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The shooting of Justine Ruszczyk and trial of former officer Mohamed Noor
Jon Collins and Riham Feshir

Noor seeks exclusion on body cam policy, 'blue wall' in Ruszczyk killing trial

Mohamed Noor on March 1, 2019.
Mohamed Noor walks into the Hennepin County Government Center in Minneapolis on March 1, 2019, for a pretrial hearing.
Evan Frost | MPR News file

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Updated: 4:00 p.m. | Posted: 2:21 p.m.

Attorneys for ex-Minneapolis police officer Mohamed Noor are asking a judge to exclude testimony about body camera policy, the "blue wall of silence" and officers' experience with people approaching cars as they prepare for his trial in the killing of 911 caller Justine Ruszczyk.

Noor has been charged with second-degree murder, third-degree murder and second-degree manslaughter for shooting and killing Ruszczyk, also known as Justine Damond, in July 2017 after she called 911 because she thought she heard a woman being assaulted in the alley behind her home.

Noor, who lost his job with the department the day Hennepin County prosecutors filed charges against him, did not have his body camera on at the time of the shooting. He and his partner, Matthew Harrity, were responding to a 911 call by Ruszczyk when Noor shot her from the passenger seat of the squad.

Harrity heard a thump at the back of the squad before Ruszczyk appeared. According to the charging documents, he said both officers "got spooked."

Defense attorneys filed a motion Friday asking to prevent testimony from other officers' about their experience with people "slapping, striking or approaching." They plan to make their arguments at a pre-trial hearing March 29.

According to the court filing, attorneys argue that testimony about whether Noor and Harrity followed body camera policy isn't relevant. However, they say they are open to limiting testimony about the body-worn camera policy to a statement of what the policy was on the night of the shooting.

The Minneapolis Police Department has since clarified its policy to require police officers to activate body cams at every dispatched call.

Defense attorneys are also asking the judge to prevent testimony from other officers suggesting "a blue line of silence, blue wall of silence, blue code or blue shield."

This is in reference to the investigation into the shooting, where Hennepin County Attorney Mike Freeman said some officers didn't cooperate and he convened a grand jury to compel them to testify.

Defense attorneys Thomas Plunkett and Peter Wold are also asking to exclude testimony regarding complaints against Noor or pending administrative matters. "This testimony would tend to confuse the jury and be unduly prejudicial to Officer Noor," they wrote.

Prosecutors also filed motions Friday, including one that asked the judge to exclude or limit the testimony of defense witness Emanuel Kapelsohn. They're arguing that Kapelsohn, who also testified for the defense in the trial of former St. Anthony police officer Jeronimo Yanez in 2017, is not qualified to give an opinion on Noor's psychological response to stress.