MN - Philando Castile, 32, fatally shot by police officer, 6 July 2016 #2

[yllek]

Here's some background on Judge Leary.

The head judge for Ramsey County District Court’s civil division has been assigned to preside over the trial of St. Anthony police officer Jeronimo Yanez.

In November, Leary issued an order allowing transgender people on medical assistance the right to gender transition surgeries, lifting a decadelong ban by the state.

Leary is a 1979 graduate of William Mitchell College of Law, and alumnus of the University of St. Thomas. Leary is chairman and on the board of HOPE International Adoption and Social Services and the Office of Conciliation, St. Paul-Minneapolis Archdiocese.He was an attorney at Geraghty, O’Loughlin & Kenney, P.A. from 1980 to 2002. http://www.startribune.com/new-judg...se-in-shooting-of-philando-castile/409682535/
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I think the judge is going to have his hands full on this one; flooded with motions from the defense and requests from the press.

In regards to the lawyers representing the state and the defendant.......the case has been characterized as the prosecution Dream Team vs. the defense Dream Team. http://www.startribune.com/dream-te...n-police-shooting-courtroom-battle/402186185/

 

[yllek]

Squad Car Video -- Public Release Ruling

The Minnesota chapter of the American Civil Liberties Union filed a lawsuit in September demanding release of the squad car video, arguing that the video is presumed to be public data and refusing to release it violated the state data practices act.

Today, Judge Leary disagreed, ruling that the video is not public while an investigation is under way. He said the investigation is not over because St. Anthony police officer Jeronimo Yanez faces a manslaughter charge in Castile’s death.

In his seven-page ruling, Leary also said it doesn’t appear the benefits of releasing the video would outweigh the potentially greater benefit of disclosing the information at trial.

While noting that there has been considerable public comment about the case so far, Leary wrote: “A disclosure of the recordings at this time would most certainly invite additional comment and disagreement, and most likely harm the integrity of the criminal case and deprive the officer of a fair trial within this community.”

http://www.twincities.com/2017/01/0...squad-car-video-in-philando-castile-shooting/

 

[jkly]

Squad Car Video -- Public Release Ruling

The Minnesota chapter of the American Civil Liberties Union filed a lawsuit in September demanding release of the squad car video, arguing that the video is presumed to be public data and refusing to release it violated the state data practices act.

Today, Judge Leary disagreed, ruling that the video is not public while an investigation is under way. He said the investigation is not over because St. Anthony police officer Jeronimo Yanez faces a manslaughter charge in Castile’s death.

In his seven-page ruling, Leary also said it doesn’t appear the benefits of releasing the video would outweigh the potentially greater benefit of disclosing the information at trial.

While noting that there has been considerable public comment about the case so far, Leary wrote: “A disclosure of the recordings at this time would most certainly invite additional comment and disagreement, and most likely harm the integrity of the criminal case and deprive the officer of a fair trial within this community.”

http://www.twincities.com/2017/01/0...squad-car-video-in-philando-castile-shooting/

BBM... So they seem to think the video will make the officer look bad?

 

[yllek]

BBM... So they seem to think the video will make the officer look bad?

Based on DA Choi's announcement that Officer Yanez was being charged, the squad car (dash cam) video evidence helped convince the prosecutor that the officer had not acted appropriately or reasonably during his encounter with Philando. http://www.startribune.com/ramsey-c...nnounce-update-in-castile-shooting/401484635/

My inference from Judge Leary's ruling is that he doesn't want to release the actual footage and reignite the public discussion because he wants to minimize influencing the potential jury pool.

 

[al66pine]

BBM... So they seem to think the video will make the officer look bad?

Based on DA Choi's announcement that Officer Yanez was being charged, the squad car (dash cam) video evidence helped convince the prosecutor that the officer had not acted appropriately or reasonably during his encounter with Philando. http://www.startribune.com/ramsey-c...nnounce-update-in-castile-shooting/401484635/
My inference from Judge Leary's ruling is that he doesn't want to release the actual footage and reignite the public discussion because he wants to minimize influencing the potential jury pool.

yes, yllek, influencing jury pool, agreeing w you on that ^.

Also a point that applies to video in these situations:
LE or DA releasing the vid - whether LE dash/badge/lapel cam or private surv vid - gives 'suggestible' witnesses an opportunity to review the vid, then re-tailor their stmts to LE or testimony in court to comport w the vid, e.g., to change from previous their previous stmts, in small details or big picture.

So I understand why the judge ruled, not compelling vid release pre-trial. JM2cts.

 

[yllek]

Riot Charges against Protesters Dismissed

Snip:
While police swept up and arrested 102 people who had blocked Interstate 94 in St. Paul on July 9, eventually charging 47, prosecutors provided no evidence that any of them, individually, threw rocks, cement and bottles at police officers, District Judge G. Tony Atwal wrote in a ruling filed Wednesday, 11 January 2017.

Atwal granted a motion, filed by attorneys representing the defendants, to dismiss the riot charges. There was no probable cause for such a charge, he said.

The 47 protesters were also charged with public nuisance and unlawful assembly, lesser charges that Judge Atwal said could proceed.

Among the original 47, a number have pleaded guilty to lesser charges in exchange for dropping the riot charge. St. Paul City Attorney Samuel Clark said Wednesday night that he stands by that philosophy.

“We’re reviewing the order,” Clark said. “In the meantime, we continue to believe that our offers to each of the defendants, which has been to plead guilty to one of the misdemeanor charges, were reasonable given the conduct, and the order doesn’t really change that belief.”

In November, the city estimated the protests had cost the city more than $1.9 million.

http://www.twincities.com/2017/01/12/judge-throws-out-riot-charges-in-philando-castile-protests/

 

[yllek]

Today the Prosecution presented its rebuttal to the Defense's motion to dismiss the case against Officer Yanez.

Essentially, the Defense claims that Philando caused his own death through negligence because he was stoned and thus didn't follow the officer's commands. In addition, the Defense claims Philando lied on his application for a Conceal Carry permit because he didn't declare that he was a marijuana user.

The Prosecution rebutted that Philando, in fact, followed Yanez's commands fully and still got shot 7 times by an officer who reacted unreasonably to the knowledge that a gun was present in the car. The Prosecution contends that it is for a jury to evaluate the evidence and determine whether Yanez's use of deadly force was criminal.

The Defense has until Feb 8th to file a response to the Prosecution's rebuttal and Judge Leary is expected to rule on the motion to dismiss on Feb 15th.

Based on all the known facts of the case, I think and hope that Judge Leary will deny the motion to dismiss.

Full story: http://www.twincities.com/2017/01/1...onth-on-motion-to-drop-castile-shooting-case/

 

[jkly]

Today the Prosecution presented its rebuttal to the Defense's motion to dismiss the case against Officer Yanez.

Essentially, the Defense claims that Philando caused his own death through negligence because he was stoned and thus didn't follow the officer's commands. In addition, the Defense claims Philando lied on his application for a Conceal Carry permit because he didn't declare that he was a marijuana user.

The Prosecution rebutted that Philando, in fact, followed Yanez's commands fully and still got shot 7 times by an officer who reacted unreasonably to the knowledge that a gun was present in the car. The Prosecution contends that it is for a jury to evaluate the evidence and determine whether Yanez's use of deadly force was criminal.

The Defense has until Feb 8th to file a response to the Prosecution's rebuttal and Judge Leary is expected to rule on the motion to dismiss on Feb 15th.

Based on all the known facts of the case, I think and hope that Judge Leary will deny the motion to dismiss.

Full story: http://www.twincities.com/2017/01/1...onth-on-motion-to-drop-castile-shooting-case/

I agree. This isn't going to just go away without a trial.

 

[yllek]

Judge Williams denied the defense's request to dismiss the case today.

He said the fact that Philando had THC in his system was not a defense for Yanez.

Yanez's attorney said that Yanez's actions were 'intentional and justified' because the gun was accessible and Philando reached for it (which is disputed by audio, the witness, and the prosecutors).

A key focus of the trial will be whether Officer Yanez ever saw the gun during the fatal encounter.

The next hearing is scheduled for Feb. 27.

Story: http://www.dailymail.co.uk/news/art...stile-shooting-trial-proceed-judge-rules.html

 

[yllek]

Officer Yanez pleaded not guilty to second-degree manslaughter and two other charges at his hearing yesterday.

The trial is currently scheduled to begin on May 30th.

http://www.npr.org/sections/thetwo-...lando-castile-shooting-case-pleads-not-guilty

 

[K_Z]

Philando Castile’s Fmr. Girlfriend Charged With Hammer Assault

The victims said Reynolds punched her in the head while Blair grabbed her hair. She says Reynolds pulled out a hammer and hit her in the head, causing her to fall to the ground. She said she blacked out briefly, then came back to consciousness to find Reynolds continuing to strike her with the tool.

She says she tried to get away when Reynolds started hitting her car with the hammer, but she was soon confronted by 25-year-old Dyamond Richardson, who allegedly sprayed her with bear mace before the group fled the parking lot.

The victim, 25, suffered serious injuries and was taken to Regions Hospital.

Reynolds is charged with a count of second-degree assault with a dangerous weapon and a count of third-degree assault inflicting substantial bodily harm. She could face up to 12 years in prison if convicted on both counts.

http://minnesota.cbslocal.com/2017/03/03/diamond-reynolds-arrest/

Diamond Reynolds, girlfriend of Philando Castile, accused of assault with a hammer

In a criminal complaint filed by Washington County prosecutors, the 24-year-old victim told St. Paul investigators she was driving near Johnson Parkway and Magnolia Avenue when a silver SUV made a U-turn to follow her. She pulled into Jessamine Lane. She said Reynolds and another woman came at her and Reynolds punched her in the head. At some point in the scuffle, the victim said Reynolds hit her in the head with a hammer and smashed her vehicle's windshield.

The victim was taken to Regions Hospital. The criminal complaint said she identified the three women from photo lineups. St. Paul police say Reynolds was arrested on Thursday.

The Ramsey County Attorney, citing a conflict, referred the case to Washington County. The Ramsey County Attorney is prosecuting the Yanez case.

https://www.mprnews.org/story/2017/...-philando-castile-accused-assault-with-hammer

Diamond Reynolds, two others charged in alleged hammer attack on woman

Reynolds punched the 24-year-old victim in the head with a closed fist and Blair grabbed her hair. At one point, Reynolds hit the woman in the head with a hammer, causing her to fall to the ground. While the victim was on the ground, Reynolds continued to hit her in the head with a hammer, causing her to black out for a moment.

The victim told police, Reynolds then with the hammer hit the victim's car's windshield, breaking it. While the woman tried to get up, another vehicle pulled up and Dyamond Richardson got out and started spraying bear mace at the victim, who started to run away.

Reynolds, Richardson, and Blair then left in two vehicles.

The victim identified the three women in a photo lineup.

http://www.fox9.com/news/239395880-story

Diamond Reynolds, two others charged in alleged hammer attack on woman

Prosecutors on Friday charged Diamond Reynolds with felony assault in an alleged hammer attack on a woman in St. Paul.

One of the woman told police “there was a continuing conflict between her and” a friend of Tuesday’s assault victim. In February, Reynolds “specifically” threatened “to come after the victim” in a Facebook post, according to the criminal complaint.

The Ramsey County attorney’s office asked Washington County to handle the case to avoid a conflict of interest. Reynolds is listed as a victim and witness in Ramsey County’s case against officer Yanez.

Reynolds’ attorney could not be reached for comment Friday. She is scheduled to make her first court appearance in the case Monday.

http://www.twincities.com/2017/03/0...irlfriend-arrested-in-alleged-hammer-assault/

 

[jkly]

Great. She's a stupid idiot and she ruined everything she and Philando's friends and family had been working towards. All they have to do is put her on the stand and bring up her history of violence and there's no way any jury will rule unanimously that Officer Yanez had no reason to fear for his safety.

There goes all hope of justice for Philando now, who I do believe was genuinely wronged.

Oh well. I don't care anymore.

Our country is growing more and more damaged everyday. I could go into why, but this is the wrong forum for that. Suffice it to say, we're too divided to achieve any sort of satisfactory verdict regarding anything. If you look at Dalia Dippolito's most recent trial, video evidence of someone of paying an undercover cop to kill their husband and claiming they are five thousand percent sure they want their husband dead isn't even enough to convince a jury to convict someone of attempted murder, so maybe Philando never really had a chance anyway.

BTW, the poor woman she threatened and then attacked with a hammer has my sympathy.

 

[K_Z]

I started a new thread for Diamond Reynolds. She is currently charged with 2 felony assault charges, faces 12 years in prison, and has bail set at $90,000. She is due in court Monday, March 6 for her arraignment.

Here's the link to the new thread:

http://www.websleuths.com/forums/sh...do-Castile-GF-charged-in-felony-hammer-attack

 

[K_Z]

Yanez attorneys file change of venue motion in Castile case

ST. PAUL, Minn. - Attorneys for the St. Anthony Police officer charged in the shooting death of motorist Philando Castile have filed for a change of venue for his upcoming trial.

In the motion Yanez's defense team asserts the flurry of news stories that followed the fatal shooting were:

Slanted against him, written and voiced on the air with nary a mention of due process, the presumption of innocence, the importance of a trial, the jury, or of what the defense will be. Instead, Mr. Castile’s death was more often than not, indeed instantly, categorized as one of perverse racial profiling.

Yaenz's team also cites Governor Mark Dayton's comments while addressing Black Lives Matter protestors that the Castile shooting was race-based. "Shocked and horrified by what occurred last night, a horrible horrible tragedy, a senseless tragedy,” it quotes the governor as saying. “Would this have happened if the driver and passenger were white? I don’t think it would have.

http://www.kare11.com/news/local/ya...nge-of-venue-motion-in-castile-case/422786952

http://www.twincities.com/2017/03/1...fficer-in-philando-castile-manslaughter-case/

“The media coverage and protests have never suggested an iota of fault in Mr. Castile’s conduct. That one- sidedness is “potentially prejudicial,’” the memo reads. “When viewing coverage as a whole, it’s too easy for a potential juror to believe Officer Yanez arrived at, and then stepped over, the criminal fault line.”

Specifically, the motion says “the media has portrayed Castile as an obedient African American male who has been racially profiled his entire life,” casting the 32-year-old in a “false light” while simultaneously suggesting Yanez, who is Latino, was influenced by Castile’s race when he made the decision to shoot him.

That narrative could disrupt jurors’ ability to impartially weigh the facts, which will show that “Castile… reached for his loaded gun, was told not to, reached, was told not to, reached,” before Yanez, in fear for his life, decided to fatally shoot him, the memo says.

The memo was one of a flurry of motions and legal documents filed Tuesday. Others asked for the dismissal of the manslaughter charge facing Yanez and that the statement the officer made to Bureau of Criminal Apprehension agents about the shooting be suppressed.

Another asks that the “opinion evidence” from Jeffrey Noble be excluded from trial. Noble was consulted by the Ramsey County Attorney’s office about whether to file criminal charges against Yanez for his conduct.

A hearing on the motions will take place April 4.

http://minnesota.cbslocal.com/2017/03/15/change-of-venue-philando-castile/

 

[K_Z]

Jeronimo Yanez’s defense seeks evidence of bias in Philando Castile shooting

Attorneys for the St. Anthony police officer charged in the fatal shooting of Philando Castile are seeking access to any state evidence that might help or hurt their case.

In a motion filed Friday, defense attorneys asked the court to order prosecutors to “disclose both evidence impeaching and favorable to the defense.”

Specifically, Jeronimo Yanez’s team of attorneys requested evidence indicating any bias of witnesses the state might call in the case as well as all information pertaining to whether a witness was under the influence at the time of their relevant observations, the motion reads.

It also asks the state to disclose evidence related to witnesses and Castile’s past criminal activity, including any cases that may have been pending against Castile at the time he was fatally shot by Yanez.

The order further seeks all information about prosecutors’ retention of Jeffrey Noble as an adviser in its decision to charge Yanez in Castile’s death.

The defense also has said in legal motions that Castile had THC in his system at the time of his death and is thus culpable for what happened.

Reynolds was recently charged with second- and third-degree assault for allegedly attacking a woman with a hammer. Her attorney has said she is innocent and intends to fight the charges.

http://www.twincities.com/2017/03/1...vidence-of-bias-in-philando-castile-shooting/

 

[Woodland]

Seems to me lawyers for Yanez knew their motion would appear in the media today, giving potential jurors a peek at what will be their version of events while at the same time insisting all prior media coverage is untrue.

http://www.twincities.com/2017/03/1...fficer-in-philando-castile-manslaughter-case/

 

[dizzychick]

wonder what will come of the cop due to this, bet they are all cheering, too bad

 

[K_Z]

If ever there was a case to be made to change venue, this is a perfect example of one that should be granted swiftly.

The governor's outrageous public comments, along Rep. Keith Ellison's comments, should be enough to change venue-- let alone the riots, protests, and extremely biased LOCAL news reporting against Yanez in particular, and against police in general. If the judge doesn't grant a change of venue, and Yanez is convicted, there is a really strong case to be made to overturn on appeal, IMO.

Change of venue will benefit the prosecution, too-- jurors in another location are less likely to know the star witness is under felony indictment for attacking a woman with a hammer.

I think a COV is very reasonable, under these circumstances. Hope the judge agrees to a new venue. Ramsey county is far too toxic (and dangerous) of an environment for this trial, IMO.

Yanez's attorneys argue in the filing that the case has become an "omnipresent spectacle."

"The news stories were, in our reading, slanted against him, written and voiced on the air with nary a mention of due process, the presumption of innocence, the importance of a trial, the jury, or of what the defense will be," according to the filing.

Yanez's attorneys also cite comments on news sites that were critical of Yanez, as well as protests that occurred following Castile's death. It also argues that statements about the case from Gov. Mark Dayton, President Barack Obama and U.S. Rep. Keith Ellison suggested Yanez is guilty.

The attorneys argued that the case be moved away from the governor's home, prominent news outlets and the site of a memorial for Castile in Falcon Heights.

What does a judge consider in a change of venue request?

The judge will consider testimony, media reports and other documents to determine whether it's likely that jurors in the county where the case was filed already have pre-judged the defendant.

Standard media coverage of a case hasn't typically justified moving the trial, Martin said. When judges have approved the request, it's often been because influential figures in the community or people in positions of authority have made comments that convinced the pool of people from which the jury will be selected that the defendant is guilty before the trial has even started.

"Just plain media coverage, that's normally not enough," Martin said.

"The reason we ask for changes of venue in certain cases is we feel like we've hit a threshold where everybody's been tainted, pretty much, or that so many people have been tainted that there's an atmosphere of hostility toward the defendant," Wiley said.

That's a problem, she said, because jurors are "supposed to be making their decision based on the evidence they heard in the courtroom, and only in the courtroom."

How often is a request to move a case granted?

Change of venue requests aren't uncommon, but they aren't often granted. According to available state court records, only a handful of criminal cases have been moved in Minnesota since 2010. All those cases originated in more sparsely populated counties outside the Metropolitan area.

When these motions are granted, it is typically in cases originating in sparsely populated areas. That's partly because people in less-populous counties have a higher likelihood of being directly affected by a crime, but also because it's more likely that they get their news about a crime from talking to people close to it.

What happens if a judge grants the change of venue?

If a judge concludes that, in order for a defendant to get a fair trial, his or her case must be moved to another county with another jury pool, all the proceedings of the court case happen in the new county. The judge is responsible for deciding where to move the case, although the party making the motion can propose locations.

All court records from the case will be transferred to the new court. If the defendant is in custody, the court may order that he or she be transferred to the custody of the sheriff in the county now handling the case.

Typically, the judge and attorneys in the case remain the same. Moving the trial can also be a headache for judges and attorneys, because they'll have to travel to the courthouse where it's been moved for the trial.

(BBM)

https://www.mprnews.org/story/2017/03/15/officer-trial-castile-shooting-change-of-venue

 

[Woodland]

Agree there is an argument for a change of venue for the trial.

Putting a detailed account of the defense version of events in that motion though is strange imo - that can't possibly be a requirement for filing a COV motion.

Including such details in a public document ahead of trial does come across as using the media for the purpose of further tainting a jury pool - fair play I guess.

 

[silverkitty]

Including such details in a public document ahead of trial does come across as using the media for the purpose of further tainting a jury pool - fair play I guess.

Fair play? How is attempting to taint the jury pool fair play?