Prosecutors want some Noor evidence kept private before Ruszczyk shooting trial
Hennepin County prosecutors say some evidence in the case against former Minneapolis police officer Mohamed Noor is confidential data and shouldn't be disclosed publicly before the trial for the shooting of Justine Ruszczyk, who's also known with the surname Damond.
Prosecutors said in a court filing Wednesday public disclosure of the documents could prevent Noor from receiving a fair trial, and that some of the material is so comprehensive that it goes beyond the issue of probable cause. The evidence they'd withhold includes grand jury testimony, body camera videos and performance review documents.
But the prosecution has already released pieces of evidence from its investigation, including a May 2017 incident when Noor pulled over a suspect and "the first thing he did was point his gun at the driver's head."
The defense responded with additional details, arguing that it's important to also note favorable behavior Noor showed during his time on the force.
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Noor faces third-degree murder and second-degree manslaughter charges in the shooting death of Ruszczyk in July 2017 after she called 911 to report a possible sexual assault near her home. The former Minneapolis officer is scheduled to be in court Sept. 27. He has not yet entered a plea, though his attorneys have signaled he'll plead not guilty.
The defense and prosecution have argued for and against the dismissal of the charges — and whether there is probable cause to support the "depraved mind" element of the third-degree murder charge. They've released information about his training, psychological evaluation and prior incidents.
According to the Wednesday filing, the court has directed both parties to submit all evidence they've referenced in their arguments and asked them to address the issue of public disclosure.
"The admissibility of the information in these materials at trial may be another issue entirely," prosecutors wrote. "Premature disclosure of them now could unfairly prejudice the jury pool in this extremely high profile case."
In January, Hennepin County Attorney Mike Freeman convened a grand jury for investigative purposes. He'd previously told a group of union members at a holiday party that there wasn't enough evidence to charge Noor and that Bureau of Criminal Apprehension investigators "didn't do their jobs."
A 100-page transcript of a grand jury testimony is an example of confidential data that the court could review but not disclose publicly, prosecutors argued. Another is an email regarding part-time employment. Prosecutors also list a total of seven grand jury testimony transcripts they'd like to keep from the public for now.
"The supplemental information also contains names and addresses of civilian witnesses and names of other MPD (Minneapolis Police Department) officers who would undoubtedly be contacted by the media if this information were prematurely released without protection in place."
The defense has not yet filed a response.
Defense Attorney Thomas Plunkett declined to comment. A spokesperson for the Hennepin County Attorney's Office also declined to comment.