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The shooting of Justine Ruszczyk and trial of former officer Mohamed Noor
Matt Sepic and Jon Collins

Judge grants Mohamed Noor's request to examine police vehicle

Mohamed Noor arrives at a court hearing
Mohamed Noor arrives at a court hearing
Anthony Souffle | Star Tribune via AP

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Updated: 8:00 p.m. | Posted: 3:30 p.m.

A Hennepin County judge says defense attorneys may examine a Minneapolis police Ford Explorer as they build a case on behalf of Mohamed Noor, a former Minneapolis police officer facing charges he killed a 911 caller in July 2017.

The order signed by Judge Kathryn Quaintance Friday said the defense could have access to the squad the same evening but that any testing "shall not affect the utility, or damage or alter the squad car," and Minneapolis Police Department personnel had to be on hand.

Noor is charged with second-degree murder, third-degree murder and second-degree manslaughter in the shooting death of Justine Ruszczyk in the alley behind her home after she called 911 to report what she thought was someone being assaulted. Noor shot Ruszczyk as he sat in the passenger seat of the squad.

The judge's order allows photos and measurements, but only "a designated MPD employee" may drive the vehicle.

The Minneapolis city attorney's office said on Friday it would not stand in the way of a request from attorneys for Noor to examine a squad vehicle like the one the officer was riding in when he shot and killed Ruszczyk.

But Deputy City Attorney Erik Nilsson wrote that the city "objects to any destructive testing that would cause damage to or alteration" to the squad, or any actions that result in costs, repairs or loss of a police vehicle.

Noor's attorneys asked the judge in the case on Wednesday to allow them to "independently gather information, make measurements and allow testing and analysis" of a police vehicle in the area where Ruszczyk was killed. They argued that they wanted to examine it on Friday because the moon would be in the same phase as on the night Ruszczyk, also used the surname Damond, was killed.

A hearing was held on the defense's request on Thursday afternoon, but according to court documents lawyers with the city attorney's office were not present. When Nilsson raised his concern, the judge allowed more time for the city to respond.

The city also urged the judge to allow Minneapolis to choose which officers would make the vehicle available to the defense team. A proposed order from the defense team attached to the city's letter to the judge had outlined two specific officers to be in control of the vehicle.

Court documents said that after Thursday's hearing, defense attorneys amended the request.

Noor's attorneys also said that the vehicle he was in at the time of the shooting has not been preserved. Neither the city nor Noor's defense team would comment on the condition of the original squad.

Noor's next court appearance is set for March 1. His jury trial is scheduled for April.