Chauvin prosecutors have answered one big question

By “either/or,” I mean the assumption that Floyd’s death has to have been caused either (1) by the unduly harsh police manner of restraint over a period of nine-and-a-half minutes, as the state contends; or (2) by Floyd’s array of medical issues — drug abuse, heart problems, significant arterial occlusion, respiratory compromise due to COVID-19, etc. — as Chauvin’s counsel, Eric Nelson, counters. “Either/or” is simply the wrong way to look at the case. In the criminal law, a defendant is deemed to have caused a person’s death if his actions were a substantial factor in bringing it about. For a jury to convict, there is no requirement that it find the defendant’s actions were the exclusive cause of death. If an accused’s behavior was a material contribution to the person’s demise, then the accused can be found to have caused death, even if there were other intervening or contributing factors.