The DOJ under Biden opposes a court decision that would allow Derek Chauvin to examine George Floyd's heart.

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In Minnesota, federal prosecutors are requesting a judge to reevaluate his decision to permit former Minneapolis police officer Derek Chauvin to reassess George Floyd's heart as part of an appeal following his conviction for infringing on Floyd's civil rights.

On Monday, Judge Paul Magnuson granted permission to Chauvin's lawyers to examine Floyd's heart tissue, histology slides, heart photographs, and bodily fluid samples as they explore the possibility that Floyd's death was caused by a heart condition rather than Chauvin's actions.

In a 10-page motion to reconsider filed Tuesday, the U.S. Attorney's Office for the District of Minnesota contended that Chauvin lacked any legal grounds for his discovery requests, which were solely based on an email he received from an unverified doctor offering a weaker version of the medical defense that the jury had previously rejected at his state trial.

The prosecution argued that Chauvin's assertion that he had ineffective counsel at trial was unfounded, stating that his original defense team's decision not to examine Floyd's heart was a "strategic decision that courts have recognized as 'virtually unchallengeable.'"

Although Magnuson stated that the evidence would aid Chauvin's defense in examining information from Dr. William Schaetzel, who contacted Chauvin's original trial lawyer, Eric Nelson, and maintained that Floyd's death was caused by a particular type of heart attack.

Nelson's legal team stated that he never informed his client about the doctor's theory, hence, no testing was conducted to verify it.

On Monday, Magnuson ruled that there is good cause to allow Mr. Chauvin to take the discovery he seeks, given the significant nature of the criminal case he was convicted of and the potential impact it could have on Dr. Schaetzel's opinion of Mr. Floyd's death.

Read the government's filing

According to Planet Chronicle Digital, experts stated that Chauvin's defense is entitled to the materials, regardless of whether they aid him in winning on appeal or not.

"Just like any other defendant, Chauvin should have been given the chance to exhaust all his appeals, according to David Gelman, a Philadelphia-area criminal defense attorney and former prosecutor. Had this been any other case, the Justice Department wouldn't have objected."

In addition to federal murder charges, Chauvin was also found guilty of state murder for the death of Floyd on Memorial Day in 2020, during which he was seen on video kneeling on the man's neck for over nine minutes, resulting in nationwide protests.

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Nelson did not immediately respond to a request for comment.

In a federal prison, another inmate attacked Chauvin 22 times after his conviction, allegedly inspired by the Black Lives Matter movement, which gained momentum after Floyd's death and has faced criticism for violent protests across the country.

Floyd was arrested by one of four officers after allegedly using a fake $20 bill at a coffee shop and refusing to cooperate with police.

Last year, the Supreme Court rejected Chauvin's appeal of his state murder charges.