Family of Fong Lee files appeal for new trial

Lee's parents
Fong Lee's mother, Youa Vang Lee, and his father Nou Kai Lee, outside the federal courthouse in St. Paul Thursday afternoon. Fong Lee was killed by a Minneapolis police officer in 2006, and a federal jury rejected the family's claim that the officer used excessive force in the shooting.
MPR Photo/Tim Post

Today the family of Fong Lee filed a request for a new trial. Last week a jury ruled that Minneapolis police officer Jason Andersen did not use excessive force when the officer shot and killed Lee in 2006.

Lee family attorneys said the jury's verdict was based on "sympathy, passion, prejudice." They criticized pre-trial motions made by Judge Paul Magnuson which they say hurt their case - namely allowing testimony about Lee's gang membership.

The lawyers also accuse Magnuson of creating an atmosphere of fear for them in the courtroom. The charge is based on stern reprimands Magnuson made after family lawyer Michael Padden quickly placed a picture of Lee's bloody corpse on video screens in the courtroom. The picture had not been entered into evidence and Padden gave little warning before presenting it.

Minneapolis City attorney Jim Moore declined to comment.

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