Fact Check: Tucker Carlson Says New Evidence Clears Derek Chauvin of Murder

Conservative pundit Tucker Carlson has claimed this week that new court papers show George Floyd was not murdered in May 2020 by then police officer Derek Chauvin.

Former Minneapolis police officer Chauvin, who is white, was found guilty in April 2021 of second-degree unintentional murder, third-degree murder, and second-degree manslaughter in the death of George Floyd, who was Black.

In a new clip on X, formerly Twitter, on Friday, Carlson alleged a recent court deposition, had proven Chauvin had not murdered Floyd.

However, as Newsweek has found, Carlson's analysis bears some examination.

Tucker Carlson
Tucker Carlson speaks at a conference on July 15, 2023 in West Palm Beach, Florida. Carlson alleged on his show on X, formerly Twitter, that new court documents showed that George Floyd was not murdered... Joe Raedle/Getty Images

The Claim

In a video clip posted on X, formerly Twitter, by Tucker Carlson's account on October 20, 2023, and since viewed more than 21 million times, Carlson said that Floyd was not murdered by Chauvin.

Carlson said during the clip "...did he [Chauvin] actually murder George Floyd? And the answer is, well, no he didn't murder George Floyd.

"We're not guessing about that. We know it conclusively thanks to a new court case now underway in Hennepin County, Minnesota."

That refers to an ongoing lawsuit by Amy Sweasy Tamburino, a prosecutor in Hennepin County, where the Chauvin case was tried. Sweasy is suing the county over a legal settlement she reached with it in 2022. She had initially filed discrimination charges against the county.

Case files include a deposition from Sweasy in which she mentioned a conversation with the county's medical examiner, Dr. Andrew Baker, after he performed Floyd's autopsy.

In the Carlson clip, text attributed to Sweasy read: "I called Dr. Baker early that morning to tell him about the case and to ask him if he would perform the autopsy on Mr Floyd.

"He called me later in the day on that Tuesday and he told me that there were no medical findings that showed any injury to the vital structures of Mr. Floyd's neck.

"There were no medical indications of asphyxia or strangulation."

Carlson then said: "In other words, George Floyd, according to the official autopsy was not murdered." He added that Floyd died of "natural causes, which in his case would include decades of drug use, as well as the fatal concentration of fentanyl that was in his system on his final day."

"So this was not a killing. It was yet another narcotics OD [overdose]."

Carlson then went on to say that Hennepin County Medical Examiner Dr. Baker "clearly understood that and in fact articulated it."

Further text appeared on screen, again quoting Sweasy, stating that Dr. Baker told her "He said to me, 'Amy, what happens when the actual evidence doesn't match up with the public narrative that everyone's already decided on?...And then he said, ' This is the kind of case that ends careers.'"

The Facts

Carlson's claim contradicts the findings of the autopsy report, while the deposition adds no substantive support to the former Fox News host's argument.

The Hennepin County Medical Examiner's (HCME) autopsy did not record neck injuries, or other "life-threatening injuries;" however, the report concluded Floyd died from "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression."

The American Heart Association identifies cardiopulmonary arrest as the "abrupt loss of heart function in a person."

At trial, Chauvin's attorney Eric Nelson asked HCME medical examiner Baker whether labeling the death as a homicide "was a medical determination you made?" Baker replied: "Correct."

A lack of injury does not mean there was no asphyxia either. Dr. Gregory Davis, a medical advisor for Jefferson County, Alabama, told the Associated Press in June 2020 that bruising or damage to the neck "doesn't in any way mean that asphyxia didn't occur," only that there are no signs of it on the body.

What Sweasy Said in New Court Documents

The deposition that Carlson quotes does not advance the claim that Floyd was not murdered. Sweasy spoke to counsel for the defendants, as part of her lawsuit against the county, on August 21, 2023, available via Minnesota Court Records Online.

In her deposition, Sweasy recalled a conversation with Baker in June 2020, during which he allegedly said there were "no medical findings that showed any injury to the vital structures of Mr Floyd's Neck." Sweasy added that Baker said "'This is the kind of case that ends careers.'"

There is no other information about the context or detail of the conversation between Sweasy and Baker.

Newsweek has contacted Sweasy's attorneys via email for comment.

A representative for Hennepin County told Newsweek that "Dr. Baker cannot comment on statements made by other people in their depositions.

"He stands by the autopsy report and his televised testimony, both of which are publicly available." You can access that autopsy report here.

Medical Examiner's Conclusions on Floyd's Death

As stated, Baker concluded in Floyd's autopsy that he died from "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression," labeling his death a homicide.

Carlson's claim that Baker "understood" Floyd died of "natural causes" related to drug use, therefore, is wrong.

During Chauvin's trial, Baker told Chauvin's attorney that if Floyd had been found at home in his locked residence with no evidence of trauma, and the only autopsy finding was his fentanyl level "then yes I would certify his death is due to fentanyl toxicity," adding, "the interpretation of drug concentrations is very context-dependent."

However, just as the autopsy stated, Baker said it was his opinion that Floyd "experienced a cardiopulmonary arrest in the context of the law enforcement's subdual, restraint and neck compression."

"It was the stress of that interaction that tipped him over the edge given his underlying heart disease and his toxicological status."

Carlson was approached for comment via his X account on the morning of October 24. He has yet to respond to the points raised above.

The Ruling

False

False.

Tucker Carlson has not provided evidence showing George Floyd was not murdered by Chauvin.

A recently published deposition Carlson quotes, which mentioned an alleged conversation with a medical examiner who conducted Floyd's autopsy, provides no new information about Floyd's death.

The examiner, Dr. Andrew Baker, said in court that his death was labeled homicide caused by "cardiopulmonary arrest complicating law enforcement subdual, restraint, and neck compression."

A claim Carlson makes that Baker "understood" Floyd died of "natural causes" is false, as is Carlson's claim that Floyd's autopsy shows he was not killed by Chauvin.

FACT CHECK BY Newsweek's Fact Check team

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