Prosecutors knew they had a problem. To make the murder charge stick in the Chauvin case, they had to secure an “asphyxia” diagnosis from a physician.
The American Spectator "In his motion for a new trial, former Minneapolis police officer Derek Chauvin, through his attorney Eric Nelson, made an obvious point. Quoting case law, Nelson reminded the court of “the prosecutor’s inherently unique role in the criminal justice system, which mandates that the prosecutor not act as a zealous advocate for criminal punishment, but as the representative of the people in an effort to seek justice.”
"Had the State prosecutors set out to honor this mandate and seek justice, they would not have presented the medical evidence they did. In fact, they would not have charged Derek Chauvin with second-degree murder or charged his colleagues as accomplices.
"If justice were the goal, prosecutors would have taken two critical steps to assure that the medical testimony supported the charge of murder. The first was to run a controlled experiment to see if Chauvin’s actions could possibly have resulted in the death of George Floyd. The second was to make the court and the defense aware of the potential compromise of its star medical witness, Hennepin County Medical Examiner Dr. Andrew Baker.
"Dr. John Dunn did run such an experiment, and he made a video of the same. Dr. Dunn comes well credentialed. He is a former member and chair of the medico-legal committee for the American College of Emergency Physicians, board certified in legal medicine, and co-author with a pathologist of a chapter on forensics for a text published by the American College of Legal Medicine. He has followed the case from the beginning, studied the videos, and reviewed Floyd’s autopsy report." . . .
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