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Updated 16h | Posted at 2:23 pm
A Hennepin County judge on Thursday denied all the dismissal motions of Justine Ruszczyk (911) and April 1, 2019 to dismiss the charges against former Minneapolis police officer Mohamed Noor.
At a brief hearing, District Judge Kathryn Quaintance found a probable cause to pursue the case. If Noor fired on a particular person or "simply in the dark", it is up to the jury to decide, she said, citing elements of the third degree murder law. .
Quaintance also reiterated its decision to deny a motion to remove Noor's psychological records from his hiring evaluation, and that they are not protected by patient privacy rules, which means that the The public will have access to it at some point.
• Full Coverage: The filming of Justine Ruszczyk and the trial of the officer Mohamed Noor
Noor faces charges of second degree murder and second degree manslaughter in the shooting death of Ruszczyk, also known as Justine Damond, who called 911 on July 15, 2017
Noor and his partner Matthew Harrity responded to the call. According to the criminal complaint against Noor, they crossed the alley with their headlights off and their computer screen off. Ruszczyk appeared at the window on the driver's side. Noor, a passenger in the squad's vehicle, pulled her out the open window.
Hennepin County Attorney Mike Freeman filed a lawsuit against Noor in March, about eight months after the murder. He had summoned a grand jury to compel some witnesses to testify, including police officers from Minneapolis who he said did not cooperate with the investigation.
• What to expect: Mohamed Noor's trial
Minneapolis officials fired Noor the day's fees were announced.
Thursday's hearing lasted only about 15 minutes. Noor was flanked by his lawyers. His family and friends filled the seats behind him; the journalists filled the other side.
Noor's defense had argued that Freeman's comments in December to the union members constituted misconduct on the part of the prosecutor.
Freeman told several union members during what he thought was a private conversation that he did not have enough evidence to decide to lay charges against Noor, accusing the "investigators" of working too slowly .
Possible accusations, he told union members: "Trust me Nobody wants it to be done for Christmas more than I. It's the great gift I'd like to see under the Christmas tree." Christmas."
The audio of these comments was subsequently posted online, causing Freeman to apologize for having criticized the Minnesota Criminal Appeals Office and for publicly speaking of internal discussions in the United States. within the county attorney's office.
Freeman accused Noor in March.
Noor did not plead, but his lawyers said he would plead not guilty.
On Thursday, Quaintance stated that Freeman's comments did not compromise Noor's right to a fair trial. Instead, she said she considered them a public official explaining the state's burden of proof.
The law on third degree murder includes an element according to which "the intentional act" of causing the death of a person is "eminently dangerous to human beings and has been executed without regard for human life" . It may not be directed against a particular person, but may be committed in a reckless manner that could harm someone.
Quaintance wrote in his order that there was evidence that Noor's acts were eminently dangerous to human beings and without regard for human life:
She noted that other ordinary citizens, who might have been in the area, whether walking dogs or going out to do business, could have been injured.
In addition, Noor shot his partner's body from a confined police car. "A jury could determine that this conduct was reckless and gratuitous and that the accused knew that someone could be killed," wrote Quaintance.
She reiterated that lawyers were no longer allowed to discuss this case in public or with the media. After the hearing, Noor lawyer Peter Wold told reporters, "Our comments will come April 1".
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