50 MPD officers declare restraint Derek Chauvin used on George Floyd was part of training: petition

The defense attorneys for Derek Chauvin have filed a new petition that challenges the murder conviction that sent Chauvin to prison over George Floyd's death. The petition also included over 50 former as well as current officers who made sworn declarations that the technique Chauvin used to restrain George Floyd was part of the training that was given to Minneapolis Police Department (MPD) police officers.

The 71-page petition was sent to Hennepin County District Court, where Attorney Greg Joseph stated that “this case simply never made sense." He made a number of arguments against the conviction that sent Chauvin to prison. He argued that murders rarely “take place before a crowd of witnesses” while other officers are helping to detain a criminal and call for medical attention. He also pointed to the key components of what constitutes murder, namely intent as well as cause of death.

The petition also references 34 former and current and former MDP officers who previously issued sworn declarations that the restraint that Chauvin used was part of police training. The petition also included 23 more who came forward.

Floyd never showed any signs of damage to his trachea as well as the area of his throat, which is common in asphyxiation. "The State alleged that Chauvin killed Floyd by asphyxiating him while he was on the ground being restrained and charged him with three offenses: Second Degree Unintentional Murder," the petition states.

Chauvin was convicted on the murder charge as well as others and was "sentenced on the top count of Second Degree Murder on June 25, 2021 to 270 months’ incarceration, an upward departure from guidelines."

"Five years removed, this case simply never made sense. None of the officers here, including Chauvin, appeared to realize that a criminal act had been committed at all. Few murders take place before a crowd of witnesses while talking with emergency personnel over a police radio. But what truly set this case apart was that in most cases, the opposing sides argue about the facts, and whether there is room for reasonable doubt," it added.

The medical examiner who examined Floyd's body had not looked at the viral video where it appeared to show Chauvin on Floyd's neck. When Hennepin County Chief Medical Examiner Dr. Andrew Baker did the examination the first time, he "found no medical evidence on May 26th supporting the conclusion that Floyd died of asphyxiation."

The autopsy, instead, said that Floyd died of severe heart disease, and Baker had told the jury "that he had certified deaths due to atherosclerotic cardiovascular disease under similar conditions."

Joseph went on to explain in the petition that the prosecution in the case relied heavily on “video and still frames” to tell “a single story." The stat also brought in medical witnesses that the petition argued did not use the methods used by Baker as the medical examiner.

Joseph further stated in the petition, “The State knew all of this, and the only logical reason to bring in additional experts to contradict these findings is because prosecutors knew that Baker’s findings alone would not get them beyond the reasonable doubt they needed to convict Chauvin.”

He further argued that the prosecutors appeared to use a strategy “to replace the jury as finders of fact, use the video to inflame their prejudices, and fill in causation despite the lack of proof. This meant discrediting the medical examiner. So, Baker was called to testify fifth among causation witnesses.”