Murder case against ex-cop back in court
MINNEAPOLIS — Attorneys head to court Thursday to argue over whether a criminal case should go forward against a former Minneapolis police officer who fatally shot an unarmed Australian woman who had called 911 to report a possible sexual assault in the alley behind her home.
Mohamed Noor’s attorneys maintain he acted reasonably July 15, 2017, when he shot Justine Ruszczyk Damond. They’ve asked the judge to dismiss the charges.
But prosecutors say Noor acted recklessly in using deadly force against Damond, a 40-year-old life coach and dual citizen who was engaged to be married.
The hearing is mostly about whether the case can proceed to trial. Defense attorneys are asking that the charges be dismissed for a lack of probable cause. They argue Noor fired in reaction to a perceived threat of danger, not with a “depraved mind, regardless of human life” as required under Minnesota’s definition of third-degree murder. They also say he didn’t act with the “culpable negligence” needed for a conviction for second-degree manslaughter.
The defense also wants the charges thrown out because of public statements by Hennepin County Attorney Mike Freeman that they claim undermine his right to a fair trial. And they’ve asked the judge to suppress psychological records, saying the search warrants used to obtain them violated his right to confidentiality.
Hennepin County District Judge Kathryn Quaintance is expected to let the case proceed, although it’s not clear if she’ll rule Thursday or later. It will also be up to her whether to take Noor’s not-guilty plea Thursday or at another hearing.
He remains free on bail.