April date set for trial of ex-Mpls. cop Noor in Ruszczyk killing
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Updated 4 p.m. | Posted 2:23 p.m.
A Hennepin County judge on Thursday denied all motions to dismiss charges against former Minneapolis police officer Mohamed Noor in the killing of 911 caller Justine Ruszczyk and set an April 1, 2019 trial date.
At a brief hearing, District Judge Kathryn Quaintance found probable cause to proceed with the case. Whether Noor fired at a specific person or "simply into the darkness" is for the jury to decide, she said, citing elements of the third-degree murder statute.
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Quaintance also reiterated her decision to deny a motion to suppress Noor's psychological records from his hiring evaluation, and that they are not protected under patient confidentiality rules, which means the public will have access to them at some point as part of this criminal case.
Noor faces third-degree murder and second-degree manslaughter charges in the shooting death of Ruszczyk, also known as Justine Damond, who called 911 on July 15, 2017 to report a possible sexual assault in the area of her southwest Minneapolis home.
Noor and his partner Matthew Harrity responded to the call. According to the criminal complaint against Noor, they drove through the alley with their headlights off and computer screen dimmed. Ruszczyk appeared at the driver's side window. Noor, a passenger in the squad vehicle, shot her through the open window.
Hennepin County Attorney Mike Freeman filed charges against Noor in March, about eight months after the shooting. He'd convened a grand jury to compel certain witnesses to testify, including some Minneapolis police officers he said had been uncooperative with the investigation.
Minneapolis officials fired Noor the day charges were announced.
Thursday's hearing lasted only about 15 minutes. Noor was flanked by his attorneys. His family and friends filled the seats behind him; reporters filled the other side.
Noor's defense had argued that comments Freeman made in December to union members amounted to prosecutorial misconduct.
Freeman told several union members during what he thought was a private conversation that he did not have enough evidence to decide yet whether to file charges against Noor, blaming "investigators" for working too slowly.
Of possible charges, he told the union members: "Trust me. Nobody wants it done for Christmas more than me. That's ... that's the big present I'd like to see under the Christmas tree."
Audio of those comments was later posted online, leading Freeman to apologize for criticizing the Minnesota Bureau of Criminal Apprehension and for talking publicly about internal discussions inside the county attorney's office.
Freeman charged Noor in March. Noor hasn't entered a plea, but his attorneys have signaled he'll plead not guilty.
On Thursday, Quaintance said Freeman's comments did not compromise Noor's right to a fair trial. Instead, she said she viewed them as a public official explaining the state's burden of proof.
The third-degree murder statute includes an element that says the "intentional act" to cause the death of a person was "eminently dangerous to human beings and was performed without regard for human life." It may not be directed at a particular person, but is committed in a reckless manner that it would harm someone.
Quaintance wrote in her order that there is evidence that Noor's actions were eminently dangerous to human beings and without regard for human life: "Noor fired into an unlit residential alley in the late evening, where a bicyclist was present."
She noted that other ordinary citizens, who could've been out in the area, either walking dogs or going about their business, could've been hurt.
Additionally, Noor fired across his partner's body from a confined police squad car. "A jury could determine that this conduct was reckless and wanton and the defendant possessed the knowledge that someone could be killed," Quaintance wrote.
She reiterated that attorneys were no longer allowed to discuss this case publicly or with the media. After the hearing, Noor attorney Peter Wold told reporters, "Our comments will come on April 1."