Prosecutors urge rejection of ex-cop’s bid to dismiss civil rights conviction in George Floyd murder

Jan 12, 2024, 5:44 PM

MINNEAPOLIS (AP) — Federal prosecutors urged a judge Friday to reject former Minneapolis police Officer Derek Chauvin’s attempt to overturn his civil rights conviction in the 2020 murder of George Floyd.

Chauvin filed his motion in federal court in November, saying new evidence shows that he didn’t cause Floyd’s death, and alleging ineffective counsel by his defense lawyer. He said he never would have pleaded guilty to the charge in 2021 if his attorney had told him about the idea of two doctors, who weren’t involved in the case, who theorized that Floyd did not die from Chauvin’s actions, but from complications of a rare tumor.

Floyd, who was Black, died on May 25, 2020, after Chauvin, who is white, kneeled on his neck for 9 1/2 minutes on the street outside a convenience store where Floyd tried to pass a counterfeit $20 bill. A bystander video captured Floyd’s fading cries of “I can’t breathe.” Floyd’s death touched off protests worldwide, some of which turned violent, and forced a national reckoning with police brutality and racism.

Chauvin asked U.S. District Judge Paul Magnuson, who presided over the federal case, to throw out his conviction and order a new trial, or at least an evidentiary hearing. Chauvin filed the motion from prison without a lawyer.

In a response filed Friday, lawyers from the U.S. Attorney’s Office for Minnesota and the Justice Department’s Civil Rights Division urged Magnuson to deny the request without a hearing.

They pointed out that Chauvin knowingly and voluntarily waived his appeal rights when he changed his plea to guilty. And they said he failed to show that his attorney’s performance was deficient, even if the outside doctors had contacted him and even if the attorney did not tell Chauvin. They said the evidence proved that Chauvin caused Floyd’s death.

“The claims Defendant argues that counsel failed to raise are baseless, and counsel cannot be ineffective for failing to raise baseless claims,” they wrote.

The U.S. Supreme Court rejected Chauvin’s appeal of his state murder conviction in November, a few days after Chauvin filed his motion to overturn his federal conviction. He is recovering from being stabbed 22 times by a fellow inmate at the federal prison in Tucson, Arizona, in late November. He is serving his 20-year federal civil rights and 22 1/2-year state murder sentences concurrently.

United States News

A calendar shows the month of February, including leap day, Feb. 29, on Friday, Feb. 23, 2024, in S...

Associated Press

Have a look at the whos, whats and whens of leap year through time

NEW YORK (AP) — Leap year. It’s a delight for the calendar and math nerds among us. So how did it all begin and why? Have a look at some of the numbers, history and lore behind the (not quite) every four year phenom that adds a 29th day to February. BY THE NUMBERS The […]

6 hours ago

FILE - Bridgeport Mayor Joe Ganim greets supporters outside Central High School on the day of the r...

Associated Press

Fatigue and frustration as final do-over mayoral election looms in Connecticut’s largest city

BRIDGEPORT, Conn. (AP) — It’s been nearly four months since a judge tossed out the results of a Democratic mayoral primary in Connecticut’s largest city due to allegations of ballot stuffing, sending voters repeatedly back to the polls and thrusting Bridgeport into an unflattering national spotlight. Many frustrated local voters say they just want it […]

6 hours ago

Homes are seen on Thursday, Feb. 22, 2024, in the southwest Portland, Ore., suburb of Beaverton. Th...

Associated Press

A housing shortage is testing Oregon’s pioneering land use law. Lawmakers are poised to tweak it

PORTLAND, Ore. (AP) — A severe lack of affordable housing has prompted Oregon lawmakers to consider chipping away at a 1970s law that made the state a national leader in leveraging land use policy to prevent suburban sprawl and conserve nature and agriculture. The so-called urban growth boundary, a sacred cow of Oregon’s liberal politics, […]

6 hours ago

Republican presidential candidate former President Donald Trump hugs and kisses the American flag a...

Associated Press

Trump calls himself a ‘proud political dissident’ in CPAC speech

In a CPAC speech, Trump painted an apocalyptic vision of the future if President Joe Biden wins again as the two prepare for a rematch.

10 hours ago

Republican presidential candidate former President Donald Trump gestures to the audience after spea...

Associated Press

Donald Trump wins South Carolina GOP primary, beating Nikki Haley in her home state

Trump has now swept every contest that counted for Republican delegates, with wins already in Iowa, New Hampshire and Nevada.

11 hours ago

Associated Press

Why AP called South Carolina for Trump: Race call explained

WASHINGTON (AP) — The Associated Press declared Donald Trump the winner of the South Carolina primary as soon as polls closed on Saturday. The race call was based on a comprehensive survey of South Carolina Republican primary voters that showed him defeating Nikki Haley by wide margins in her home state. Declaring a winner as […]

11 hours ago

Sponsored Articles


Midwestern University

Midwestern University Clinics: transforming health care in the valley

Midwestern University, long a fixture of comprehensive health care education in the West Valley, is also a recognized leader in community health care.


Collins Comfort Masters

Here’s 1 way to ensure your family is drinking safe water

Water is maybe one of the most important resources in our lives, and especially if you have kids, you want them to have access to safe water.

(KTAR News Graphic)...

Boys & Girls Clubs

KTAR launches online holiday auction benefitting Boys & Girls Clubs of the Valley

KTAR is teaming up with The Boys & Girls Clubs of the Valley for a holiday auction benefitting thousands of Valley kids.

Prosecutors urge rejection of ex-cop’s bid to dismiss civil rights conviction in George Floyd murder