Prosecutors seek to seal case files in Mohamed Noor murder case

A probable cause hearing in police officer's case is scheduled for Sept. 27.

September 20, 2018 at 12:04AM
Former Minneapolis police officer Mohamed Noor, left, appeared in Hennepin County District Court with his attorney, Thomas Plunkett but left court without entering a plea to the charges against him in the death of Justine Ruszczyk Damond Tuesday, May 8, 2018, in Minneapolis, .
Former Minneapolis police officer Mohamed Noor, left, appeared in Hennepin County District Court with his attorney, Thomas Plunkett in May. (Star Tribune/The Minnesota Star Tribune)

Prosecutors in the murder case against Mohamed Noor moved to seal thousands of pieces of evidence — from the fired Minneapolis police officer's psychological records to transcripts of grand jury proceedings — whose disclosure they contend would preclude a fair trial.

In a 10-page filing Wednesday afternoon, the Hennepin County Attorney's Office argued that the sealing was necessary to preserve the integrity of the judicial process.

"Public disclosure will have the irreversible effect of preventing the defendant from receiving a fair trial in this case and any other collateral legal proceedings," prosecutors said. Wednesday's filing was the latest in a flurry of motions by both sides leading up to a Sept. 27 probable cause hearing before Judge Kathryn Quaintance.

The memo argued that because investigative data entered into evidence in court becomes public, the motion requests that evidence be reviewed privately to ensure "that confidential data are not made public prematurely."A spokesman for the County Attorney's Office declined to comment. Thomas Plunkett, one of Noor's attorneys, also declined to comment.

Noor faces charges of third-degree murder and manslaughter in the shooting death of Justine Ruszczyk Damond last summer. Prosecutors say that Noor shot the 40-year-old Australia native from inside his police SUV while responding to her 911 call near her south Minneapolis home

Noor becomes the first police officer statewide in recent memory to be charged with murder for an on-duty killing. An appeal of his firing from the department has been put on hold pending the outcome of his criminal trial, union officials said.

Since the trove of evidence was "collected or created" by the state Bureau of Criminal Apprehension in preparation of the case, prosecutors argued that it should be considered "investigative data," whose release under state data practices law is allowed only once the investigation is closed.

The other evidence includes a police e-mail about off-duty work, seven grand jury transcripts, as well as body and dashboard camera footage and other case files from a May 2017 traffic stop in which Noor and a police colleague pulled their guns out on a motorist after pulling him over for a minor moving violation.

Libor Jany • 612-673-4064 Twitter:@StribJany

Justine Ruszczyk Damond and Don Damond. Photo courtesy of Don Damond.
Justine Ruszczyk Damond and Don Damond. (The Minnesota Star Tribune)
FILE - In this May 8, 2018, file photo, former Minneapolis police officer Mohamed Noor arrives at the Hennepin County Government Center for a hearing in Minneapolis. Noor is charged in the July 2017 shooting death of Justine Ruszczyk Damond, of Australia, who had called 911 to report a possible assault. Attorneys for Noor, the city of Minneapolis and others say civil proceedings should be delayed while Noor's criminal case is pending. A hearing is scheduled for Friday, Sept. 14, 2018. Attorneys
Noor (The Minnesota Star Tribune)
about the writer

about the writer

Libor Jany

Reporter

Libor Jany is the Minneapolis crime reporter for the Star Tribune. He joined the newspaper in 2013, after stints in newsrooms in Connecticut, New Jersey, California and Mississippi. He spent his first year working out of the paper's Washington County bureau, focusing on transportation and education issues, before moving to the Dakota County team.

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