Posted on 02/01/2021 10:17:37 AM PST by ButThreeLeftsDo
The Minnesota Court of Appeals has affirmed the third-degree murder conviction of former Minneapolis Police officer Mohamed Noor.
Noor was convicted of third-degree murder and second-degree manslaughter in the fatal shooting of Justine Ruszczyk Damond in 2017 while responding to Damond's 911 call about a possible sexual assault behind her south Minneapolis home.
His attorneys argued that there was insufficient evidence to convict Noor of third-degree murder and the court wrongly allowed prosecutors to present two expert witnesses who provided similar testimony.
The three-judge panel looked at five points in considering his appeal:
Whether the evidence at the trial was sufficient to support the jury's guilty verdict for third-degree manslaughter,
Whether the evidence was sufficient to disprove Noor's affirmative defense of authorized use of deadly force, Whether the court violated Noor's Sixth Amendment right to a public trial,
Whether the court violated Noor's right to due process by limiting testimony about nationwide ambushes of police officers,
Whether the court abused its discretion by admitting the testimony of both state expert witnesses.
The appeals court ruled that even though Noor's "death-causing act was directed at a single person and the result of a split-second decision," the evidence at his trial was sufficient to establish he committed third-degree murder. Because he didn't establish a violation of his Sixth Amendment right to a public trial, the judges also ruled that Noor isn't entitled to a new trial.
Judge Matthew Johnson dissented on the first point, stating he didn't believe there was sufficient evidence to support the depraved-mind third-degree murder conviction, but otherwise agreed with Judge Michelle Larkin and Judge Louise Dovre Bjorkman on the remaining four points.
5 EYEWITNESS NEWS reached out to Noor's attorneys for comment on the ruling but they had no immediate comment.
Hopefully, for the last time.
Pinging the Justine Damond list.
WOO WOO
Noor belongs below ground for his heinous murder of Justine.
How can you say he didn’t have the right to use deadly force but then say that wasn’t manslaughter?!
Every politician who implemented the racist Affirmative Action policy and police brass who went along with it are liable in her murder.
I'd more than likely would call it justifiable and /or unintended consequences and pretty much exhonerate the cop.
THIS is why no one wants the job and why a lot of crime continues.
First good news we’ve seen in weeks...
Amen to that!
The decision for me hinges on the use of deadly force.
If he didn’t legitimately use deadly force then the shooting was unjustified and third degree manslaughter applies.
Either you agree with points 1 and 2 or disagree with points 1 and 2. But you shouldn’t be split.
This guy was a mistake, an affirmative action hire.
He was able to get the drop on Ms. Damond because he was sitting in the car with his weapon UNHOLSTERED.
I’ll bet his partner’s ears are still ringing.
I’m surprised that Noor’s partner wasn’t tried for murder.
That is, the murder of Noor by his partner for discharging a firearm in front of his face.
I’d be surprised if his partner didn’t suffer permanent hearing damage from Noor’s service weapon being discharged in such a small space.
Another case for “Project Innocence “/
Minnesota has various degrees of murder and manslaughter...he was charged with 2nd degree manslaughter and 3rd degree murder...
He shot from inside the police car, ACROSS his seated partner’s seat.
Both are no-nos.
Shooting a foreign woman in her pajamas who called the police for help == bad cop no donut.
I screwed up ... I thought this was the girl shot in an apartment ... my bad
I screwed up ... I thought this was the girl shot in an apartment ... my bad
NP
He also had a history of pulling his weapon at routine traffic stops.
You’re a longer-term FReeper, so I didn’t automatically flame you. :-D
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