MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #3

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This is all over our Aussie news this morning. From what I can tell, Noor's attorneys are focussing on the description "depraved" in his 3rd degree murder conviction.


The former Minneapolis police officer found guilty of murdering Australian life coach Justine Ruszczyk Damond claims he should be acquitted because he did not act "with a depraved heart" when he shot her dead.
Justine Damond Ruszczyk’s killer Mohamed Noor seeks acquittal

Third-degree murder in Minnesota is causing someone’s death by one of two ways:
  • A depraved heart or mind murder, which places others in eminent danger of death and disregarding human life (such as shooting a gun into a crowd for fun, but not intending to kill anyone)
  • Causing someone’s death by selling, giving away, or administering a Schedule I or II controlled substance (such as selling someone adulterated heroin that kills them)
    Minnesota Second-Degree Murder

depraved-heart murder
:
a murder that is the result of an act which is dangerous to others and shows that the perpetrator has a depraved mind and no regard for human life
Murder - FindLaw

The problem with United States law, is that most of it is archaic, with words like, "depraved" or "crimes of moral inturpitude". Many laws in effect today, were written over 100 years ago or more, with the vocabulary that was used at that time period.
 
The problem with United States law, is that most of it is archaic, with words like, "depraved" or "crimes of moral inturpitude". Many laws in effect today, were written over 100 years ago or more, with the vocabulary that was used at that time period.

I imagine the defence are going to try to raise all kinds of things that Noor has done that show his humanity towards others.
It won't erase the disregard that he had for Justine's innocent and helpful life that night ... not in our minds.
 
The problem with United States law, is that most of it is archaic, with words like, "depraved" or "crimes of moral inturpitude". Many laws in effect today, were written over 100 years ago or more, with the vocabulary that was used at that time period.
Yes, but the lawyers should know what that means and how it is applied. They can argue 'depraved' with a layman juror, but they can't argue that with a judge. Moo
 
Depraved Heart Murder Definition

I think Noor meets the definition of this description of a "depraved heart"

the key words are " recklessly engaged in conduct which created a grave risk of death to another person, and thereby caused the death of another person".

" To constitute depraved-heart murder, the act must have manifested a
reckless indifference to human life in general. For example, an unjustified
shooting at a passing train, or into a house which generally poses a risk
to a group of individuals, and which results in death, is a familiar example
of traditional depraved-heart murder".

"The traditional view has since evolved. An act which poses a risk to only one
individual and which results in that individual's death may also be deemed
depraved-heart murder. For example, death which resulted from a beating
has been deemed to be within the scope of depraved-heart murder statutes".

I am interested in your thoughts as to whether you believe Noor fits into this definition.

i think it is important that Justine Damond objectively posed absolutely no threat: only in the mind of a man who panicked and recklessly and without regard for human life, did this woman pose a threat, causing Noor to pull the trigger (maybe more than once), and shoot her dead.
 
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RSBM ..... "The traditional view has since evolved. An act which poses a risk to only one individual and which results in that individual's death may also be deemed depraved-heart murder. For example, death which resulted from a beating
has been deemed to be within the scope of depraved-heart murder statutes".

I am interested in your thoughts as to whether you believe Noor fits into this definition.

Yes, I agree that the prosecution can argue that this most certainly is a depraved heart murder. If hearing a noise can cause a person to haul off and shoot the first person that they see, it shows a deep disregard for innocent life imo.

What if 'the noise' was a pine cone falling on the car? That gives a person the right to shoot an unarmed person in their pajamas?? Ridiculous.
 
Here we go....

Race claims over multi-million Justine Ruszczyk payout

The family of an African American man shot dead by Minneapolis police are demanding a $US20 million ($A29 million) payout equal to what the family of Australian life coach Justine Ruszczyk received.
Jamar Clark's father said Ms Ruszczyk and her family were treated differently because they are white.
"There's no justice for black people," James Clark told a rally outside Minneapolis' federal courthouse.

"White people get all the justice".

Race claims over multi-million Damond payout


 
Here we go....

Race claims over multi-million Justine Ruszczyk payout

The family of an African American man shot dead by Minneapolis police are demanding a $US20 million ($A29 million) payout equal to what the family of Australian life coach Justine Ruszczyk received.
Jamar Clark's father said Ms Ruszczyk and her family were treated differently because they are white.
"There's no justice for black people," James Clark told a rally outside Minneapolis' federal courthouse.

"White people get all the justice".

Race claims over multi-million Damond payout

I'm not surprised and I am sympathetic to Jamar's family because the County Attorney is using an obvious double standard.

I don't believe Jamar did anything wrong. In fact, he tried to stop an altercation. After his death, there were serious protests about the way police handled his case because several witnesses said Jamar was not resisting arrest when he was shot and police insisted he was. The County Attorney, Freeman, refused to convene a grand jury and said grand juries would no longer be used in police shooting cases yet Freeman convened a grand jury in Justine's case.

JMO


Grand jury proceedings will no longer be used in any police shooting cases in Hennepin County, Attorney Mike Freeman announced Wednesday.

Freeman says the grand jury process doesn’t provide enough accountability or transparency and that those issues are “too high a hurdle to overcome” for a democratic society.

Hennepin County Attorney: Grand Jury Proceedings Will No Longer be Used
 
Here we go....

Race claims over multi-million Justine Ruszczyk payout

The family of an African American man shot dead by Minneapolis police are demanding a $US20 million ($A29 million) payout equal to what the family of Australian life coach Justine Ruszczyk received.
Jamar Clark's father said Ms Ruszczyk and her family were treated differently because they are white.
"There's no justice for black people," James Clark told a rally outside Minneapolis' federal courthouse.

"White people get all the justice".

Race claims over multi-million Damond payout


I dont really know if they are using a double USA standard, or if our Prime Minister making his political opinion known to the powers that be in Minneapolis had some effect on Justine's case.

It is hard to gauge how much international stuff went on behind the scene. I do know that our foreign minister gets involved in every law-and-order thing that adversely affects an Aussie overseas, when help is needed.

We have seen this many times. Whether or not the Aussie deserves the assistance (and Justine certainly did). The foreign minister wont go against the laws of the land, but will push for humanity and decency for all Aussies in deep strife.
 
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Yes, but the lawyers should know what that means and how it is applied. They can argue 'depraved' with a layman juror, but they can't argue that with a judge. Moo

I would agree that at first glance "reckless" fits better than "depraved." However once you actually read it, you see that "reckless" is included in "depraved." So I don't think it's going anywhere.

There ARE cases that I believe warrant appeals for lack of evidence to sustain the conviction. This is not one of those cases. This jury got it right.
 
Here we go....

Race claims over multi-million Justine Ruszczyk payout

The family of an African American man shot dead by Minneapolis police are demanding a $US20 million ($A29 million) payout equal to what the family of Australian life coach Justine Ruszczyk received.
Jamar Clark's father said Ms Ruszczyk and her family were treated differently because they are white.
"There's no justice for black people," James Clark told a rally outside Minneapolis' federal courthouse.

"White people get all the justice".

Race claims over multi-million Damond payout


It looks as though Mpls may be paying for and dealing with the repercussions of employing "Barney Fife" for a long time to come. Barney was a lovable character meant to be comic but Barney never should have been a cop, especially one with a gun who would shoot willy nilly when scared over the littlest of things. Barney, however was fiction, Noor is not. One can support LE while saying we would hope there would be some standards and serious requirements for employment in such a position.

I do not know enough about the other case cited above to comment or compare them. However, decisions should not be race based, thats for sure.

Jmo.
 
Here we go....

Race claims over multi-million Justine Ruszczyk payout

The family of an African American man shot dead by Minneapolis police are demanding a $US20 million ($A29 million) payout equal to what the family of Australian life coach Justine Ruszczyk received.
Jamar Clark's father said Ms Ruszczyk and her family were treated differently because they are white.
"There's no justice for black people," James Clark told a rally outside Minneapolis' federal courthouse.

"White people get all the justice".

Race claims over multi-million Damond payout


Really? This has absolutely nothing to do with the race of the woman who was gunned down by a police officer who was hired and retained based on race.

Each case is completely separate, with a completely different set of circumstances. And more importantly, was the officer who shot and killed another person another officer who had absolutely no business carrying a gun? If so, Minneapolis better work on the reasons why their officers are so poorly hired, screened and trained, or they may be making out more checks..
BTW, will this family also be shamed into a $2 million dollar donation for a foundation that supports the NAACP?
 
Justine Ruszczyk sounded worried, even a little breathless, when she called police twice to report what she thought might be a woman being raped outside her Minneapolis home.

Minutes later, an officer who responded to Ruszczyk's call for help shot and killed her.

The audio recording of Ruszczyk's two 911 calls were released to the public Thursday. For most people, it's the first time they will hear Ruszczyk's voice before her fatal encounter with then-Minneapolis police officer Mohamed Noor.

Ruszczyk's 911 call audio: Deep breath, worried voice
 
Listening to her voice in that call fills me with profound sadness-
She was being a good citizen and doing the right thing --this should
Have been a routine call to the police, instead this call was catalyst
That resulted in her death because the MPD allowed a trigger
Happy incompetent officer to remain on their police force
 
We just heard and saw a portion of one of the body cam recordings on our morning TV in Australia. The body cam vid was taken next to a squad car.

Harrity (I think) can be heard saying "I had my gun out ...."
Then we could hear Barnette (I think) saying quite loudly "Where is Noor??"

Our TV presenter said the attending police were looking for Noor.

RubyHill's posted article containing Justine's calls said the bodycam vids needed to be edited by Friday for release. Just very early Friday morning here now. Presumably, some/all of the bodycam vids are now edited for release.
 
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