Former Minneapolis police officer Mohamed Noor, center, is accompanied by his attorneys Peter Wold, not pictured, and Thomas Plunkett, right, as he walks towards the Hennepin County Government Center for opening arguments of his trial Tuesday, April 9, 2019, in Minneapolis Opening arguments scheduled to begin in the trial of former Minneapolis police officer Mohamed Noor in the shooting death of Justine Ruszczyk Damond. (David Joles/Star Tribune via AP)
MINNEAPOLIS (AP) — Prosecutors could introduce body camera video as early as Wednesday in the trial of a former Minneapolis police officer who fatally shot an unarmed woman, allowing jurors to see footage that didn’t capture the shooting but shows attempts to save the woman.
Mohamed Noor and his partner did not have their body cameras turned on when Noor shot Justine Ruszczyk Damond, a dual citizen of the U.S. and Australia. She was shot just minutes after she called 911 to report a possible assault in the alley behind her home in July 2017, and the officers switched on the cameras after the shooting.
The judge hearing the trial initially ruled that the footage would be shown only to the jury, citing Damond’s privacy and the fact that the footage shows her partially unclothed as the officers try to resuscitate her. The judge relented Monday after a challenge led by media outlets.
Noor, 33, is charged with murder and manslaughter in Damond’s death. In opening statements Tuesday, his attorney said Noor was reacting to a loud noise and feared an ambush, calling the shooting “a perfect storm with tragic consequences.”
Noor and his partner were rolling down a dark alley in response to the 911 call from Damond when a bicyclist appeared in front of them and they heard “a bang,” defense attorney Peter Wold said.
“It is the next split second that this case is all about,” Wold said.
Noor fired a single shot, killing Damond, whose death rocked both countries and led to changes in the Minneapolis Police Department. The shooting came just two weeks after an officer in New York was ambushed and killed in a parked vehicle.
Attorneys for Noor, who was fired after being charged in the case and has never talked to investigators about what happened, argued that he used reasonable force to defend himself and his partner from a perceived threat. But prosecutors say there is no evidence he faced a threat that justified deadly force.
Prosecutor Patrick Lofton, in his opening remarks, questioned a statement from Noor’s partner, Matthew Harrity, that he heard a thump right before the shooting. Lofton said Harrity never said anything at the scene about such a noise, instead mentioning it for the first time some days later in an interview with investigators.
Investigators found no forensic evidence to show that Damond had touched the squad car before she was shot, raising the possibility that she had not slapped or hit it upon approaching the officers, Lofton said.
Besides Noor and Harrity not having their body cameras on until after the shooting, other officers who responded to the scene did not consistently have their cameras switched on either, Lofton said.
A sergeant taking statements had her camera on when she talked to Harrity, but it was off when she talked to Noor.
“We’ll never hear what he said,” Lofton said.
Damond, 40, was a life coach who was engaged to be married in a month. Noor is a Somali American whose arrival on the force just a couple of years earlier had been trumpeted by city leaders working to diversify the police force.
Damond called 911 twice that night, then called her fiance and hung up when police arrived, Lofton said. One minute and 19 seconds later, she was holding her wounded abdomen and saying, “I’m dying,” Lofton added.
Damond’s fiance, Don Damond, was the first witness for prosecutors. Damond sobbed as he described calls from investigators the night of Justine’s death, saying he wasn’t told an officer had shot her until a second phone call.
He said calling Justine’s father in Australia was “painful, and traumatic, and the worst phone call I’ve ever had to make in my life.” Members of Justine’s family from Australia, including her father, stepmother, brother and sister-in-law, were in the courtroom Tuesday. Her father cried during portions of Damond’s testimony.
Justine Damond had taken her fiance’s name professionally before their marriage.
Noor’s attorneys have not said whether he will testify. If he does, prosecutors may be able to introduce some evidence that the defense wanted to keep out of the state’s case, including that he has refused to talk to investigators. They also could bring up a 2015 psychological test that showed Noor disliked being around people and had difficulty confronting others. Despite that test, a psychiatrist found him fit to be a cadet officer.
The shooting raised questions about Noor’s training. The police chief defended Noor’s training, but the chief was forced to resign days later. The shooting also led to changes in the department’s policy on use of body cameras.
By AMY FORLITI
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