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

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

  1. PrairieWind

    PrairieWind Verified Attorney

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    Are we to believe that Harrity, in a much better position to see, saw a woman, barefoot and in pajamas walking toward him and was stuck with fear and terror? And was unable to defend himself? Wow.
     
  2. Via Marple

    Via Marple Here to learn how devious minds work

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    Is that all??? He was shot by a paintball?? I had wondered if the traumatic event in his life had to do with being caught in crossfire and almost died etc.

    Don't tell me that paintball was pink and had blond hair. Now that would leave a scar in his memory.
     
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  3. PrairieWind

    PrairieWind Verified Attorney

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    Is Noor on the stand still today or is he done?
     
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  4. Rocco

    Rocco Well-Known Member

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    Ex-Minneapolis police officer Mohamed Noor testified Friday, April 26, that 911 caller Justine Ruszczyk said nothing as she approached his police squad, contradicting testimony by his former partner about what happened in the alley the night Noor shot Ruszczyk.

    Officer Matthew Harrity, who sat in the driver's seat as Ruszczyk approached the squad from the back, testified earlier that he'd heard the woman "murmur" or make some kind of sound as she came up on the squad.





    Noor trial: Noor says no sounds from Ruszczyk before shooting; ends his testimony
     
  5. PrairieWind

    PrairieWind Verified Attorney

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    Without being in the courtroom, its hard to tell for sure, but from the reports, i don't think Noor did himself any favors with his testimony. In fact, I think he hurt his case. I'm a bit surprised actually. Maybe the defense was trying to get him up there, talk before the jury, humanize him. But his testimony is going to be shredded in closing arguments. He admits that due to a training incident he learned to be active instead of reactive with force. He claims he saw the fear in Harrity's eyes, which makes no sense in a dark car where they shouldn't have been looking at each other. Harrity, close to Justine, and in a better position to see and hear here, didn't shoot her or react abruptly. But Noor did.
     
  6. Jax49

    Jax49 Florida Native

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    "saw the fear in Harrity's eyes"

    If I was on the jury I'd be pounding this BS home. In a dark car, with his partner turned away in response to the threat posed by an unarmed woman. smh
     
  7. PrairieWind

    PrairieWind Verified Attorney

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    Statements like that are what a defense attorney tries to avoid. Its not really believable and all it does is give the prosecutor a chance at closing arguments to show that the defendant is making stuff up, which in turn puts all of his testimony in doubt.
     
  8. Rocco

    Rocco Well-Known Member

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    Harrity testified that when they drove into the alley that night, he took the hood off his holster.

    Harrity told the court that he was startled by a noise in the alley, pulled out his gun and pointed it down, then saw a figure out of the corner of his eye when Noor fired.

    Noor trial: Cop says he heard thump before shot; horrific video played


    Noor said he saw fear in Harrity's eyes and saw that Harrity was trying to pull his gun but was having difficulty.
    Ex-cop: Saw woman at window, fired 'to stop threat'

    Harrity said he pulled out his gun and had it pointed down. Noor tried to make it sound like Harrity was having difficulty pulling out his gun so Noor had to be the one to shoot Justine. But that's not what Harrity's testimony was.
     
  9. Rocco

    Rocco Well-Known Member

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    Noor's voice often cracked as he testified, CBS Minnesota reported, and he repeatedly referred to Damond as "the threat." But Sweasy questioned why Noor perceived a threat at all, especially after he affirmed he couldn't see the woman's hands or a weapon and that she at one point stepped back.

    [​IMG]
    A courtroom sketch of ex-Minneapolis officer Mohamed Noor testifying in his murder trial Cedric Hohnstadt


    "Did you just say 'the threat' took a couple steps back?" Sweasy asked, according to CBS Minnesota.

    "Yes," Noor said.

    Ex-cop testifies he couldn't see 911 caller's hands when he fatally shot her
     
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  10. mickey2942

    mickey2942 Well-Known Member

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    I can't believe Noor testified. Are they going to appeal based on Incompetent Representation?
     
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  11. Rocco

    Rocco Well-Known Member

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    The Latest: Neighbor cites loud noise before Damond shot

    I wonder if this woman is suggesting she heard a noise from Justine hitting the car. If you smack the outside of a car, anyone in the car would hear a loud noise. But anyone outside of the car probably wouldn't hear much.

    *Waiting for Mickey and her husband to do a recreation and report back to us
     
    Last edited: Apr 26, 2019
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  12. PrairieWind

    PrairieWind Verified Attorney

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    Not likely. It is always left up to the defendant as to whether he wants to testify or not. The judge will even advise them right before they are sworn in. Plus, if you are claiming that the reason you fired is because you felt threatened, you pretty much HAVE to take the stand. I am a bit surprised that the defense didn't have a better presentation though. But maybe Noor isn't being overly cooperative with them either.
     
  13. mickey2942

    mickey2942 Well-Known Member

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    Well, neither one of us can hear very well, in the car, or out of the car. I will have to defer that one to the experts...
     
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  14. ilovewings

    ilovewings Well-Known Member

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    From my perspective the Prosecution has more than proven their case ---however, it remains to be seen if the jury will see it that way. It seems very difficult to convict a police officer in this type of circumstance--- Praying for justice for Justine.
     
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  15. Via Marple

    Via Marple Here to learn how devious minds work

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    Emanuel Kapelsohn, a use-of-force expert, testified for the defence Friday that he felt Mr Noor used reasonable force given the totality of the circumstances. “He had to react immediately,” Mr Kapelsohn said.

    I can't find much else what this defence expert said. Usually only on News Corp sources. From the brief report, it doesn't sound like he had much to offer.

    NEWS.com.au: Mohamed Noor trial: ‘No basis’ for shooting Justine Ruszczyk Damond. https://www.news.com.au/world/north-america/no-choice-cop-explains-shooting-innocent-woman/news-story/a736bea49e02daf2b3c1259b277c72fc
     
  16. Tippy Lynn

    Tippy Lynn Well-Known Member

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    When a use of force experts says, he felt Noor used reasonable force given the totality of the circumstances and that Noor had to react immediately it's going to be extremely hard for a jury to find him guilty. I don't know how this is going to land, but at this point, I personally don't think the prosecution has this in the bag. It's not over yet, so I guess we'll see.
    jmo
     
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  17. Rocco

    Rocco Well-Known Member

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    The Defense Rests: Closing Arguments In Mohamed Noor Trial Expected Monday

    The jury will be sequestered, meaning they won’t go home until a verdict is reached. A long deliberation could be a sign of something bad for the defense.

    I don't agree with that. The defense will be lucky if they don't come back with a verdict within a couple of hours---and not in their favor.

    There's really not a lot of evidence they have to go over.
     
    Last edited: Apr 26, 2019
  18. wary

    wary Well-Known Member

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  19. Rocco

    Rocco Well-Known Member

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    I guess it depends on if the jurors believed his testimony and give it weight. If I was on the jury, I'd think: 'He's a defense witness, he said what I would expect him to say for them', but I really wouldn't buy what he's selling because of everything presented to the contrary.

    Hope we get a verdict on Monday!
     
  20. ilovewings

    ilovewings Well-Known Member

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    I think one reason that most police officers are acquitted in police shootings is that juries want to give the officer the benefit of the doubt---i think it makes people uncomfortable to think that this law enforcement person would not have been in control of himself and just pulled that trigger without good reason. I am not optimistic about a guilty verdict in this case, though i hope i am wrong.
     

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