Shooter’s plea
US defence lawyers want charges dismissed against a former Minneapolis police officer who shot and killed Australian life coach Justine Damond.
Mohamed Noor’s lawyers argue in motions filed yesterday that the charges should be dropped because of prosecutorial misconduct and lack of probable cause.
Mr Noor is charged with third-degree murder and second-degree manslaughter over the July 15, 2017, death of Ms Damond, 40, who was killed after calling 911 to report a possible sexual assault.
Prosecutors say Mr Noor was in a police car’s passenger seat when he shot Ms Damond through the driver’s window after she approached the car.
His lawyers argue Hennepin County Attorney Mike Freeman’s statements about the case “have undermined Officer Noor’s fundamental right to a fair trial.” The defence says Mr Freeman told a group of activists in a recorded conversation in December, before Mr Noor was charged, that he didn’t have enough evidence yet, investigators “haven’t done their job” and having enough evidence would be “the big present I’d like to see under the Christmas tree”.
“His comments are not merely racially and culturally insensitive — they are full of animosity. They mock due process. They deny due process,” the lawyers argue.
Mr Noor, 32, has been fired from the police force. His lawyers also argued the third-degree murder charge did not meet the “depraved mind” standard under Minnesota law.
Fellow officer Matthew Harrity said he and Mr Noor “got spooked” when Ms Damond approached the car.