Mohamed Noor Attorneys Want Charges Dismissed, Hearing Scheduled for Thursday

September 27, 2018 08:02 AM

During a hearing scheduled for Thursday, September 27, a judge will consider whether the criminal case against former Minneapolis police officer Mohamed Noor should go forward. He's charged with 3rd degree murder and 2nd degree manslaughter in the shooting death of Justine Damond last summer.

Today's hearing revolves around motions filed by Mohamed Noor’s attorneys, who want the charges against him dismissed.

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RELATED: Mohamed Noor’s Attorneys File Response Disputing State’s Claims of Red Flags

Noor's attorneys argue he acted reasonably when he shot Justine Damond near her South Minneapolis home, last July.

In court filings-- Noor’s attorneys say he ”reacted to a dark alley in the middle of the night, a voice, a thump on the squad, a body appearing at the driver's side window” and the startled announcement of fear by Officer Matthew Harrity as he reached for his firearm, and that he “aimed and fired” once at the specific person standing in the squad window.

RELATED: Prosecution Seeks to Seal Evidence in Noor Case

But prosecutors are taking issue with these statements, as Noor never spoke to investigators about what happened.

They say the statements could have only come from Noor himself, and should be considered as admissions. So they want to know where these statements came from.

RELATED:Attorney: Mohamed Noor Won't Testify in Civil Case Until Criminal Case Closes

Otherwise,  prosecutors want them dropped from consideration or entered as evidence to show Noor’s use of force was unreasonable.

Noor's defense attorneys disagree, and say there is no probable cause for the charges against him.

The hearing is scheduled to begin at 1:30 p.m. KSTP will report updates from the courtroom online, and tonight on 5 Eyewitness News.

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Tracy Maher

Copyright 2018 - KSTP-TV, LLC A Hubbard Broadcasting Company

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