Former prosecutor challenges the case against Derek Chauvin in new book

Former federal prosecutor TJ Harker argues in his new book, American Scapegoat, that Derek Chauvin was wrongly blamed for George Floyd’s death. In an interview, Harker disputed the prosecution’s account of how Floyd died and questioned how evidence was handled. Chauvin was convicted of murder and manslaughter in 2021 and sentenced to more than 22 years in prison.

Harker said the circumstances leading up to Floyd’s arrest received too little attention during the intense media coverage. According to the defense, Floyd had used a counterfeit $20 bill at Cup Foods on May 25, 2020, then took drugs in a car with his former girlfriend, Shawanda Hill, and Morries Hall. Store employees called police.

Officers called for emergency medical help, but Harker said the ambulance and fire department were not dispatched until several minutes after officers requested them. He argued that the delay mattered because the officers expected trained medical personnel to arrive and were not equipped to provide advanced care themselves.

Floyd, who was 6 feet 4 inches tall, struggled as officers tried to place him in a squad car and said he could not breathe. Officers then brought him back outside. As they restrained him while waiting for medical help, a crowd gathered and began shouting at them.

Harker said the officers were trying to protect Floyd and themselves amid a hostile scene. He noted that five officers were present and argued that they used relatively limited force: they did not strike Floyd, use a Taser or pepper spray, or hit him with a baton.

Emergency medical workers eventually took Floyd to another location, a decision Harker said is sometimes made when a crowd is pressing in. By the time treatment began, Floyd had no pulse.

Hennepin County Medical Examiner Andrew Baker performed the autopsy. Harker described Baker as a highly experienced medical examiner and said that, within a day of Floyd’s death, Baker had told prosecutors he saw no evidence of asphyxiation.

Harker pointed to the absence of findings such as petechiae, bruising to the neck muscles or damage to the larynx. He argued that these findings undermined the prosecution’s theory that Chauvin’s knee caused Floyd’s death by restricting his breathing.

The medical examiner’s office, however, said it stands by the findings in the original investigation, including the cause and manner of death listed on Floyd’s death certificate and in the autopsy report.

Harker said prosecutors initially argued that Chauvin compressed Floyd’s carotid artery, restricting blood flow to the brain. He described a moment during trial when defense attorneys questioned eyewitness Donald Williams, an MMA specialist, about that theory. According to Harker, the questioning exposed a problem: Floyd had two carotid arteries, and the prosecution’s account focused on Chauvin’s left knee pressing against the right side of Floyd’s neck.

Harker said prosecutors later shifted their explanation to positional asphyxia, which he said they had previously rejected. He also criticized the prosecution for relying on expert witnesses whose opinions, in his view, conflicted with Baker’s findings.

Another major part of Harker’s argument concerns Floyd’s drug use. He said Floyd had overdosed in March 2020 after taking pills containing an opiate and a stimulant, and had spent five days in hospital. Harker argued that a person who stops using drugs can lose their tolerance, making a return to drug use more dangerous.

Harker also said partially dissolved pills containing methamphetamine and fentanyl, along with Floyd’s saliva and DNA, were later found in the back of the police squad car. The vehicle had been held by the Minnesota Bureau of Criminal Apprehension, and Chauvin’s attorney, Eric Nelson, sought to have it searched shortly before trial.

According to Harker, the evidence suggested Floyd may have taken fentanyl twice that day, including in the squad car. He said body-camera footage showed Floyd chewing pills and spitting out residue about five minutes before he died, a timing Harker connected to the period when fentanyl can cause its strongest respiratory effects.

Harker said pulmonologist Martin Tobin, a prosecution witness, testified that Floyd had taken fentanyl too early for it to explain his death. Harker added that Tobin was not aware that partially consumed pills had been found in the squad car. When asked how soon respiratory depression could peak if the pills had been in Floyd’s mouth around 8:18 p.m., Tobin said it would be about five minutes later, Harker recounted.

Harker also focused on a disputed phrase heard in body-camera footage. He said Floyd could be heard saying, “I ate too many drugs,” while on the ground. Harker claimed that Bureau of Criminal Apprehension agent James Reyerson initially agreed with that interpretation during cross-examination, but later testified that Floyd had said, “I ain’t do no drugs.”

Harker said the change came after a break in the proceedings and accused prosecutors of coaching the witness. That is Harker’s interpretation of the testimony; the Minnesota Department of Public Safety referred questions to the case file and court record, while the Bureau of Criminal Apprehension did not respond to a request for comment.

Harker argued that public pressure shaped the prosecution. He said the case turned Chauvin into a political scapegoat during the height of the Black Lives Matter movement, and contended that the trial gave legitimacy to a conclusion that had already taken hold in public debate.

Chauvin also pleaded guilty to federal civil rights charges in 2021. He is serving his sentence in federal prison in Texas and was stabbed by another inmate at a federal prison in Arizona in 2023, according to the article. Harker said a presidential pardon would apply only to the federal charges, not Chauvin’s state conviction. He said Chauvin would need relief at both levels or a new trial to be released.

Chauvin’s direct appeal rights have been exhausted, Harker said, and his attorney, Greg Joseph, has filed for post-conviction relief. Harker maintained that Floyd’s death was tragic but argued that it did not amount to a crime by Chauvin.

Harker acknowledged that defending Chauvin could bring personal and professional consequences. He said he was motivated by the example of soldiers who took far greater risks during the Normandy landings, and described his own decision to speak publicly as a comparatively small act.