go directly to the guilty verdict.
Hear Hear! You nailed it my friend!!
Three medical examiners ruled George Floyd’s death a homicide! https://www.king5.com/article/news/verify/chauvin-trial-drugs-heart-george-floyd-death/507-79911bcd-3cbe-44ee-8e44-30e00baf8010
Get it together Turley. He was murdered! It wasn’t suicide.
How much were they paid under the table to say it was a homicide? Are they pathologists? And I guess you think OJ was innocent too.
From the “fact check”
The prosecution is arguing Floyd died of oxygen deficiency, also called asphyxia, caused by Chauvin holding his knee to Floyd’s neck for several minutes.
Lacking the video, NO pathologist would reach this conclusion. A fentynal level of 3ng/mg is a lethal level by medical experts. Floyd’s was 11ng/mg
The three opinions in this fact check NEVER did an autopsy. Cherry picked facst to support their pre determined conclusion and ignore and fail to address mitigating fact.
How many examined the body in an unbiased way? Only one but that one clearly pointed the cause of death to heart and Fentanyl. Homes can’t remember that one.
Three others looked at the body? Who? I remember one who provided his conclusions before the toxicology reports revealed the Fentanyl level.
Who else outside of the medical examiners office did an extensive examination of the body?
Are we dealing with what Homes dreamt last night?
SM
You so dumb.
Big hit by the Fighting Gerbil. One can see his name being lived up to. Fights all the time with the intelligence of a Gerbil.
@justiceholmes
You’ve got it! The State medical examiner is a secret “white supremacist”. Glad you posted this.
antonio
Of course they did. This is the year of denialism. Leftist Scientists/ Doctors denying science ‘ medical knowledge. Etc etc. you didn’t know this? look at the village-idiot-for-brains, that swear up-and-down that there’s more than two genders. COME-ON-MAN!! Get with the program.
Oh wait, you have. You deny the actual medical findings pertaining to his many years of self-induced-hardcore-drug-addiction. I have zero sympathy for George-Drug-Addict-Floyd. He got what he deserved.
@montanaman60
These moral, uppity leftists who constantly excuse St. George of Floyd’s behavior (peace be upon him) wouldn’t be caught near him or dare confront him in his natural element of crime commission, including armed robbery.
Of course, good leftist virtue signaling does not require one to get their hands dirty. Saying the right things is enough.
antonio
I was also struck by the inclusion of ten (!) witnesses who testified as to their feelings of “helplessness”, “horror” and “shock”. What possible relevance do their emotional reactions have to this case? Did the defense object to this? How are jurors supposed to interpret these emotions as necessary to prove Chauvin’s guilt? If it’s not considered necessary, why would the judge allow it?
My son in law said he almost went to law school but after watching to many trials and the government filled with lawyers, he said why have a degree where I am forced to lie for a living. Very smart young man. How can autopsy results by two qualified pathologists be dismissed? I don’t even watch this trial or frankly care what the jury decides. No matter what the decision is, everybody loses except the judge and lawyers who get paid very well and just move on to the next case and raise their hourly fees because now they are famous. The big losers are the cops whose lives are destroyed forever. They will always be guilty to millions of people. This trial should have been moved far away to increase the chance of a fair trial. It’s not a fair trial. The Floyd family has already been paid off so they are buying all kinds of fancy houses and cars and other stuff like more drugs. Am I cynical and skeptical about this trial…you bet! Will it change my life…NO! Is it the trial of the century…give me a break…NO…IMO the trial of the century was Clintons impeachment when he proved in court, under oath that oral sex is not sex…all fathers forever will have to explain that decision to their daughters…and he served for 8 years!!!
“The big losers are the cops”
And then there’s George Floyd, who died.
I agree…I think the cop should have taken his knee off his neck when he said he couldn’t breathe…9 minutes is a very long time and 3 other cops just stood and watched instead of trying to help Floyd…Floyd was already handcuffed, on the ground and helpless…BUT did the knee cause his death???…we all know their are bad cops…cops who steal money…cops who steal drugs and sell them…cops who get paid cash to protect businesses…and some get away with those crimes…are these bad cops???…I don’t know the answer to that question.
we all know their are bad cops…cops who steal money…cops who steal drugs and sell them…cops who get paid cash to protect businesses…and some get away with those crimes…are these bad cops???…I don’t know the answer to that question
We all know their are bad Blacks…blacks who steal money…blacks who steal drugs and sell them…blacks who get paid to protect businesses…
Is Floyd a bad Black? I do know the answer to that question. Evidence in the public domain informs he is.
(following the lead of the commenter, Ignoring the case of before the court, implying evil where none has been identified, and crafting a comment intended to elicit an emotional, rather than informed, reasoned response)
Why do you accuse all Cops of crimes….and not stick to the Case and evidence being presented in this particular case?
I am former Law Enforcement and agree with your first sentence as does my former Riding Partner who happens to be Black.
He and I both independently arrived at the exact same view of the matter…..pinning Floyd to the ground with a Knee for that long was wrong….and had we been spectators that day we each agreed we would have interceded to get that knee off of the Man.
That does not mean the Officer(s) doing the arrest committed a crime of any kind.
Floyd had resisted arrest and had been combative that is a fact.
Floyd had to be restrained and handcuffed by means of force by Officers….that is also a fact.
Where I and my former Partner part ways with the MPD and the Officers involved in the Floyd Incident is once the Arrestee has been handcuffed and ceases to resist….it is stand him up and put him into a Police Vehicle time…..and any use of force becomes improper.
They were plainly past that point….but we have to look to their training, Use of Force Policies….and most importantly….the Coroner’s Report to determine the ACTUAL CAUSE OF DEATH.
I will give you one real example…..fortuantely it did not result in death or injury but sure scared the Bejesus out of me.
Perp resisted and became combative during an arrest while I was serving an Arrest Warrant on him subsequent to a traffic stop for a simple speeding ticket.
A routine record check done by Dispatch found the Individual had an. outstanding Arrest Warrant for a Felony Crime.
In order to gain control of him I struck him in the center of his chest targeting his Solar Plexus in order to cause him a temporary breathing problem….the Punch was one we trained to do and was authorized by our Use of Force Policy.
It was done with a clenched fist and could also be done with a stroke from a Night Stick…..I used just my fist and the Perp quickly submitted.
Afterwards in the Magistrates Office he related to me his having had recent Open Heart Surgery….and upon opening his shirt….the recently healed chest incision was plainly visible.
Had I known of that surgery….do you think I would have hit him in the Chest or even handcuffed him with his arms behind his back as the restraint policy required?
The incidents are different but similar…..the Officers did not know of Floyd’s Medical conditions, recent overdose of a a drug that is a big killer of Heroin Users.
Certainly their intent was not to kill Floyd….and they were operating within their training and Use of Force policies….so why are they being called Murderers?
“Why do you accuse all Cops of crimes…”
Because their end game is free-range criminals.
Sir I agree with you…my best friend is a retired cop from NY…he and I disagree…he thinks they are all 4 guilty…but we are still best friends…there are many times in life where it’s just not worth losing a friendship…or a family member…you just move on down the road.
“I am former Law Enforcement and agree with your first sentence as does my former Riding Partner who happens to be Black.”
Ralph, I have read that black police officers can be harder on their own than on others. Is that true in your experience. If so why?
I know that in my case I am mentally harsher on myself and those close than I am to those that are distant.
As a police officer how would you interpret the look on Chauvin’s face in the last 3 minutes? You don’t know him or what is in his mind but what are the options and which do you feel most likely? (I don’t think his look means much except in the case of a potential excessive use of force.)
>>”“The big losers are the cops”
>And then there’s George Floyd, who died.”
And then there were the big losers that were honest decent people that came into contact with Floyd. Let’s not forget the children who Floyd may have sold drugs to or were influenced by Floyd. Some of them probably died as well and maybe some could have grown into upstanding citizens. Of course let us not forget the good people killed or greatly damaged by the riots after Floyd’s death.
Anonymous the Stupid doesn’t care about all these other people. Thin in the brain permits one to think only superficial thoughts that frequently aren’t even correct.
“And then there’s George Floyd, who died.”
A life of crime and drug abuse does have consequences.
So does being a cop who acts homicidally.
So does being Anonymous the Stupid who acts Stupidly.
Floyd was a bad man who resisted arrest for an alleged crime that just happened. He took too many drugs and too much Fentanyl.He also had heart disease. The symptom of shortness of breath claimed by many to be due to the knee on the neck actually occurred while Floyd was standing without any restraint. His lungs were filled with fluid which is typical of a drug overdose. He died from drugs and comorbid illnesses
Anonymous the Stupid wishes to create an entirely new story to convict a police officer because today Anonymous the Stupid and leftists believe police officers are pigs. They feel they don’t need proof to convict them.
“Anonymous the Stupid wishes to create an entirely new story to convict a police officer because today Anonymous the Stupid and leftists believe police officers are pigs. They feel they don’t need proof to convict them.”
Total hogwash by Anonymous @ 1055
Anonymous the Stupid, what was the hogwash?
“Floyd was a bad man who resisted arrest for an alleged crime that just happened. He took too many drugs and too much Fentanyl.He also had heart disease. The symptom of shortness of breath claimed by many to be due to the knee on the neck actually occurred while Floyd was standing without any restraint. His lungs were filled with fluid which is typical of a drug overdose. He died from drugs and comorbid illnesses”
Aside from the cause of death which in your case is political what was hogwash?
Another thug gone, the world is a better place!
“And then there’s George Floyd who died . . .” from a DRUG overdose.
There, I fixed it for you
George was dying regardless ahahhahahahahaha….if he didn’t OD that day , he was undoubtedly OD’ing soon
Thanks for your perspicuity….so clear it screams…any protests should be met with a shoot to kill order….
Here’s the reality, Floyd overdosed on Fentanyl while resisting arrest.
The left is always desirous of getting rid of facts that don’t suit their purposes. That is because they live in a dreamworld where logic doesn’t exist.
No signs of asphyxiation on the autopsy and a very high Fentanyl level in a person who had bad heart disease. Everything points to Fentanyl and heart disease even the shortness of breath while Floyd was still ambulating, but in the topsy turvy world of the left Chauvin was a policeman and therefore he must be punished.