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GUILTY MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #3

Discussion in 'Trials' started by Rocco, Jul 17, 2017.

  1. Rocco

    Rocco Well-Known Member

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    Woman was fatally shot through door of Minneapolis police car, sources say

    The woman called 911 to report a possible assault in the alley behind her home.

    'Three sources with knowledge of the incident said Sunday that two officers in one squad car, responding to the 911 call, pulled into the alley. Damond, in her pajamas, went to the driver’s side door and was talking to the driver. The officer in the passenger seat pulled his gun and shot Damond through the driver’s side door, sources said. No weapon was found at the scene.'

    The body cams weren't on and there is no recording of the incident.

    What the heck happened here????

    Thread #1
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    Last edited by a moderator: Apr 3, 2019
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  2. K_Z

    K_Z Verified Anesthetist

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    Ex-Minneapolis cop to go on trial April 1 in woman’s death

    Ex-Minneapolis police officer Mohamed Noor will stand trial in April for Justine Damond shooting
     
  3. K_Z

    K_Z Verified Anesthetist

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    Civil lawsuit is officially on hold till the conclusion of the criminal trial.

    Judge: Rusczyzk family's civil lawsuit on hold until Noor stands trial for Justine Damond shooting

    Civil suit on hold until after Noor trial

    Federal judge delays wrongful death lawsuit against ex-Minneapolis officer Noor until after criminal proceedings

    (*ETA-- I'm confused as to why the strike through feature keeps showing up-- I can't fix it.)
     
    Last edited: Oct 2, 2018
  4. Ellie1

    Ellie1 Well-Known Member

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  5. K_Z

    K_Z Verified Anesthetist

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    Prosecutors seek second-degree murder charge against fired Minneapolis officer Mohamed Noor


    New murder charge sought in Minneapolis officer’s killing of Justine Damond

    I think this addition of a *higher* charge is a very interesting development, and provides insight into the prosecutor's case. It certainly gives the future jury a variety of new "intent" issues they will now be compelled to consider.

    Typically, we see addition of *lower* charges when it appears that the prosecutor is worried about a jury acquitting on existing charges that might be perceived as over-reach. IMO, these higher charges signal a certain level of confidence on the part of the prosecutor-- but maybe a lawyer has a different take on that.

    Noor has not entered a formal plea to the lesser charges yet, but was widely expected to plead not guilty to the lower 3rd degree/ manslaughter charges by reason of self defense.

    Trial is scheduled for April 17, 2019.

    Added- also, IIRC, 2nd degree is not just "intent" to cause harm or kill, but also covers the kind of specific negligence that comes from a state of knowing, and "awareness", that a reckless or impulsive act could cause serious harm or death-- even if the original intent wasn't to cause death. (Example- a bar fight where someone punches another person in the face hard enough for the punchee to fall and strike their head, causing injury and death. The punch didn't specifically kill, or plan/ intend to kill, the victim, but the circumstances set in potion by the violence of the face punch produced death.)

    I think that will be a big source of discussion if the case is tried and makes it to a jury.
     
    Last edited: Dec 1, 2018
  6. ilovewings

    ilovewings Well-Known Member

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    Hi: i just saw this article and was coming here to post it: great minds and all of that
    This case has stayed with me--- one of the most senseless tragic cases of all time IMO.
    I am glad the prosecution is going full steam ahead on this one. I agree with the
    prosecutor, that officer had to know that was a kill shot: he was 6 feet or less from his target. Looking forward to the trial. i wonder if it will be streamed somewhere.
     
  7. Elley Mae

    Elley Mae The enemy is here. beware

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    Ex-Minneapolis cop ‘intended’ to kill Australian woman, prosecutors say as they seek new charge

    Ex-Minneapolis cop ‘intended’ to kill Australian woman, prosecutors say as they seek new charge

    "A person acts with the intent to kill not just when they have the purpose of causing death, but also when they believe that their act, if successful, will result in death," prosecutors wrote in a court filing. "As a trained police officer, the defendant was fully aware that such a shot would kill Ms. Ruszczyk, a result he clearly intended.”

    Noor already faces third-degree murder and manslaughter charges in the slaying. Prosecutors cited new evidence in seeking upgraded charges against Noor.
     
  8. K_Z

    K_Z Verified Anesthetist

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    Looking for the new amended charging document (with 2nd degree charges added) filed, but not having much luck.

    This is the original charging document:

    Criminal Complaint Against Mohamed Noor | Criminal Law | Justice

    Excerpts of amended complaint from msm:

    Prosecutors Ask To Add Intentional 2nd-Degree Murder Charge Against Mohamed Noor

    Prosecutors seek new murder charge against ex-Mpls. cop in Ruszczyk killing

    Prosecutors petition to add 2nd-degree murder charge against Noor

    This is an interesting observation from a former U.S. attorney not involved in the case:

    And from the Ruszczyk family attorney:

    Robert Bennett, the attorney for the Ruszczyk family, released the following statement. He stated the added charges can be a strategy to get a plea to the lower charges:

    BBM

    Prosecutors petition to add 2nd-degree murder charge against Noor
     
    Last edited: Dec 2, 2018
  9. Pi Thoughts

    Pi Thoughts Well-Known Member

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    The former policeman accused of killing Australian Justine Damond has had charges against him upgraded to include second degree intentional murder.

    Mohamed Noor, 33, will now go to trial in April on that charge on top of third degree murder and and second degree manslaughter in the shooting death of Justine Damond Ruszcyzk.

    A Hennepin County District Judge in the Minnesota capital granted prosecutors the additional charge against the former Minneapolis officer on Friday.

    Cop accused of killing Justine Damond charged with second degree murder
     
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  10. K_Z

    K_Z Verified Anesthetist

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    Second degree murder charge added against former Minneapolis officer Mohamed Noor

    I think it's interesting that the defense did not file any motions related to the increased charges. The defense has filed voluminous replies in motions up till this point. Maybe because the previous defense motions contained info that prosecutors used against them to file the new charges?? IDK. I think that is curious, though.

    The defense is still apparently going to go with self defense as a justification, so maybe don't want to tip their hand as to any part of their trial strategy.

    I think this whole case will ultimately come down to a debate over "reasonable force" versus "reckless force".

    Here is the Judge's order allowing the prosecutors to amend the complaint:

    https://kstp.com/kstpImages/repository/cs/files/OrderAllowingAmendedComplaint120718.pdf
     
    Last edited: Dec 8, 2018
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  11. Bohemian

    Bohemian Well-Known Member

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    Cop accused of murdering Justine Damond to recreate shooting

    The police officer accused of murdering Australian life coach Justine Damond-Ruszczyk in a Minneapolis alley is planning to re-create the fatal shooting when the moon enters the "same phase" this week.

    Mohamed Noor, who is no longer a police officer, has asked a District Court judge for access to a Minneapolis Police Department squad car for tomorrow's re-creation.

    Noor's legal team has determined the moon will be in the same phase as on July 15 last year when, just before midnight, Noor allegedly shot across his partner in their police car and struck Ms Damond in the stomach.
     
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  12. Trident

    Trident Well-Known Member

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    Nothing like trying a little moon magic.
     
  13. K_Z

    K_Z Verified Anesthetist

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  14. jjenny

    jjenny Well-Known Member

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    Kind of bizarre to demand access then not show up.
     
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  15. K_Z

    K_Z Verified Anesthetist

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    My best guess about the defense team not showing up to examine the squad car is that the weather now, in bitterly cold late December, is so completely different than it was in July 2017, that any conclusions from the experiment made by the defense about the vehicle and conditions within the crime scene could be pretty easily and soundly refuted.

    The cloud cover, or lack of it, at the present time may not have been favorable to the conditions the defense was envisioning with their experiment.

    I think it’s also possible they wanted to take the SUV back to the alleyway to re-create the scene, but the limitations of weather, and the conditions for use of the vehicle by the defense team may have made them change their minds. Better not to have bad data at all, perhaps.

    If all they wanted to do otherwise is take measurements of the Ford Explorer SUV squad, I’d think they could obtain access to another same year model FE SUV pretty easily without going to court. A used car dealer, etc. The interior would be different from a squad car, but I just don’t think even the defense believes the outcome of this trial will depend heavily on the measurements of the vehicle.
     
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  16. K_Z

    K_Z Verified Anesthetist

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    Noor's lawyers explain no show for police car inspection

     
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  17. Bohemian

    Bohemian Well-Known Member

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  18. KaaBoom

    KaaBoom `·.¸¸ ><((((º> ...·´`·.¸¸ ><((((º>...·

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  19. JerseyGirl

    JerseyGirl Staff Member Staff Member Forum Coordinators

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    A Minnesota judge says there will be no audio or video recording allowed during the trial of a former Minneapolis officer who shot and killed an Australian woman.

    Noor is scheduled to appear in court Friday for a hearing on a range of issues in the case. His trial starts April 1 with jury selection.

    No recording allowed at trial of former Minneapolis officer
     
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  20. PrairieWind

    PrairieWind Verified Attorney

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    I honestly don't know how that defense will work. I'm generally pro-law enforcement, but I couldn't buy a self-defense argument here, or defense of others. There was just no reasonable threat.
     
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