Derek Chauvin's sentenced to 22.5 years in Prison

Thanks for updates OP

Very bad move. Don't like it at all!

I've been amassing quotes form Andrew Baker, the medical examiner who performed his autopsy, from the trial. I grew sick and tired of seeing claims by leftists that he vindicated them and the prosecutions positional asphyxiation angle. Before I start, there is NOT ONE point in which he says ANYTHING in support of asphyxiation, just that he said pressure to the neck was a contributing factor to his heart attack as it caused him stress and anxiety. What's more telling: the prosecution didn't ask him for his opinion on asphyxiation, positional or otherwise. The prosecution hated his autopsy so much they commissioned another party to do their own autopsy, which came to different conclusins. This autopsy has never been made public and was not used before the courts, so cannot be considered.

He does also address the argument of a knee on his Floyd's back compressing his lungs, in which he said he found no bruising. That was all he said about that.

All of this is reasonable doubt to any fair minded jury. I don't know if you can get a murder conviction for causing his heart attack, one in which he was more liable for due to his health style and resisting arrest than the officers. It is not a natural connection between pinning someone and their dying of a heart attack where impairing their breathing leading to asphyxiation is, which is the requirement for a conviction on any of the murder charges. At most, if he caused his death by heart attack: manslaughter. It should also be noted that the judge came to the SAME conclusion: he concluded that the jury sided in favor of his death being caused by positional asphyxiation, even though their verdict didn't give a cause of death. Because it's the only cause of death that could justify a murder conviction! The judge even just sentenced him to an additional 10 years in prison on the belief that his asphyxiation of Floyd was particularly brutal when the coroner says in his belief he died of a heart attack.

P.S. It's a combination of a partial transcript I found online and my taking notes from watching the video (CNN appears to have cut their transcript short... I wonder why). I have potentially made spelling mistakes, although I have corrected them where I have seen them.


HE DID NOT OBSTRUCT FLOYD'S THROAT (MAKES IT CLEAR THAT THE PRESSURE ON THE NECK ALONE DID NOT CAUSE ASPHYXIATION, NOT JUST STRANGULATION, IN HIS OPINION)

Baker: You and I just kind of pivoted from strangulation, which is really pressure to the front of the neck, to the pressure at the back of the neck, and that's just not something that I think we see as medical examiners: pressure to the back of the neck explaining a strangulation.

Nelson: Or an asphyxiation?

Baker: Correct.


OBSTRUCTING FLOYD'S THROAT II

Nelson: In terms of the placement of Mr Chauvin's knee, would that explain anatomically why Mr Floyd ... would that anatomically cut off Mr Floyd's airway?

Baker: In my opinion, it would not.


PRONE POSITION IS NOT INHERENTLY DANGEROUS (THE MEDICAL LITERATURE HE APPEARS TO BE REFERRING TO, BUT I MAY BE WRONG, CONCERNS STUDIES WHICH SHOW 220LBS PUT ONTO THE BACK OF SOMEONE IN THE PRONE POSITION HAVE NO SIGNIFICANT IMPAIRMENT TO RESPIRATORY FUNCTION)

Nelson: Would you agree with the general proposition that the prone position is not inherently dangerous?

Baker: As far as I know based on my understanding of the medical literature that is true.


DID HE BLOCK THE CAROTID ARTERY OBSTRUCTING BLOOD-OXYGEN TO THE BRAIN? (THIS TYPE OF ASPHYXIATION CANNOT EXPLAIN FLOYD'S PLEAS OF "I CAN'T BREATHE")

Nelson: Did you see any evidence that he was occluding the carotid artery?

Baker: It did not appear to me on the video that his knee would have been able to occlude the carotid artery. Uhm even if it were, normal people have two carotid arteries and the unoccluded carotid artery would continue to supply blood to the brain.


THE RULING OF HOMICIDE IS NOT THE SAME DEFINITION AS A LEGAL HOMICIDE

Nelson: Again the labelling this death as a homicide that is a medical determination that you made, correct?

Baker: Correct.

Nelson: It is not the same standard as the legal standard, agreed?

Baker: Uh I don't even know what the legal standard is, but they are two different worlds.


HOMICIDE II (IT IS BASICALLY SAYING THE DEATH WAS NOT ANY OF THE OTHER THINGS, INCLUDING ACCIDENT, SUICIDE, NATURAL OR UNDETERMINED)

Baker: So, as a medical examiner, we apply the term homicide when the actions of other people were involved in an individual's death. It's one of five manners of death that we can choose from. The other four being accident, suicide, natural or undetermined. Homicide, in my world is a medical term. It's not a legal term. From a vital health and public statistics point of view, it's critical that medical examiners fill in a manner of death, and that would be a death certificate because from a public health point of view, you want to know how many people committed suicide in your state. How many people died out of accidents in a given year in your state. And so it's a key piece of public health data, but we don't use it as a legal term.


EXPRESSING HIS OPINION THAT IT WAS PRIMARILY CARDIAC ARREST (NOT CARDIAC ARREST AFTER ASPHYXIATION)

Baker: I don't normally think of things in the but for paradigm, uhm perhaps that's a legal thing but it's not normally how I think as a forensic pathologist, so what I clarified for the US Attorney and the Federal Bureau of Investigation was my opinion as to what happened to Mr Floyd and that is he experienced a cardiopulmonary arrest in the context of law enforcement subdual, restraint and neck compression. It was the stress of that interaction that tipped him over the edge given his underlying heart disease and his toxilogical status.


HIS OPINION II

Baker: In my opinion, the physiology of what was going on with Mr. Floyd on the evening of May 25th is, you've already seen the photographs of his coronary arteries, so that you know -- you know he had very severe underlying heart disease. I don't know that we specifically got to it, counselor, but Mr. Floyd also had what we call hypertensive heart disease, meaning his heart weighed more than it should.

So, he has a heart that already needs more oxygen than a normal heart by virtue of its size, and it's limited in its ability to step up to provide more oxygen when there's demand because of the narrowing of his coronary arteries. Now, in the context of an altercation with other people that involves things like physical restraint, that involves things like being held to the ground, that involves things like the pain that you would incur from having your -- you know, your cheek up against the asphalt and abrasion on your shoulder, those events are going to cause stress hormones to pour out into your body, specifically things like adrenaline.

And what the adrenaline is going to do is, it's going to ask your heart to beat faster. It's going to ask your body for more oxygen so that you can get through that altercation. And, in my opinion, the law enforcement subdual, restraint and neck compression was just more than Mr. Floyd could take by virtue of that -- those heart conditions.


HOW HE WOULD HAVE CLASSIFIED HIS DEATH AS CAUSED BY AN OVERDOSE OF FENTANYL WERE IT NOT FOR ADDITIONAL FACTORS (IT WAS A POTENTIALLY LETHAL AMOUNT, DESPITE THE LEFT TRYING TO SAY IT WASN'T)

Nelson: Do you recall telling the county attorneys office that had you found Mr Floyd under different circumstances you would have determined this to be a fentanyl overdose?

Baker: So I don't recall specifically what I told the county attorney but it almost certainly went something like this: had Mr Floyd been home alone in his locked residence with no evidence of trauma and the only autopsy finding was that fentanyl level then yes, I would certify his death as due to fentanyl toxicity. Again, interpretation of drug concentrations is very context dependent.


FLOYD'S CLOGGED ARTERIES

NELSON: Can you describe the narrowing or the stenosis of the coronary arteries in a little bit more detail?

BAKER: I can, counselor, if I may refer to my report again. So as I mentioned, when I was describing the photographs earlier, he had 75 percent proximal and 75 percent mid-narrowing of his left anterior descending coronary artery. Again, in most people, that would be the largest of the three coronary arteries. He had 75 percent narrowing of the first diagonal branch of his left anterior descending coronary artery. And then in his right coronary artery, which in most people is the second largest of the three, he had 90 percent proximal narrowing.

NELSON: All right. And what do forensic pathologists generally consider to be enough narrowing of the arteries to cause a sudden death?

BAKER: We usually look to 75 percent greater as capable of causing sudden death.


THE PRESENCE OF ANY AMOUNT OF METH

NELSON: Does methamphetamine further constrict the vessels and ventricles in the Arteries?

BAKER: I don't know. I'm not an expert in this specific toxicology of the methamphetamine. It is certainly hard on your heart in sense that it does things like drive up the heart rate and drive up blood pressure. I don't know if it's a vasoconstrictor but in either way, as a general rule for forensic pathology, methamphetamine is not good for a damaged heart -- a heart at the point of artery disease.

NELSON: Does the amount of or level of the toxicological findings affect whether it's good for the heart or bad for the heart?

BAKER: I don't know if there's a scientific answer to that, counselor, because I'm not aware that there's a quote unquote safe level of methamphetamine.

NELSON: And especially illicit methamphetamine, right?

No safe level of a street drug versus the amphetamines that are sometimes prescribed.

BAKER: Yes, so I'm very unfamiliar with any medical use for methamphetamine in approved circumstances. I'm aware that amphetamine is used in some circumstances. That's definitely not my area of expertise. Again, my high level overview as a forensic pathologist is all other things being equal, methamphetamine is not good if you have bad coronary arteries.

Last Edited by GooPile on 07/02/2021 02:03 AM

Seriously, if Chauvin accepts a plea deal, I'd be ready to believe this was some kind of government stunt from the beginning. From reading, they are contemplating signing off on a sentence of 25 years, possibly no probation, on the federal charges that go concurrent with the state sentence, which wouldn't be the case (I have heard) if the case goes to court. That is if they convict him a second time federally, he would have to serve his minimum of around 15 years for the state charges and whatever he gets federally after that. So it is very likely the two combined sentences will be a life sentence, but death penalty I have heard is also possible.

If he gets out in 25 years, he will be 70. What's the difference? Who wants to get out of prison an old man? What are you going to do, try to hit on girls at clubs at 70? What is the actual point? That's assuming he doesn't get killed upon release by Black Lives Matter. This versus maintaining your innocence and standing up for what is right?

Given BLM and a large number of Democrats wants him to serve 40+ years, why are they settling for just 25? They (the feds) know it will be bad if it does go through the courts. He is not thinking reasonably due to his solitary confinement.

Last Edited by GooPile on 06/30/2021 04:38 PM

Nelson is giving him bad advice. I'd rather die fighting for what is right than getting out as a senior citizen on what would likely be his early death after being confined for so long and the effects that has on his general health, not to mention the leftist death warrant hanging over his head. I don't imagine he will live to be a centanarian. Nelson was incompetent (he should have mentioned the non-Mineappolis specific question the jury ticked 'no' to), he needs a new lawyer. Guess BLM and the left have virtually made that impossible?

My opinion may change if I hear what he says and what he says was that he deliberately killed Floyd, but it'll feel like a forced confession to me. I can't believe any plea deal could force someone to speak out about someones death, but that is what is being reported. They won't give him a plea deal unless he says what they want him to say, publicly, in order to potentially avoid solitary confinement for the rest of his life or being killed by fellow inmates? (I imagine those two factors are part of the deal, but I'm just speculating... wonder if he has a black prison guard giving him death threats, wouldn't surprise me with how low the left will sink.)

Last Edited by GooPile on 07/01/2021 02:59 AM

I wonder if this plea deal was an attempt to out the cockroach who leaked details of the previous plea deal before the trial, because apparently they done it again, but not before the case went to trial. Nothing has come of the 'imminent' plea deal so far and I would hope it stays that way.

Last Edited by GooPile on 07/10/2021 09:21 AM

Got curious if there was any news. Everyone has gone silent. But the media are fighting the state to unseal the jurors names:

"the State does not even acknowledge its abrupt change in position, much less attempt to explain how, in its view, juror anonymity was not justified in September 2020—just a few months after Mr. Floyd’s death, when Minneapolis still smoldered and the ability to give Mr. Chauvin a fair trial was in question—but is justified today when the trial is over, concerns over attempts to sway jurors are moot, and the unrest arising from Mr. Floyd’s murder is behind us. Nor does the State attempt to cite any new or current facts that might theoretically justify continued sealing, relying instead on months-old anecdotes discussed at the September hearing
and in the Court’s November 4 Order while ignoring the passage of time and the palpable ratcheting down of emotions in the Twin Cities since Mr. Chauvin’s conviction."

It is quite clear why the state is contesting it. They don't want it to be revealed any other jurors had predetermined objectives. They have undoubtedly covered the tracks as best as they can, but they worry they may have missed something and don't want the truth to come to light.

Last Edited by GooPile on 09/07/2021 02:18 PM

So the jurors decided since their names were going to be leaked, they might as well cash in on it.

The thing that strikes me the most about the portion of interview I heard was how they were undecided about the homicide charge but go everyone on board because the officer didn't administer first aid.

I don't care what warped world you liberals live in, but not administering first aid will never constitute homicide. I can't fathom that can change a 'tending not guilty' person to a 'he's guilty' person on the homicide charges.

I raised this issue elsewhere and someone told me it showed malice. Maybe it made it look like Chauvin had knowingly suffocated him and wanted him to die.

For starters, it wasn't only the officers who didn't administer first aid for the victim. It was the paramedics also who waited until he was loaded into the ambulance. The paramedics cited the EXACT SAME REASON as the defense for not engaging in life saving measures on the scene: the increasingly hostile crowd. Secondly, the officers called the ambulance several minutes in advance.

Thirdly, what constitutes 2nd degree homicide? Well this was officially in response to the 3rd degree charge if the journalist roaches aren't lying. I don't remember the jurors saying 3rd degree homicide, but if it was just the 3rd degree homicide charge that they used this justification for how did they arrive at guilty on 2nd degree homicide?

My understanding of 2nd degree murder is that it is unintentional while committing a felony. So the officers didn't have to have had intent to kill Floyd, but they were committing a felony in their restraint of him (they were committing assault). Furthermore, as the defense lawyer pointed out in the closing statements, the death needs to be a natural consequence of the act.

If Floyd died of suffocation because his airways couldn't function or his arteries were blocked leading to blood-oxygen deprivation to his brain, that is a natural consequence of the act.

It is my understanding that if Floyd died of a heart attack, it is not a natural consequence of the act since he was resisting arrest, the manner of that restraint was not directly causing a heart attack and he had prior health issues that made him prone to heart attack to no fault of the officers.

That's ALL YOU NEED. You need to prove the restraint was a felony assault AND the cause of death was asphyxiation as a result of the police restraint (and not the fentanyl overdose he had).

So whether or not he applied first aid to the victim is immaterial to this decision making. Either the above two things were proven beyond reasonable doubt or they weren't! The idea that a person who fails to administer first aid is guilty of any homicide charge is bogus.

Kind of like that bystander thing in the last Seinfeld episode. Yeah, he was an officer and probably had a professional duty to administer first aid. But EVEN IF a police officer is guilty on some level for not administering first aid, it would be manslaughter (or negligence) which they already convicted him of!

Also that jury was playing pretend they were taking it seriously when that other juror previously came out and said 11 were onboard for a guilty verdict within 20 minutes. 4-5 hold outs, for what, 20 minutes?

Last Edited by GooPile on 11/01/2021 07:25 AM

Also liked the soundbite they showed before the interview of a jurist saying: (paraphrase) "systemic racism is what got us here". Sure did. 12 Angry Progressives with predefined agendas who worked their way onto the jury, at least one of whom lied and got away with it. You can't make a movie with the kinds of villainy progressives are responsible for here. How would they like this kind of treatment? I sure hope they are the ones on the other end of it someday, not me.

Last Edited by GooPile on 11/01/2021 07:31 AM

22,5 years for doing his job. after he was asked to come there. because a junky died. after trying to steal from a store by committing fraud.

in the netherlands youd have to evade taxes to get a crazy sentence like this.. let alone as a cop
people literally killed top politicians here and got much less

Derek Chauvin pleads guilty in George Floyd civil rights case

Chauvin, 45, is serving a state sentence of more than 22 years for murdering Mr Floyd, a 46-year-old black man.

On Wednesday, he reversed an earlier not guilty plea on the federal charges as part of a deal with US prosecutors.

The agreement means he will not face trial in January.

[link to www.bbc.com (secure)]