Derek Chauvin’s new attorney indicated in court documents filed late last month that the former Minneapolis police officer plans to ask for his convictions to be overturned or, in the alternative, request a new trial.
Chauvin was found guilty in April 2021 of second-degree manslaughter, second-degree murder, and third-degree murder in the May 2020 death of George Floyd. The U.S. Supreme Court declined to hear his case in November 2023, ending his direct appeal.
However, in a petition for post-conviction relief, Chauvin’s new attorney, Gregory Joseph, writes that “grounds for relief in this Motion establish actual innocence, ineffective assistance of counsel, discovery violations … and related violations of due process and a fair trial under the United States Constitution.”
The 15-page petition alleges that the full details of the Hennepin County Medical Examiner’s report and toxicology report were not provided to Chauvin until July 2023.
The petition, filed on Nov. 23, also describes a tumor, believed to be a paraganglioma, that was found during the autopsy of George Floyd. Hennepin County Medical Examiner Dr. Andrew Baker called the tumor insignificant at the time. However, some doctors disagreed, and at least one came forward during Chauvin’s trial and alerted Chauvin’s attorney, Judge Peter Cahill, and the prosecution to the significance of the tumor, according to the petition.
“This email contact was not disclosed to Petitioner (Chauvin) at any point prior to August, 2023,” the petition says.
“Dr. Andrew Baker, the Hennepin County Medical Examiner who performed the autopsy of George Perry Floyd, the decedent in this case, engaged in no testing of this tumor to determine whether it was active,” it adds. “Dr. [Roger] Mitchell explained that an active tumor of this type can cause carcinoid syndrome, a symptom of which is ‘sudden cardiac death.’”
As shown in “The Fall of Minneapolis,” Dr. Tom Haney also talked about how such a tumor can lead to death.
The tumor, believed to be a “paraganglioma,” is a “type of neuroendocrine tumor that forms near certain blood vessels and nerves outside of the adrenal glands,” according to the National Cancer Institute.
Chauvin’s petition also states that Dr. Baker did not mention “neck compressions” and “homicide” in his original autopsy findings. But after conversations with Dr. Mitchell, Dr. Baker added “neck compressions” and “homicide” to Floyd’s autopsy report, according to the petition.
As Alpha News reported last year, former Hennepin County prosecutor Amy Sweasy, who was involved in prosecuting Chauvin, testified that she received a phone call from Dr. Baker after he finished Floyd’s autopsy.
In an unrelated case, Sweasy testified that Dr. Baker was concerned because there “were no medical indications of asphyxia or strangulation.” Sweasy also testified that Dr. Baker asked, “what happens when the actual evidence doesn’t match up with the public narrative that everyone’s already decided on?”
The petition also argues that information was withheld from Chauvin and that his lawyers failed to investigate or inform him of other key information.
Chauvin’s attorney plans to file a more detailed petition in the future, at which point he will formally ask the court to set aside Chauvin’s convictions or grant him a new trial.
“The primary purpose of this Petition, which will be amended at a later date with permission of the Court and after a full review of Constitutional and trial issues by counsel, is to ensure that the Federal timeline concerning writs of habeas corpus … is tolled until a final determination on the merits is made by the Minnesota State Courts,” the latest filing explains.
Chauvin still struggling after stabbing
Just filing this petition has proved to be extremely challenging for Chauvin. On Nov. 24, 2023, Chauvin was stabbed 22 times in a prison law library by inmate John Turscak, a former gang leader and FBI informant.
Since then, in addition to his physical recovery, Chauvin has faced even more challenges. As the petition explains, Chauvin’s “conditions of incarnation have been abhorrent by any standard.”
Unlike Turscak, the inmate who stabbed Chauvin and was later given access to a laptop computer in his cell, Chauvin has had very little access to a computer ever since, making it nearly impossible for him to make a case for himself and replace all of his court documents and other evidence.
Incidentally, Turscak, the inmate who allegedly attacked Chauvin, is currently not in the custody of the Federal Bureau of Prisons.
The petition explains that the legal documents Chauvin was preparing in the law library when he was stabbed are gone: “Most of the documents were destroyed due to contamination with Mr. Chauvin’s blood during the attack.”
The petition further states, “Those [documents] that were not destroyed were confiscated and held as evidence in the prosecution of his attacker, and have not been seen since.”
“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.
In an exclusive phone interview from prison, Chauvin spoke to Alpha News about how drastically his life in prison has changed since the stabbing.
Judge Cahill retired before his term expired
Judge Cahill, who presided over Chauvin’s state trial, has retired. His term was set to end in January 2027.
Last month, Minnesota Sen. Amy Klobuchar praised Cahill for his “unflappable devotion to the law” in the trial of Derek Chauvin.
Klobuchar said: “That case received international news coverage, but Judge Cahill didn’t let that cloud his judgment. His ruling, as always, was based on the law and the facts. For that decision and countless others, he will be remembered in the history books as a beacon of fairness, a guardian of the rule of law, and a true minister of justice.”
Chauvin’s state case is now being handled by Judge Paul Scoggin. A fund has been set up to help Chauvin pay for his legal fees.
Liz Collin
Liz Collin has been a truth-teller for 20 years as a multi-Emmy-Award-winning reporter and anchor. Liz is a Worthington, Minnesota native who lives in the suburbs with her husband, son and loyal lab.
