MINNEAPOLIS (AP/WCCO) — Attorneys for a former Minneapolis officer who fatally shot an Australian woman last year asked a judge for permission to inspect on Friday the police vehicle from which the shot was fired, and on Friday afternoon the judge responded.

Mohamed Noor’s lawyers asked for access to the SUV on Friday because the moon will be in the same phase as it was on the night in July 2017 when he shot Justine Ruszczyk Damond.

On Friday, Hennepin County judge Kathryn L. Quaintance said the city “does not object to making a squad car available for examination,” but added that the city would object to any testing that would damage the vehicle.

Authorities say Damond had called police to report a possible sexual assault happening in an alley behind her Minneapolis home but was shot as she approached Noor and his partner’s patrol vehicle. Damond was unarmed.

Noor’s attorneys said in a written request that they wanted an opportunity “to independently gather information, make measurements and allow testing and analysis” as part of their own examination. They said access to the vehicle would be “most helpful.”

Noor’s attorney, Peter Wold, declined to comment on the planned examination or the importance of moon phases. The moon would be about 60 percent full Friday night, but the forecast called for partly cloudy skies.

Noor has declined to speak with investigators about the shooting. But his former partner, Matthew Harrity, told them that he and Noor “got spooked” when Damond approached in the darkness . Noor, who was in the passenger seat, fired past his partner, who was behind the wheel, as Damond approached the driver-side window.

Noor’s attorneys have argued he acted reasonably because he feared he was in danger. They have indicated he will plead not guilty to charges of second- and third-degree murder and manslaughter. He remains free on bail ahead of a trial scheduled to begin April 1.

Noor was fired from the Minneapolis Police Department in March on the same day he was charged. His union is appealing his dismissal.

Damond was a 40-year-old life coach and dual Australian-U.S. citizen who had been living in Minnesota with her finance for more than two years.

Her father, John Ruszczyk of Sydney, Australia, has filed a $50 million civil rights lawsuitagainst Noor, the city and others. That case has been put on hold while the criminal case proceeds.

(© Copyright 2018 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)


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