MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #2

[K_Z]

Later in the day, Lt. Bob Kroll, president of the Police Officers Federation of Minneapolis, said that grand jury subpoenas are being issued to officers.

Officers will "fully cooperate" in the grand jury process, Kroll said in a statement. "Unfortunately, the Federation cannot answer the obvious question the media is asking: How can County Attorney Freeman retain charging authority while simultaneously submitting the case to a grand jury? Only Mr. Freeman can answer this."

Asked if he knew how many officers have received subpoenas, Kroll said he didn't know how many had been served but heard that 35 to 40 were going out.

https://www.mprnews.org/story/2018/...szczyk-grand-jury-police-shooting-minneapolis

BBM

35 to 40 subpoenas? Presumably lots and lots of co-workers of Noor, since Kroll is commenting.

So is the GJ process becoming a substitute investigation for whatever weaknesses Freeman perceived in the investigation?

Grand juries, explained

What cases are sent to a grand jury?
In Minnesota, charges that carry the state's harshest sentence — life imprisonment; there's no death penalty in the state — always go to a grand jury. Included among those charges are first-degree murder and certain sex offenses. For other suspected crimes, it is up to a prosecutor's discretion whether to convene a grand jury.

The question of how — and whether — to prosecute law enforcement officers who take a life has made its way to the forefront of discussion in the wake of police killings.

In the case of the officer who killed Michael Brown in Ferguson, Mo., a grand jury returned a "no-bill" decision. Activists were upset, and cries against the use of grand juries have persisted. In 2016, when he declined to bring charges against two Minneapolis officers in the shooting death of Jamar Clark, Hennepin County Attorney Mike Freeman said his office would no longer send police-involved shooting cases to grand juries, something Hennepin County prosecutors have done for decades.

But it's important to keep in mind that there's no legal imperative to bring a fatal police shooting case to a grand jury — it's a prosecutor's choice, and there are lots of reasons a prosecutor might decide to do so.

A prosecutor might toss a case to a grand jury, for instance, for political cover, said Brad Colbert, a professor at the Mitchell Hamline School of Law. "Then the prosecutor doesn't have to a say 'I charged it or I didn't charge it,' but rather sent a case to a jury of peers." A prosecutor might also choose to call a grand jury because he or she sees it as a way to democratize the justice system.

https://www.mprnews.org/story/2018/01/24/grand-jury-explain

Marsh Halberg, a criminal defense attorney who is not connected to this case, said it could give Freeman a strategic advantage by requiring witnesses to testify under oath and lock down witness testimony in advance of a possible trial. Still, Halberg said, it's unclear whether a grand jury can be used strictly for investigative purposes on the state level, and it's not something he has seen in his 40-year career.

Halberg said Freeman could be using the grand jury as "a tactical reason to get evidence from people who are maybe refusing to testify."

https://www.msn.com/en-us/news/us/g...ing-of-australian-woman/ar-AAv7UXZ?li=BBnbcA1

 

[CoolJ]

https://www.mprnews.org/story/2018/...szczyk-grand-jury-police-shooting-minneapolis

BBM

35 to 40 subpoenas? Presumably lots and lots of co-workers of Noor, since Kroll is commenting.

So is the GJ process becoming a substitute investigation for whatever weaknesses Freeman perceived in the investigation?



https://www.mprnews.org/story/2018/01/24/grand-jury-explain



https://www.msn.com/en-us/news/us/g...ing-of-australian-woman/ar-AAv7UXZ?li=BBnbcA1

YES. IMO, the grand jury is being used to investigate the murder. The investigation by the state seemed to focus only on the victim and if she deserved to be murdered or not.

 

[grammieto5]

If there were only two officers’ in that alley with Justine why are 35-40 subpoenas being sent out? I would really like to know whose being subpoenaed.

 

[K_Z]

Well, I have some thoughts and ideas about what the subpoenaed officers may be asked.

We know that officers have been subpoenaed. Bob Kroll is the police officer’s union president, and he is the one who floated the numbers of 35-40 subpoenaed, so it is logical that most (if not all) of those 35-40 are LEOs represented by the union.

My speculation is that the officers will be questioned about their professional and personal interactions with Mohammed Noor. For example, what kind of words, actions, and behaviors he typically presented on the job. Was he a model officer, was he a team player? Did he typically follow proper procedures? How did he get along inter personally with other officers? Did he demonstrate good working knowledge of proper procedures? Did Noor have a reputation for precision and detail, or was he careless and sloppy, or somewhere in the middle?

How did he get along with other officers he was partnered with on partol? Were there any complaints, formal or informal, about his conduct or behavior among his peers? Was he well respected? Was he affable, engaged with his fellow officers, or was he more standoffish? Did he communicate in a timely and clear fashion verbally while on the job or on patrol? Did his fellow officers trust him and his judgement?

Did Noor file complaints at work, and if so, what were the complaints about? Did he verbally complain about work related issues, or other co workers?

We know Noor was fast tracked into his LEO job in a special program—how do other officers perceive that program, and Noor’s performance, compared to the standard training/ hiring process? Did any other officers ever see or experience any conduct or behavior by Noor that was questionable, or worrisome? Did/ would other officers feel comfortable professionally criticizing Noor, or reporting something formally, if they observed something incorrect or worrisome?

We have to remember that Noor was singled out for this special fast track hiring program, AND was also specifically lauded for his hiring (not performance) because of his race and ethnicity, by the Mayor and other city administrative officials. That could be a good thing, promoting pride and camaraderie, or it could breed resentment and intimidation in the ranks if it was felt that aspects of his performance were questionable. This is especially important if other officers perceived that Noor was “special and favored” and could not be criticized if his performance was inappropriate or worrisome. That could have a chilling effect on unit safety and morale, which is important to explore in these circumstances of Justine’s shooting. (And most importantly, because Noor shooting Justine Damond directly led to the rapid firing of police chief Janae Harteau. And the mayor who fired Harteau, Betsy Hodges failed to be re-elected.)

Did Noor seem to be under any undue personal or professional stress lately preceding the shooting? Had his behavior or personality changed abruptly? We know he was divorced, which is rare among his Somali ethnicity—how long ago did the divorce and family stress precede his becoming a LEO, and the shooting?

How did Noor act, and what did he say in the hours, days, and weeks after the shooting?

These are the types of things I think that his co-workers will be asked about under oath. And from what I'm reading, I think Freeman is using the "cover" of the GJ to encourage the officers to talk, when they may have been reluctant to talk to the BCA investigators without those protections.

The fact that Kroll says 35-40 subpoenas are expected says to me that there is some fairly serious undercurrent of "something" that Freeman has some knowledge of that he wants to explore in a lot more detail, and on the record, than the BCA did.

I also find it pretty interesting that neither Kroll, nor any of Noor's co-workers, have made ANY statements of public support for him. No one even is willing to say Noor is a "nice guy". The only one that has said anything remotely positive about Noor publicly is his lawyer. Kroll is typically the first one out of the gate supporting his LEOs with public statements. So that really makes me wonder about how Noor was performing and fitting in at his workplace. It's very odd that no one is standing up for him, or saying he loved his job, or was a hard worker, etc. The silence is deafening. It's like the entire department and union have essentially turned their backs on Noor, IMO.

 

[PrairieWind]

This is a bit perplexing. I personally had believed that the prosecutor was just dragging his feet because as a political figure, he was receiving pressure to not charge Noor. And that could still be true. However, it maybe that he indeed does feel that the investigation was lacking. Now, can a grand jury be used by a prosecutor to investigate a crime? Sure. Is it proper to use one solely for that purpose? I'm not sure. I don't see anything legally that prevents it, though it could be ethically questionable. Regardless, this investigation certainly is starting to appear to be driven more by politics than justice.

 

[PrairieWind]

KZ, I think you raise a lot of good points. It maybe that some officers would probably like to talk, but are reluctant. Freeman solves this problem for them by convening a grand jury and issuing subpoenas to force them to talk. If that is the case, it shows the pressure out there to not blame this on Noor. Where is that pressure coming from?

 

[grammieto5]

I wonder if the one responsible for ending Justine’s life be subpoenaed. Or does he still have the right to not answer questions?

 

[Bohemian]

From an Australian:

Just speculation but I have strange feeling that this GJ will say something about the culture and working conditions of the local police force. Don’t ask me why but I think Officer Noor may be suffering from PTSDC-PTSD. I will be interested to hear how many incidents, and how recently, he exprrienced life-threatening situation(s).

Iforget, but was Officer Noor born in the US or Somalia? If Somalia, during time of civil unrest/war, and/or as result of integrating into a ‘foreign’ community. he may have experienced complex trauma, or indeed, the trauma may be generational.

He may then have been hypervigilant and startled when Justine banged on the hood of the vehicle or due to the noise of the fireworks. I don’t think Justine was a shrinking violet when it came to protecting our most vulnerable either. Assertiveness can often be mistaken for aggression.

I’m not condoning his actions but police officers are human beings too, with all of our species’ shared vulnerabilities. Whatever the outcome, transparency and accountability and empathy in this matter is important. Rumours grow legs in the absence of the release and scrutinisation of factual information.

Vale Justine x Prayers of strength and comfort for her family and friends during this difficult time. Also, for the brothers and sisters in blue, their families and friends.

i think the GJ will be a blood-letting of sorts. I hope that after the pain,there will be a path to healing for all concerned.

 

[PrairieWind]

All we will hear from the GJ is charges or no charges, if we hear anything at all.

 

[PrairieWind]

I wonder if the one responsible for ending Justine’s life be subpoenaed. Or does he still have the right to not answer questions?

Yes, Noor can be called to testify before the grand jury and he cannot have his attorney present.

 

[sumzero]

The Fifth Amendment gives Noor the right not to testify. He cannot be compelled.

 

[Bohemian]

If Officer Noor is not charged irt to shooting of Justine, surely it would be in the interest of transparency to make at least redacted GJ documents public? I’m sorry for my ignorance wrt the American legal system. In a case such as this in Australia, a Coronial investigation or inquest would be held (eg; State Coroner's Court of New South Wales):

http://www.coroners.justice.nsw.gov.au/

 

[K_Z]

County Attorney Mike Freeman has committed in a recent past high profile officer involved shooting, to making an unprecedented amount of evidence available to the public. Freeman did this on his official website literally moments after his announcement that charges would not be filed in the Jamar Clark case-- an investigation that IIRC went 4+ months before he made his decision.

Here is a link to Freeman's county attorney website, to demonstrate the sheer volume of evidence he made available to the public right away after his decision was made not to bring charges. (However, if he had charged the officers, he had said the evidence would be made available to the public at the conclusion of the trial.)

https://www.hennepinattorney.org/news/news/2016/March/jamar-clark-decision

Given the amount of attention this case has attracted, in conjunction with the forced resignation of the police chief, I have every confidence that once the decision is made to charge Noor, or not, Freeman will release the Justine Damond evidence similarly to the Jamar Clark case. (Meaning, right away if no charges, and at the conclusion of a trial if he brings charges.) Freeman hasn't explicitly said he'd release all the Damond evidence, but given his past words and actions, I feel he would want to demonstrate similar transparency to the public in this case.

 

[K_Z]

I forget, but was Officer Noor born in the US or Somalia?

(Snipped for focus.)

This is what we know about Noor's background, from MSM. He had been on the force 21 months at the time of the shooting. (BBM)

Noor came to the United States at a young age, his lawyer, Tom Plunkett, said in a statement Monday.

He graduated from Augsburg College in Minneapolis with a degree in economics and business administration. Before joining the department, he worked in property management of commercial and residential buildings, according to the department.

Noor joined the Minneapolis Police Department in March 2015, a city official said. After completing field training in 2016, he became the first Somali-American assigned to the Fifth Precinct, which covers Southwest Minneapolis. Hundreds of people attended a May 2016 meet-and-greet to introduce him to the community.

Department records indicate he had three complaints filed against him, the details of which are not public. One was closed without any disciplinary action and two are still open.

Noor has a seven-year-old child, according to court documents.

https://www.cnn.com/2017/07/18/us/mohamed-noor-minneapolis-police/index.html

The statement said Noor came to the U.S. at a young age. He joined the department in March 2015, CBS Minnesota reports, where he was the first Somali-American officer to serve in the department's fifth precinct team. The officer worked the "middle watch" evening shift is among nine Somali officers on the force, reports the Minneapolis Star Tribune. The 32-year-old is among more Somalis hired in recent years as the department continues its efforts to diversify.

To those in Minnesota's Somali community, the largest in the United States, he was seen as role model, and his hiring was celebrated.

"There is a shock that is happening that a Somali police officer shot and killed a woman in Minneapolis," Mohamud Noor, executive director of the Confederation of the Somali Community in Minnesota, told CBS Minnesota.

Mohamud Noor, who is not related to the officer, said "everyone was excited" when he joined the force.

Records from the city's Office of Police Conduct Review reveal some details about Noor's background. They show that Noor has had three complaints against him. Two are pending, and the third was dismissed without discipline. Under state law, details of open cases and cases that result in no discipline are not released.

The officer was also sued earlier this year after a May 25 incident in which he and other officers took a woman to the hospital for an apparent mental health crisis. The lawsuit claims Noor and the other officers violated the woman's rights when they entered her home without permission and Noor grabbed her wrist and upper arm. Noor relaxed his grip when the woman said she had a previous shoulder injury, the lawsuit says.

According to the Star Tribune, Officer Mohamed Noor holds a degree in business administration, management and economics from Augsburg College. He reportedly worked in commercial and residential property management in Minneapolis and St. Louis and was also the general manager of an Eden Prairie hotel.

Divorce documents filed in December and obtained by the Star Tribune describe Noor as a caring, involved father who was at times struggled with the demands of his job. His mother often watched Noor's son while he worked, the paper reports. The family spoke Somali at home, but Noor reportedly insisted his son's first language be English.

Noor also battled for custody of his son, born in 2010. According to family court records, Noor and his son's mother met in college and never legally married. They split up when the boy was 3, but the two continued to share responsibilities and -- as best they could -- time.

Noor's job as a police officer did not give him a consistent work schedule, but he said in court documents that he made every effort to be with his son when he wasn't working. In 2015, the boy's mother tried to take him to New Jersey, and the legal battle over custody intensified. Noor said in an affidavit that his son was important to him and he did not want the boy to move.

An evaluator in the case observed Noor had a warm, loving relationship with his son and was patient as the two built Legos together. The evaluator said Noor never raised his voice and that his "even keel and calm demeanor may have ultimately been responsible" for calming the agitated child down, reports the Star Tribune.

In the end, the court sided with Noor, determining it was in the boy's best interest to be in Minnesota, where he had spent his whole life and was surrounded by extended family and the larger Somali community.

https://www.cbsnews.com/news/who-is...s-officer-accused-in-justine-damond-shooting/

 

[Bohemian]

(Snipped for focus.)

This is what we know about Noor's background, from MSM. He had been on the force 21 months at the time of the shooting. (BBM)

https://www.cnn.com/2017/07/18/us/mohamed-noor-minneapolis-police/index.html

https://www.cbsnews.com/news/who-is...s-officer-accused-in-justine-damond-shooting/

Thank you. His life experiences speak volumes, if you read between the lines.

 

[K_Z]

In the case of Justine Damond’s death, what is the county attorney doing?

Apparently disappointed with either the outcome or the way the Minnesota Bureau of Criminal Apprehension conducted its probe into the Damond shooting, Freeman has convened a grand jury to look into the incident. Dozens of Minneapolis police officers and others connected in some manner to the seven-months-long investigation have been subpoenaed to testify.

That could include Noor, who, as is his right, has not made any statements to investigators and more than likely will invoke the Fifth Amendment if he is compelled to testify before the grand jury.

On the surface, the grand jury move appears to be a slap in the face to BCA investigators, who wrapped up their probe and handed it over to Freeman’s office nearly five months ago.

“Whatever good relationship they had with Mike’s office is now down the tubes,” said a law enforcement source familiar with the probe who requested anonymity because the person is not authorized to speak publicly.

He said Freeman’s decision has the family’s full support, given reports that some police officers, ranging from supervisors to training officers and others, have declined to cooperate or meet with prosecutors.

“We have, what, 35 Minneapolis police officers who have been unwilling to make statements to the BCA and Hennepin County investigators to the point that they are now being compelled to testify through the use of a special grand jury?” Bennett said. “It’s unheard of. The BCA told the family that it would conduct a thorough and rigorous investigation. And the Hennepin County attorney stepped in when the BCA left the investigation undone.

Now, how Freeman will conduct that grand jury is open to speculation. He could strictly use it as an investigative tool to compel witness testimony, or even grant immunity if needed to a reluctant witness. He could ask it to render a decision, one that he could accept or reject. But the grand jury is an independent body and could decide regardless of Freeman’s wishes to indict Noor or not.

https://www.twincities.com/2018/01/...onds-death-what-is-the-county-attorney-doing/

 

[grammieto5]

So if Noor can use the Fifth Amendment to not answer any questions can the others called also use the Fifth Amendment to not answer questions? And why would anyone other than the two officers in that alley when Justine was murdered need immunity?

 

[Tippy Lynn]

So if Noor can use the Fifth Amendment to not answer any questions can the others called also use the Fifth Amendment to not answer questions? And why would anyone other than the two officers in that alley when Justine was murdered need immunity?

Everyone is entitled to exercise their Fifth Amendment right. Without knowing all the details it’s hard to say who would need immunity. Perhaps there was a witness on probation and breaking the terms of their probation at the time of the incident and they don’t want to be implicated for it.

 

[grammieto5]

OH! That makes sense. And wasn't there a witness, somebody was walking/running by, or on a bike? Or did that turn out to not be true? I will need to go back read at the beginning.

 

[jjenny]

OH! That makes sense. And wasn't there a witness, somebody was walking/running by, or on a bike? Or did that turn out to not be true? I will need to go back read at the beginning.

Yes, there was a witness.