Lawyers for former US cop Mohamed Noor fail to show up to recreate fatal Justine Damond shooting

Lawyers for Justine Damond’s accused killer cop wanted to recreate the murder scene. But they failed to show up.

Minneapolis police say representatives of a former officer who fatally shot an Australian woman last year didn’t show up to inspect a department Ford Explorer squad car after a judge granted the defence access for four hours Friday night.

Police spokesman John Elder said Saturday that Noor’s defence didn’t come to the police precinct during the 6pm until 10pm window allowed by the judge.

A lawyer for Noor declined to comment Saturday to The Associated Press.

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

Authorities say Noor fired past his partner, who was behind the wheel, as Damond approached the driver-side window. Noor’s attorneys have indicated he will plead not guilty to charges of second and third-degree murder and manslaughter.

A sunrise vigil for Justine Damond Ruszczyk on the anniversary of her death. Picture: Supplied

The news comes after a lawyer representing the Damond family described as “silliness” any plan to recreate the scene in snowy conditions.

Noor’s legal team told the court the moon on Friday will be in the same phase as July 15 last year when, just before midnight, Ms Damond approached Noor’s squad car in an alley near her home and was fatally shot by the officer.

Bob Bennett, the US lawyer who filed a $US50 million civil lawsuit on behalf of Ms Damond’s family against Noor, his partner Officer Matthew Harrity and the city of Minneapolis, said an attempt to replicate the scene “would only make sense when conditions can be replicated”.

The shooting happened in summer.

If a recreation went ahead on Friday, it would be in subzero conditions in Minneapolis’ bitter winter.

“Obviously, they can’t be replicated in December when there’s no leaves on the trees and there’s snow on the ground,” Mr Bennett told the Minneapolis Star- Tribune newspaper.

” … It’s all silliness.” Weather records indicate the city had a top temperature of 32 degrees Celsius on the day Ms Damond was shot and it cooled to around 18C when the bullet was fired.

Posters of Justine Ruszczyk Damond are displayed at a news conference for her family in Minneapolis. Picture: AP

The top temperature on Friday in Minneapolis was expected to be minus 6C and around minus 12C just before midnight.

Ms Damond called police fearing a woman was being raped after hearing screams near the alley behind her home.

When Noor’s squad car arrived, Ms Damond, unarmed and dressed in her pyjamas, approached Officer Harrity’s open window.

Noor’s lawyers asked for access to the SUV on Dec. 28 because the moon will be in the same phase as it was on the night in July 2017 when Damond was killed behind her home. The request was approved. Picture: Supplied

Noor, sitting in the front passenger seat of the police car, allegedly shot across his partner and out the window, striking Ms Damond in the stomach. Noor faces second- and third-degree murder charges at a trial in Minneapolis on April 1.

His lawyers noted in their request to gain access to a police vehicle for Friday’s tests the squad car Noor was in on the night of the shooting was not preserved.

They plan “to independently gather information, make measurements and allow testing and analysis” with the vehicle that is made available.

Originally published as Lawyers for former US cop Mohamed Noor fail to show up to recreate fatal Justine Damond shooting