Grand jury convened in Ruszczyk shooting case
A grand jury will be convened to gather evidence in the case against a US policeman who shot Australian Justine Ruszczyk.
The troubled investigation into the shooting death of Australian Justine Ruszczyk by a US policeman has taken another twist with a grand jury to be convened to gather evidence in the case.
The move shows that authorities are still struggling to make a prosecution case against policeman Mohamed Noor who shot the 40 year old dead as she approached his police car in her pyjamas in Minneapolis last July.
Grand jury investigations traditionally favour accused police officers but the family’s lawyers have still welcomed the move in the hope it sparks a breakthrough in the case.
“I and the family are happy that the Hennepin County Attorney is using every means at their disposal to get people to co-operate in this investigation and suffer the penalties of perjury if they lie to the grand jury,” the attorney for the family, Bob Bennett said.
“I question whether [witnesses] have been totally forthcoming or told the truth in whole.”
Mr Noor has refused to give evidence as is his legal right, but his police partner in the car on that night, Matthew Harrity, received a subpoena this week to testify before the grand jury.
“It came as a surprise,” Mr Harrity’s lawyer Fred Bruno said.
Mike Freeman, Hennepin County Attorney, has said previously he regretted using grand juries in the past to investigate police shootings because he believed the process lacked transparency.
But Mr Freeman, who will determine if charges are laid, admitted last month that he was struggling to make a case against Mr Noor and blamed the investigators
“I’ve got to have the evidence, and I don’t have it yet … Let me just say it’s not my fault. So if it isn’t my fault, who didn’t do their job? Investigators. They don’t work for me. They haven’t done their job,” Mr Freeman said when confronted by activists in Minneapolis asking why charges have not yet been laid.
Mr Freeman had initially promised that a decision would be made by the end of last year on whether to press charges but has since extended the investigation without placing a time limit on it.
At the time Mr Freeman said Mr Noor’s colleague, Mr Harrity - who will now appear before the grand jury - had been of little help.
“I have to prove beyond a reasonable doubt, the moment he shot the gun he feared for his life, and he used force because he thought he was gonna be killed. But he (Noor) won’t answer my questions … I can’t talk to her because she’s gone, and the other cop (Harrity) just gave us (expletive). So guess what, I’ve gotta figure out angles of the shot, gun residues, reckless use of force experts …”
Ms Ruszczyk was shot by Mr Noor at point blank range through the window of his police car after she had called 911 for help believing a sexual assault was occurring in the alley behind her house.
Mr Harrity claimed to have heard a loud sound near the car just before Ms Ruszczyk appeared.
There was no video of the shooting and no police officer in Minnesota has ever been convicted after a fatal shooting.
Cameron Stewart is also US Contributor for Sky News Australia
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