MN - Justine Damond, 40, fatally shot by Minneapolis LE, 15 July 2017 #2

[K_Z]

Thank you. His life experiences speak volumes, if you read between the lines.

For balance, there are comments in the media made in the early days after the shooting, from a few people who said they knew Noor. One of Noor's neighbors, a forklift driver, who had lived next to him for 2 years, gave comments that were not complimentary about Noor's behavior and personality, and gave examples. Obviously, we have no idea what the real relationship was between them as neighbors. There are 2 others from the Somali community (the neighbor who spoke is AA, but not Somali) who described Noor as kind and caring, and a role model. If interested, one can search and read the comments from these people.

Also of interest, Noor is the oldest of 10 children.

~~~~~~~~~~~~~

Another point of interest is that the MPD has been criticized for pairing rookie officers together, and some feel that this is very unwise from a safety and experience perspective. Matthew Harrity, Noor's partner and driver of the squad car, had only been officially on the force one year as a sworn officer. Noor had less than 2 years on the force. However, Harrity was a Community Service Officer (see below, basically a working/ paid internship type position while in school) before becoming a Police Officer, and had also been a corrections officer at the Stillwater Prison.

So while Harrity had been a sworn officer less time than Noor, Harrity (IMO) had significantly more law enforcement experience than Noor, who would have been the "more senior" officer. Harrity has a 4 year degree in Criminal Justice/ Law Enforcement; Noor has a 4 year degree in business administration, management, and economics.

The "fast track" program Noor completed required him to complete an accelerated LE academic program concurrently with his department training as a cadet, prior to taking the LEO licensing exam (about 9 months long total). That fast track cadet program has apparently been around since 1989. Standard police recruits take the academic program, AND have passed the exam, before becoming police recruits. Cadets take the educational program and exam after being accepted as cadets into the accelerated program. (Not all recruits are Community Service Officers-- that's an individual choice depending on how many are interested, and slots and funding available.)

Here's some info about the fast track "cadet" program, which differs from the standard "police recruit" program.

http://www.startribune.com/minneapo...s-about-noor-s-fast-track-training/436057173/

http://www.minneapolismn.gov/police/recruiting/WCMS1P-109629

http://www.minneapolismn.gov/police/recruiting/police_recruiting_cso

A Community Service Officer (CSO) works approximately 20-30 hours per week in the Minneapolis Police Department up to three years while enrolled as a student in an approved, two-year law enforcement program and/or working toward completion of MN Peace Officers Standards and Training (POST) licensing requirements. CSO's assist the police department and community by promoting intercommunication, understanding and cooperation between department personnel and the diverse communities of the City of Minneapolis. The CSO is a civilian position which has the possibility of promotion to a full time Police Officer position.
Salary: 16.27 per hour, plus tuition!

http://www.minneapolismn.gov/police/recruiting/reqs/index.htm

The personnel files of both Noor and Harrity were released last year:

Noor:

http://www.minneapolismn.gov/www/groups/public/@mpd/documents/webcontent/wcmsp-202323.pdf

Harrity:

https://www.scribd.com/document/354648516/Harri-Ty-Personnel#from_embed

 

[Bohemian]

For balance, there are comments in the media made in the early days after the shooting, from a few people who said they knew Noor. One of Noor's neighbors, a forklift driver, who had lived next to him for 2 years, gave comments that were not complimentary about Noor's behavior and personality, and gave examples. Obviously, we have no idea what the real relationship was between them as neighbors. There are 2 others from the Somali community (the neighbor who spoke is AA, but not Somali) who described Noor as kind and caring, and a role model. If interested, one can search and read the comments from these people.

Also of interest, Noor is the oldest of 10 children.

~~~~~~~~~~~~~

Another point of interest is that the MPD has been criticized for pairing rookie officers together, and some feel that this is very unwise from a safety and experience perspective. Matthew Harrity, Noor's partner and driver of the squad car, had only been officially on the force one year as a sworn officer. Noor had less than 2 years on the force. However, Harrity was a Community Service Officer (see below, basically a working/ paid internship type position while in school) before becoming a Police Officer, and had also been a corrections officer at the Stillwater Prison.

So while Harrity had been a sworn officer less time than Noor, Harrity (IMO) had significantly more law enforcement experience than Noor, who would have been the "more senior" officer. Harrity has a 4 year degree in Criminal Justice/ Law Enforcement; Noor has a 4 year degree in business administration, management, and economics.

The "fast track" program Noor completed required him to complete an accelerated LE academic program concurrently with his department training as a cadet, prior to taking the LEO licensing exam (about 9 months long total). That fast track cadet program has apparently been around since 1989. Standard police recruits take the academic program, AND have passed the exam, before becoming police recruits. Cadets take the educational program and exam after being accepted as cadets into the accelerated program. (Not all recruits are Community Service Officers-- that's an individual choice depending on how many are interested, and slots and funding available.)

Here's some info about the fast track "cadet" program, which differs from the standard "police recruit" program.

http://www.startribune.com/minneapo...s-about-noor-s-fast-track-training/436057173/

http://www.minneapolismn.gov/police/recruiting/WCMS1P-109629

http://www.minneapolismn.gov/police/recruiting/police_recruiting_cso


http://www.minneapolismn.gov/police/recruiting/reqs/index.htm

The personnel files of both Noor and Harrity were released last year:

Noor:

http://www.minneapolismn.gov/www/groups/public/@mpd/documents/webcontent/wcmsp-202323.pdf

Harrity:

https://www.scribd.com/document/354648516/Harri-Ty-Personnel#from_embed

Thank you K_Z. The background information is most appreciated.

 

[PrairieWind]

Yes, there was a witness.

Is the guy on the bicycle? I remember him and that they did finally track him down. However, I can't remember if it was ever said whether he had actually seen or heard anything of value or not. I am guessing most of the subpoenas are to law enforcement. Perhaps Noor spoke to other officers after the shooting. It will be very interesting after this is all over to see what happened in this investigation the left Freeman so unhappy. This has become such a mess and embarrassment that when its done the Minnesota Governor or Attorney General will perhaps need to look into this process and whether BCA is capable of conducting these investigations.

 

[Ibiz]

So is the officer being charged in the shooting?

 

[Jax49]

So is the officer being charged in the shooting?

Not decided yet.

ETA: Or, if decided, it is a secret from the public.

 

[K_Z]

Is the guy on the bicycle? I remember him and that they did finally track him down. However, I can't remember if it was ever said whether he had actually seen or heard anything of value or not. I am guessing most of the subpoenas are to law enforcement. Perhaps Noor spoke to other officers after the shooting. It will be very interesting after this is all over to see what happened in this investigation the left Freeman so unhappy. This has become such a mess and embarrassment that when its done the Minnesota Governor or Attorney General will perhaps need to look into this process and whether BCA is capable of conducting these investigations.

BBM. Agree that there should be a formal inquiry about the investigatory process/ powers of the BCA. However, there is absolutely no way our current governor or AG would wade into that, IMO.

There are a lot of political issues bound up in the Damond/ Noor situation-- much more, IMO, than appear on the surface.

Just 2 weeks (Aug 1, 2017) after the Damond shooting, there was another very disturbing criminal situation with another new "fast tracked" MPD Somali cadet who was also publicly lauded in a ceremony for his ethnicity, just like Noor was. He was to be sworn in as an MPD officer the next day-- was already done with licensure exam, so technically he was a "licensed peace officer". However, this situation was very quickly in and out of the news due to "political" reasons, IMO. Ahmad Mohammed Jama, was arrested and charged with making terroristic threats and a few other charges. He was placed immediately on admin leave. It was another situation with very bad optics for the MPD, who was embroiled with the Damond shooting, and had just had Chief Harteau fired. MPD was eager to distance themselves as quickly as possible from Jama, and his arrest and charges. (I don't blame them. What a mess, all in 2-3 weeks time.) Kroll and the union was silent on the Jama matter-- which makes complete sense.

The politics of the MPD, the mayor, and the community cannot be underestimated in the Damond case. Besides the ongoing feud between the previous Chief and previous Mayor, the union was also pushing back against some of the new national recommendations about officers not firing from, or into, vehicles-- etc. The Damond case, again, pushed all that to the forefront. I'll see if I can find more about that later and post it.

Here is the Jama criminal complaint:

https://www.co.dakota.mn.us/_layouts/CustomHandlers/PCI_Image.ashx?CID=20968

 

[PrairieWind]

KZ, unfortunately I think you are absolutely correct.

 

[PrairieWind]

KZ, did I read that Jama complaint correct? He was 19 years old?! Sworn in as a police offer at age 19?!!! WTH?

 

[Jax49]

KZ, did I read that Jama complaint correct? He was 19 years old?! Sworn in as a police offer at age 19?!!! WTH?

Looks like 29??

 

[K_Z]

Testimony in Noor grand jury begins Tues.

MINNEAPOLIS - Grand jury testimony is slated to begin Tuesday in the shooting death of Justine Damond Ruszczyk, according to Minneapolis Police Federation President Bob Kroll.

More than 30 Minneapolis police officers have been subpoenaed to testify, including Officer Mohamed Noor’s partner, Officer Matthew Harrity.

Most of the officers being called to testify do not know Noor. They, however, were his trainers or academy educators.

Damond family attorney, Bob Bennett, told KARE 11 on Jan. 24 that the family is pleased that a grand jury is being convened. He said they are happy that this unique investigative tool is being used to compel witnesses to testify under oath.

Former prosecutor Tom Heffelfinger says grand juries in Hennepin County consist of 23 residents. The only other people in the room are the prosecutor and the court reporter. There are no defense attorneys and no judge.

Freeman has insisted he will ultimately make the decision as to whether charges will be filed in the case.

http://www.kare11.com/article/news/testimony-in-noor-grand-jury-begins-tues/89-515101998

https://www.sbs.com.au/news/justine-damond-grand-jury-set-to-begin

http://www.startribune.com/testimon...-jury-investigating-shooting-death/472815373/

Testimony begins in Noor grand jury investigating shooting death

The list of officers summoned to testify before a grand jury Tuesday indicates that Hennepin County Attorney Mike Freeman is trying to meet the legal standard to charge Minneapolis police officer Mohamed Noor in the shooting death of Justine Ruszczyk Damond, legal experts say.

Noor’s partner, Matthew Harrity, the sole witness, is among those who will be testifying. But the majority of the more than 30 officers subpoenaed are Noor’s trainers and academy educators, according to Bob Kroll, president of the Minneapolis Police Federation.

Those witnesses could provide Freeman with evidence to decide whether Noor acted unreasonably and outside of his training, which the prosecutor would need to charge Noor with a crime in Damond’s death.

Freeman formed the grand jury despite a previous pledge to no longer use the panels in police-civilian shooting cases.

 

[Bohemian]

http://www.kare11.com/article/news/testimony-in-noor-grand-jury-begins-tues/89-515101998

https://www.sbs.com.au/news/justine-damond-grand-jury-set-to-begin

http://www.startribune.com/testimon...-jury-investigating-shooting-death/472815373/

Thank you for taking the time to update us on, and understand, this case KZ x I’m looking forward to reading the findings of the GJ.

 

[PrairieWind]

Thank you for taking the time to update us on, and understand, this case KZ x I’m looking forward to reading the findings of the GJ.

We most likely will not get to hear the findings of the Grand Jury. GJ proceedings are secret. In fact, they may not even be asked to vote on indictment.

 

[Bohemian]

We most likely will not get to hear the findings of the Grand Jury. GJ proceedings are secret. In fact, they may not even be asked to vote on indictment.

Will there be some informal commentary on the issue by officials? It seems to be quite a hot topic still, or are they thinking it will be forgotten? I don’t think Justine’s family will allow that, even in the face of an offer of settlement. I think their civil suit will go ahead if there isn’t some sort of official commentary, and even is there is, if they are dissatisfied it will still go ahead I feel. It seems they want the truth and justice for Justine.

 

[K_Z]

We most likely will not get to hear the findings of the Grand Jury. GJ proceedings are secret. In fact, they may not even be asked to vote on indictment.

Interesting-- I didn't really think that not voting was an option, once a GJ was convened.

So then, is this simply a technique to get these statements officially into some kind of record that could be used at a trial in the future? Is the GJ transcript of their testimony admissible as evidence?

And does the GJ have any "discussion" with themselves, or the prosecutor about the testimony? Like a roundtable conversation? If so, is that part of the official record? Or are the GJ members just there, silent, as a mechanism to get the testimony on the record? What are your thoughts, Prairie Wind?

 

[K_Z]

http://www.fox9.com/news/grand-jury-process-unfolds-in-justine-damond-case

Grand jury process unfolds in Justine Damond case

POSTED: FEB 06 2018 03:38PM CST

UPDATED: FEB 06 2018 03:44PM CST

MINNEAPOLIS (KMSP) - The grand jury process is secretive, and it’s gradually unfolding up on the 20th floor inside the Government Center in Minneapolis.

Now, many are asking about Hennepin County Attorney Mike Freeman’s agenda as he continues to probe the July shooting death of Justine Damond.

“If Mike Freeman decides to charge this, he is going to do this in a way to win this. That’s why he is going to get all this testimony down,” trial attorney Mike Bryant said. Bryant is not connected to the case.

http://www.nydailynews.com/news/nat...ice-shooting-justine-damond-article-1.3802788

Freeman would be required to prove Noor's actions in shooting Damond were "culpably negligent" if he were to pursue manslaughter charges under Minnesota law, according to experts. He also needs to prove Noor's actions were objectively unreasonable at the time.

"If he's acting outside of his training, then the level of justification is diminishing," Choi said. "If you get information that says he did exactly what they told him to do, then there's more justification."

**Choi, quoted above, is the Ramsey county prosecutor. He made the decision not to bring charges against the officer in the Philando Castile shooting.

 

[PrairieWind]

Will there be some informal commentary on the issue by officials? It seems to be quite a hot topic still, or are they thinking it will be forgotten? I don’t think Justine’s family will allow that, even in the face of an offer of settlement. I think their civil suit will go ahead if there isn’t some sort of official commentary, and even is there is, if they are dissatisfied it will still go ahead I feel. It seems they want the truth and justice for Justine.

I guess it depends upon what officials you are talking about. When DA Freeman has his information he will either announce what charges he is bringing or will announce he is not filing charges and why. As for other officals (Mayor or counsel) I wouldn't expect much.

Please understand that any civil suit brought by the family is completely independent of the the criminal justice procedure.

 

[PrairieWind]

Interesting-- I didn't really think that not voting was an option, once a GJ was convened.

So then, is this simply a technique to get these statements officially into some kind of record that could be used at a trial in the future? Is the GJ transcript of their testimony admissible as evidence?

And does the GJ have any "discussion" with themselves, or the prosecutor about the testimony? Like a roundtable conversation? If so, is that part of the official record? Or are the GJ members just there, silent, as a mechanism to get the testimony on the record? What are your thoughts, Prairie Wind?

DA Freeman has said that any charging decision will be his, and he will not rely upon a grand jury. So, I assume the convening of a grand jury on his part is solely to use the subpoena power associated with the GJ. He will get his information and testimony and then at the end perhaps he will just dissolve the GJ prior to submitting the case to them for determination of true or no bill. If he were to submit it to them and they came back with a true bill and he didn't proceed with an indictment, or vice versa, I think would be political suicide. So, I don't think he will go that far.

There is a court reporter at Grand Jury proceedings and I do believe that testimony could be used to impeach a witness at trial if that person's testimony changed.

Jurors can ask questions generally (not sure specifically about Minnesota procedure) but they rarely do. This is the prosecutor's show. Now, he could get an indictment from the GJ almost for certain. In the federal system, which only uses Grand Juries to indict, there is a saying that a prosecutor could indict a ham sandwich. But getting an indictment is a lot different then winning a conviction. Freeman doesn't seem to want to bring charges that he isn't confidant that he can prevail on. And that is way it should be honestly. Initially I was a bit skeptical of his intentions, but I am more and more leaning towards giving him the benefit of the doubt right now.

 

[Bohemian]

I guess it depends upon what officials you are talking about. When DA Freeman has his information he will either announce what charges he is bringing or will announce he is not filing charges and why. As for other officals (Mayor or counsel) I wouldn't expect much.

Please understand that any civil suit brought by the family is completely independent of the the criminal justice procedure.

Thanks for your reply. Yes, I know about the independence but I think it would be her family’s choice to proceed. I watched the OJ trial and subsequent civil suit unfold.

 

[PrairieWind]

Thanks for your reply. Yes, I know about the independence but I think it would be her family’s choice to proceed. I watched the OJ trial and subsequent civil suit unfold.

I agree wholeheartedly. They should absolutely proceed with their civil suit regardless of the criminal proceedings, or lack thereof. This innocent woman was gunned down by an agent of the City of Minneapolis for no reason. There has to be accountability. The criminal process will only consider Noor. But the accountability goes much beyond and above him, and that, in my opinion, is why we hear crickets from other officials on this matter.

 

[K_Z]

From yesterday:

Justine Damond grand jury hearings begin as Minneapolis cops slam Super Bowl subpoenas

At least half a dozen police officers have appeared before a grand jury in Minneapolis as part of the investigation into the fatal police shooting death of Australian woman Justine Damond.

More than 30 police officers in Minneapolis have been subpoenaed to testify before the grand jury in the case.

"To say officers and their families were unhappy is an understatement," Police Officers Federation president Bob Kroll told the ABC.

The police union was initially unwilling to defend Mr Noor after the shooting but was unhappy dozens of officers had been subpoenaed for the grand jury hearings.

He described the manner in which officers were served (just days after the city hosted the Super Bowl — a large police operation where many local cops racked up hours of overtime) as "disrespectful" and "distasteful".

It was understood some of those officers would appear before the grand jury today.

The Police Officers Federation of Minneapolis briefed those who had been subpoenaed yesterday and said there was a lot of "confusion" and "nervousness" among the officers who had been served.

http://www.abc.net.au/news/2018-02-...egins,-cops-slam-super-bowl-subpoenas/9407298

BBM. As I commented months ago, it has been very obvious that the police officer's union, and the union representative, Bob Kroll, have been reluctant/ silent in their support for Noor. I've assumed that is because from their perspective, he not only killed an unarmed woman in her pajamas, but he very easily could have killed his partner. His partner's head and face was so close to the gun fired by Noor that Harrity probably had powder burns on his face/ uniform, as well as some degree of hearing loss.

Moreover, this seems to indicate that subpoenas are ongoing-- not just the first batch served from a couple weeks ago.