The Hennepin County Medical examiner wrote that Floyd had fatal levels of fentanyl in his system. More than 3 times the level that could be certified as an overdose. That's not "some internet Dr's theory".
The "I can't breathe" stuff is B.S. He was shouting that sitting in the back of the squad car before Chauvin touched him. First responders will tell you (I'm married to one) people who truly cannot breathe are not able to shout or speak "I can't breathe". A basic knowledge of how we speak tells you that air must be inhaled and expelled past the vocal chords for someone to vocalize anything with any volume.
What is common is for people who are having a panic attack, feeling chest tightness, a heart attack or yes...feeling the onset of a drug overdose (like one would after ingesting fentanyl) to say they "can't breathe". She's been in the field 20+ years and has seen it more times than you or I can count.
Chauvin may have been guilty of not getting him medical assistance more promptly (though the HCMC ambulance was also part of the problem as they went to an address around the corner delaying their response) but he did not murder Floyd.
You're right, it's not, but the basis of the motion
is as i understand the current situation. And honestly, in situations where you're trying to assert some new defense, you usually need a good reason you didn't explore it initially (eg, DnA testing was refined enough at the time of the trial, etc., and not simply a tactical decision of trial counsel). He argued that, the government objected, the judge ruled to the contrary, and the government asked the judge to reconsider. this is all very normal trial process. FWiW, I don't have a view whether the judge should or should not have granted the original motion, and I don't get too worked up when defendants are given another bite at the apple because i want guilty only people to be convicted fairly, and I don't get too worked up when the goverment defends a conviction it obtained. But either way, they usually don't grant reconsideration motions unless a party explains how they really shit the bed, so Chauvin will likely have his opportunity, which again, is fine.
but it's not a reason to try to turn a routine, mundane post-trial motion response into a cause celebre.
I totally get the idea that Floyd was a formidable guy, both in the ordinary course and resulting from the chemicals. But he died, 100% dead, following an officer's intervention, and officers are held to a certain standard (which, frankly, is pretty protective of them). At the end of the day, whether an officer's intervention was justified ab initio or in its scope and met that standard is a factual question for the jury. You and I might not like their decision, but it was their decision to make and their decision that mattered.
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