MINNEAPOLIS (WCCO) — A lawyer for former Minneapolis police officer Mohamed Noor has asked the Minnesota Supreme Court to overturn his third-degree murder conviction in the death of Justine Ruszczyk Damond. The decision could have a potential impact on other cases.
At a remote hearing, the defense asked that Mohammed Noor’s murder conviction be tossed.READ MORE: Minnesota’s 3rd-Degree Murder Law At Issue In Ex-MPD Cop’s Appeal: ‘Mohamed Noor Did Not Act With A Depraved Mind’
“Mohamed Noor did not act with a depraved mind nor was he indifferent to human life,” attorney Caitlynrose Fisher argued.
Whatever decision the Supreme Court makes, it may impact the prosecutions of the officers in the George Floyd and Daunte Wright cases. In April, former officer Derek Chauvin was convicted on three counts in Floyd’s death.
Former Brooklyn Center officer Kim Potter is charged with manslaughter for shooting and killing Wright during a traffic stop in April. Protesters are demanding she be charged with murder instead.
Criminal Defense Attorney Joe Tamburino says it’s possible prosecutors might try to charge Potter with third-degree murder if the Supreme Court upholds the Noor case.READ MORE: WCCO Exclusive: Juror On Mohamed Noor Trial Talks For The First Time
“Of course they could. The Attorney General’s Office could amend Ms. Potter’s complaint and she could be charged with third-degree murder,” he said.
If Noor’s conviction is upheld, it could also mean an additional third-degree murder charge for the three officers still to go on trial in the death of Floyd. Currently Tou Thao, Thomas Lane and J. Alexander Kueng are charged with aiding and abetting second-degree murder and manslaughter.
“The more counts you have in your complaint, the more shots you have on getting a conviction,” Tamburino said.
A decision to overturn the verdict would result in Mohamed Noor, who is currently serving 12 and a half years in prison, only having to serve four years for his manslaughter conviction.
If the case is overturned, the third-degree murder conviction against Derek Chauvin would also be thrown out. However, his second-degree murder conviction would still stand.
A decision by the Supreme Court won’t come for several months.