I’m sure theres something I’m missing (either in calculations or in how these drugs interact with each other). But in case I’m not wrong, wouldn’t it be a bad idea for the defense to emphasize the Fentanyl if its not anywhere near the lethal dose?
Not in particular. The entire trial rests on Chauvin's team proving that he was acting according to procedure, and that he had no ill intent/indifference and did not put Floyd in a potentially risky position needlessly.
The actual death itself is likely going to be chopped up to a combination of causes: heart condition, drugs, adrenaline, etc + the knee on neck.
If he can prove knee on neck is procedure, then second degree murder charge goes away because Chauvin was not in the process of committing a felony and it can't be stretched as abnormal practice.
Third degree murder should still have been tossed out imo, but the thing that this hinges on is "depraved mind". Its also a stretch, but shouldn't really be used in cases involving cops doing their duty, because while they can fuckup, the gross indifference to human life thing is more akin to that pakistani carjacking and I just don't see that within this case. You also have similar precedents where it was tossed out as a charge vs cops within the same court, which is why the Judge tossed it out initially, but woke politics demanded it be added again.
Second degree unintentional manslaughter is similar to third degree murder, but it doesn't have to rely on a depraved mind/gross indifference to human life. It relies on putting someone else in a situation that has a significant and unreasonable risk to their life, and that situation resulting in their death. Its the only charge that I think would have a chance of sticking under normal circumstances, and also the one with the lowest jailtime. Will Chauvin be able to prove that the situation did not have unreasonable risk? No, I don't think he will. Argued it in another thread, but the position he placed Floyd in
could have contributed to his death, and thats what the prosecution will secure in their argument. That Chauvin should have taken his knee off of Floyd's neck once Floyd's breathing was getting significantly more shallow, and that's where the witnesses will come in, including the other cops testimony potentially. This doesn't rely on the procedure itself being criminal or wrong, but just that he continued with the procedure for too long when he should have switched to another one, thus engaging in unreasonable risk that
could have contributed to Floyd's death.