Justine Damond Ruszczyk’s killer files appeal against murder conviction

Prison officials have moved former cop and convicted murderer Mohamed Noor to a prison in North Dakota for safety reasons.

Prison officials have moved former cop and convicted murderer Mohamed Noor to a prison in North Dakota for safety reasons.

Prison officials have moved former cop and convicted murderer Mohamed Noor to a prison in North Dakota for safety reasons. Source: AAP

The former Minneapolis police officer who shot dead Australian life coach Justine Damond Ruszczyk in an alley has made a move for freedom with his lawyers, citing potential "prosecutorial misconduct", filing an appeal against his murder and manslaughter convictions.

The appeal comes as Mohamed Noor,
Mohamed Noor walks to the podium to be sentenced. He is now appealing his conviction.
Mohamed Noor walks to the podium to be sentenced. He is now appealing his conviction. Source: AAP
Noor, 33, had been in Minnesota's Oak Park Heights prison near his family and friends, but last week was transferred to a facility 720km away in North Dakota.

"The issue on appeal is whether the district court erred by limiting Mr Noor's right to present a complete defence, allowing the State of Minnesota to engage in prosecutorial misconduct, improperly instructing the jury on murder in the third degree and allowing charges to go to the jury which were not supported by probable cause," Noor's lawyers Thomas Plunkett and Peter Wold wrote in the appeal lodged in Minnesota's Court of Appeals on Tuesday.
Justine Damond Ruszczyk was shot dead after calling 911 about a possible sexual assault.
Justine Damond Ruszczyk was shot dead after calling 911 about a possible sexual assault. Source: AAP
Noor shot dead Ms Damond Ruszczyk two years ago after she called police after hearing a woman's screams near an alley at the rear of her Minneapolis home.
When Ms Damond Ruszczyk approached Noor's police vehicle he fired across his partner in the vehicle and out the driver's side window, hitting her in the stomach.

He testified he feared he was being ambushed.

Noor was found guilty in a Minneapolis court in April of third-degree murder and second-degree manslaughter.
Former Minneapolis police officer Mohamed Noor, after he turned himself in to the Hennepin County Jail, in Minnesota.
Former Minneapolis police officer Mohamed Noor, after he turned himself in to the Hennepin County Jail, in Minnesota. Source: Hennepin County Sheriff's Office
Ms Damond Ruszczyk, a 40-year-old originally from Sydney's northern beaches, moved to Minneapolis after falling in love with American casino executive Don Damond.

Ms Damond Ruszczyk's family filed a civil lawsuit against the city of Minneapolis and received $US20 million ($A28.44 million) just days after the guilty verdicts.

Noor faces a perilous existence in prison as a former police officer.
The Minneapolis Star-Tribune reported on Tuesday that Noor was moved to a prison in Bismarck, North Dakota, last week.

Minnesota Department of Corrections (DOC) spokeswoman Sarah Fitzgerald told the newspaper there had been no incidents involving Noor's safety that forced the move.

Although, she added the "totality of his circumstances, including his role as a police officer, were taken into account when determining the best placement for his safety".


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3 min read
Published 17 July 2019 10:28am
Updated 17 July 2019 1:17pm


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