Federal Judge Grants Derek Chauvin’s Request To Examine George Floyd Heart Tissue and Fluids To Contest Cause of Death
Chauvin seeks to vacate his guilty plea in federal court due to ineffective assistance of counsel for allegedly failing to inform Chauvin of an expert witness who asserted Floyd died of heart failure unrelated to Chauvin’s conduct, and for failing to conduct testing. This is unrelated to the state jury conviction.
Derek Chauvin was convicted in state court in the murder of George Floyd. For reasons I explained in great detail at the time, Chauvin did not get a fair trial. He was sentenced to 22 years in prison. His appeals from that verdict failed in the state courts and the U.S. Supreme Court refused to hear the case.
Chauvin also pled guilty to federal charges and received a roughly similar sentence. Chauvin is contesting his federal guilty plea, asserting in a pro se motion to vacate sentence, among other things, ineffective assistance from his counsel Eric Nelson, for failure to engage with a supposed expert who reached out with a theory that Floyd died because of heart failure not Chauvin’s actions.
Counsel appointed for Chauvin after Nelson withdrew from the case then filed a Motion for Discovery:
The opinion of Dr. Schaetzel is that Mr. Floyd died due to a catecholamine crisis when his paraganglioma secreted excessive levels of catecholamines. Dr. Schaetzel urges that samples preserved from Mr. Floyd be tested for catecholamines and their metabolites, and that tissue sections of Mr. Floyd’s heart be examined. These tests and examinations would support Dr. Schaetzel’s opinion about what caused Mr. Floyd to die if high levels of catecholamines or their metabolites were discovered, or if the heart tissue showed evidence of Takotsubo’s myocarditis. (Takotsubo’s myocarditis is an acute heart failure (i.e., a heart attack), that is caused by a catecholamine crisis.) So Dr. Schaetzel’s opinion is that the catecholamine crisis led to Takotsubo’s myocarditis, resulting in pulmonary edema and death. Because these tests and examinations would support Dr. Schaetzel’s opinion depending on their results, there is good cause to conduct the tests.
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In sum, Chauvin requests the following discovery:
• Any and all histology 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 from Floyd possessed by the HCMEO, any entity that the HCMEO 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.
The Court granted the motion for discovery in an Order on December 16, 2024:
Mr. Chauvin filed a § 2255 motion challenging his federal conviction. In the briefing on this motion, he argued that his motion should be granted because he was denied the effective assistance of counsel in two fundamental ways. First, his attorney, Eric Nelson, failed to inform Mr. Chauvin that a Doctor William Schaetzel had contacted Mr. Nelson and opined that Mr. Chauvin did not cause Mr. Floyd’s death. Dr. Schaetzel’s opinion is that Mr. Floyd died due to a catecholamine crisis when his paraganglioma secreted excessive levels of catecholamines. These excessive levels of catecholamines led to Takotsubo’s myocarditis (a type of acute heart failure, or heart attack), resulting in pulmonary edema and death. Dr. Schaetzel contacted Mr. Nelson in April 2021, before Mr. Chauvin was indicted federally. So Mr. Chauvin’s first ground is a claim that Nelson provided ineffective assistance of counsel to Mr. Chauvin by failing to consult with him on this issue.
The second way Mr. Chauvin claims that Mr. Nelson was ineffective is related, though independent. Dr. Schaetzel urged that samples preserved from Mr. Floyd be tested for catecholamines and their metabolites, and that tissue sections of Mr. Floyd’s heart be examined. These tests and examinations would support Dr. Schaetzel’s opinion about what caused Mr. Floyd to die if high levels of catecholamines or their metabolites were discovered, or if the heart tissue showed evidence of Takotsubo’s myocarditis. Mr. Nelson never requested these tests. Mr. Chauvin’s second claim is thus not a failure-to-consult claim, but a failure-to-test claim.
Mr. Chauvin’s discovery motion seeks to have the tests performed that could support Dr. Schaetzel’s opinion of how Mr. Floyd died….
The Court found there was good cause to allow the discovery:
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 Mr. Chauvin to take the discovery that he seeks. Accordingly, the Court GRANTS Mr. Chauvin’s Motion (Docket No. 564):
1. The defense shall be allowed to take discovery of any and all histology slides of Mr. Floyd’s heart, tissue samples of Mr. Floyd’s heart, tissue blocks containing heart tissue from Mr. Floyd, and recut sections of all autopsy tissue histology slides relating to Mr. Floyd’s heart, possessed by the Hennepin County Medical Examiner’s Office (HCMEO), or any entity that the HCMEO contracted with that has these materials;
2. The defense shall be allowed to inspect, examine, and make copies of any photographs taken of Mr. Floyd’s heart; and
3. The defense shall be allowed to take quantities of certain fluids—vitreous fluid/aqueous humor, postmortem blood (including serum and/or plasma), antemortem blood (including serum and/or plasma), and urine—sufficient to test the concentration of fractionated catecholamines and metanephrine levels present that are possessed by the HCMEO, any entity that the HCMEO contracted with that has these materials, HHC, and NMS Labs. And Mr. Chauvin is authorized to test these fluids for the concentration of fractionated catecholamines and metanephrine levels.
Even if the discovery bears out the theory of heart failure, it will be a fight to vacate the conviction. You can read here how the government is opposing the motion as originally filed.
Even if successful, only the federal court plea would be vacated. Presumably the federal government could then prosecute the case.
But – and I’d have to defer to those with more background in criminal law – if the evidence obtained does support the view that Floyd died from heart failure not Chauvin’s actions, I presume Chauvin also would try to reopen the state conviction on the basis of this new evidence that he alleges was concealed from him.
It’s an extreme longshot, but it may be the only legal shot Chauvin has left at this point.
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Comments
Let this be the first big step toward overturning federal AND state convictions.
Officer Chauvin’s trial was such a miscarriage of justice. A kangaroo court. His attorney if not incompetent was way over his head trying to represent his client. So bad I had to stop watching the trial. The judged erred in allowing a self proclaimed martial artist to testify as an expert witness without adequate qualifications or objection by defense. Judge allowed inflammatory statement that the restraining hold used was a “blood choke.” No way. Same term was used in recent Neely/Penny case in NY. That might have legitimately been called a “blood choke.” For Chauvin, start with body cam video. Floyd managed to fight off three police officers trying to put him in the car. Notice, Floyd is standing up, no cops holding him. Floyd grabs his chest and exclaims, “ow ow, I can’t breathe. “. That with a little medical research is Floyd’s sickle cell condition (symptoms) kicking in after his strong physical exertion. He may have been dead at the time or probably could not be revived by ems. Then look at the autopsy report. No trauma or bruising to Floyd’s neck, back or throat. No broken hyoid bone in his throat. Autopsy confirms sycle cell, cardio vascular disease, significant fentanyl and methamphetamine in his blood. Fentanyl is a central nervous system depressant and would have been shutting down Floyd’s breathing and heart rate. I also understand that Floyd was still alive when he got to the hospital. Very likely the COP perjured himself during testimony regarding the restraining hold used by Chauvin and other officers. He claimed the technique was not taught to his officers. I understand that if the training records had been brought in, it would have confirmed the perjury. That in part could have been fault of unqualified defense counsel. Charges against all the officers need to be thrown out.
There are calls on social media for Trump to pardon Chauvin on day one. I agree. But Trump will be dealing too many other hornest’s nests on day one. This will probably have to wait other 4 years.
Thems the politics, folks.
Especially since it wouldn’t do him any good, he’d just go to state prison instead.
In fact I had been under the impression that the reason he pleaded guilty to the federal charges was specifically so he could go to a federal prison out of state, rather than be locked up in a state prison where he’d be more vulnerable.
That was my impression as to why he plead guilty to the fed charges. Fed pen safety (less unsafe)
Not being a biologist, I find the first step on this staircase to be missing.
What causes a “paraganglioma to secrete excessive levels of catecholamines?” Tons of fentanyl? Heavy pressure on your neck? Dumb luck that his paraganglioma chose that moment to puke? It seems kind of crucial to understanding how this would or wouldn’t exonerate Chauviin.
Because the cause of death wont be Chauvin.
Only if you are convinced that Floyd would have died at that point in time absent Chauvin
I have read the ull autopsy report, AND the toxicology panel, taken by the Hennepin COunty Coroner’s Oice as they became available. hey are in the public domain.
The key conclusive evidence is in the tox panel… OUR TIMES lethal quantities o entanyl were present, and TWO TIMES lethal quantits o meth were also ound.
I loyd had sat in his car undiscovered by Chauvin, hed have died at very close to the same time he did, based on the operation o the entanyl and meth in his blood.
WHY was this set o ACTS not properly presented during his trial?
(I htink WE know, t=but the rioters didn’t, and still don’t care. They have theyr “martyr” and the ensuing mayhem.
Perhaps it was some substance from the counterfeit $$ Floyd was trying to pass ?
A paraganglioma secretes adrenaline with catecholamines as a traceable byproduct. The para tumors do this on an ongoing basis and can secrete higher amounts (spikes) when the body is stressed. Patients with paras and the closely related pheochromocytoma (same tissue as the para but it forms in the adrenal gland) are subject to attacks of hypertension, anxiety, tightness in the chest, aggression, sweating etc. These attacks can result in heart attacks and strokes in normally healthy people (the pheo was “disease of the week” in four different episodes of the House TV series). So, to put this in perspective: The act of being arrested and handcuffed could have triggered a stress response (aka fight or flight) that pumped out a massive amount of adrenaline that resulted in a heart attack.
So based on what you say “The act of being arrested and handcuffed could have triggered a stress response (aka fight or flight) that pumped out a massive amount of adrenaline that resulted in a heart attack.” I would guess the prosecution could say that Chauvin putting a knee to his back and causing him to have trouble breathing could trigger this response also and since Chauvin pled guilty he will need to prove the response was triggered before he put his knee on him. I personally do not think Chauvin got a fair trial. Given the training he got he probably should have been fired at most. The guys who got a really raw deal were the ones there with him. They were busy watching a growing and hostile crowd and are going to jail also for failing to notice there was a problem with what Chauvin was doing.
No. The thing that triggered it was the attempt to put him in the police car. That’s when he started having a panic attack and started complaining of shortness of breath — a common complaint in panic attacks.
no, the triggering factors or loyd were two: the massive dose o eentanyl he had ingested as Chauvin approached his car, and twom the massive dose o meth he ingested at the same time. Remember he had pulled this stunt in Texas a year or so previous, and almost killed himself then.
Chauvin and his Secnd that day had taken Hennepin COunty’s sprcial traing or precisely this sort o scenario just two weeks prior to this incident. Both officers perormed the tasks they had learned, to the letter. Don’t firget, the “I can’t breathe” syndrome is classis response in fentanyl overdose cases. This was one o the early VERY strong indicaors o the exact situation ufolding then. Chauvin and his secind recognised this and acted accordingly.
floyd killed himself when he swallowed his stash.
the article I read on the subject 2 or 3 years ago was the a combination of the adreniline and the fetenyal causes the secretion – though mostly the excitement of the police encounter (without regard to any physical activity of the encounter). With the caveat that I read the article 2 or 3 years ago.
There are 4 George Floyd statutes which should be destroyed and replaced with larger fickle fingers.
Unfortunately pointless, because he plead guilty to the federal charges, and his plea has basically a zero chance of being overturned.
Not saying it’s hopeless, but the only realistic chance for freedom for him would be to get the state charges tossed out, THEN appeal to Trump for a pardon/clemency.
Not saying its impossible, but I definitely wouldn’t be the farm on it happening.
Slightly better odds, but that’s because it’s an ontological certitude that no state pardon will issue. But, I’d rather wager on that than betting on the Lions to win the Super Bowl.
He was convicted with testimony that enlarged hearts are healthy, heart attacks build resistance to future heart attacks, and that small doses of fentanyl are good for you.
The facts never mattered. He’s white, Floyd’s black.
“enlarged hearts are healthy, heart attacks build resistance to future heart attacks,”
Agreed
The chicago cardiologist that testified to the above was a lying sack of ______.
Full blown lying sack of ______
I will never understand the mindset of people that glorify a common, drug abusing thug that would kill the very people that worship him without blinking an eye. I believe that is what defines our political scene today – people that welcome their own demise vs. ones that value conservative ideals.
Came down to skin colour and nothing else.
It was a demonstration of the power of the mob, not a trial. The hope in the new evidence is that it happens after a delay and maybe the politics have changed.
Chauvin’s appeal boils down to the following analogy: I beat up an old woman with a bad heart and to steal her purse and she dies on the spot from heart failure and gee whiz, I didn’t do it, she forgot to take her medicine that morning!
The point of the knee on the neck restraint is that it puts no force on the neck, not lots of force. Its power is in not moving in response to trying to get up, i.e. no movement in response to the force that the guy held down applies, owing to bones being locked up in that position. It’s like lying under your car. No force, but you can’t get up.
If you beat up an old woman to steal her purse, you are a robber. If a policeman attempts tor restrain a violent man resisting arrest, he is doing his job. Expecting the policeman to be able to assess the suspect’s physical condition with the expertise of a pathologist with postmortem evidence is highly unreasonable. Chauvin made a mistake in restraining Floyd for an unnecessarily long time, and Floyd died in the interval. That may be a tragedy, but it is not a crime. Chauvin was lynched.
you miss the point, maybe intentionally so, Chauvin is trying to blame a death that would have not occurred w/o his actions on drugs. the body cam audio has the police talking about Floyd having a medical event. even the onlookers were telling Chauvin that he was killing Floyd
Cause of death.
My impression has always been that the fluid in the lungs prevent the exchange of oxygen with the tiny air sacs in the lungs. (junior high biology).
My recollection of the testimony is that the Hennipen county medical examiner was reasonably honest (with limitations).
The Chicago cardiologist was a lying piece of sxxx. He was testifying to things that were not even remotely relavent to Floyd’s actual medical conditions. Grosssly misrepresented the issues with enlarged heart. I happen to have slightly enlarged heart due to being an endurance athlete and conflated data associated with my condition as if they applied to floyd’s enlarged heart.
I was a consultant in the original trial. I wrote a long explanation of this theory of cause of death on my forensic pathology blog: https://wordpress.forensicpath.us/index.php/category/george_floyd/
Note that this remains a possible cause of death even if the paraganglioma is not functional. Most people who die of stress cardiomyopathy (which has about a 6% mortality rate) do not have a functional tumor and the catecholamine surge is due to circumstances.