MINNEAPOLIS _ The bullet that fatally struck Justine Ruszczyk Damond in a south Minneapolis alley two years ago pierced a major artery, and the would have been difficult to survive even with immediate medical intervention, a doctor testified Wednesday.
Jurors on Wednesday heard 911 audio and saw video and photos of the crime scene in the murder trial of former Minneapolis police officer Mohamed Noor, who is charged with killing Damond on July 15, 2017 after responding to her call about a possible rape behind her home. As the first pieces of evidence were introduced, so did disputes between the defense and prosecution.
On Wednesday afternoon, Assistant Hennepin County Medical Examiner Lorren Jackson testified that the bullet that struck Damond in her lower left abdomen pierced an artery that is the "primary branch" of the aorta before lodging in her vertebrae, causing her to lose a large amount of blood, and her mobility, quickly.
"With that loss of blood, even very quick would not be enough" to save Damond's life, Jackson testified.
Noor and his partner, Matthew Harrity, performed CPR on Damond immediately after the shooting. She was pronounced dead at the scene.
Earlier in the day, jurors heard audio of the 911 call, in which Damond said she heard "sex sounds" that had been "going on for a while" in the alley behind her house, but that she couldn't tell whether the woman making the noises was in danger.
"I think she just yelled out for help," she said at one point, before saying again that "I'm not sure" whether the woman was calling for help.
A dispatcher on the call told her that police were on their way, but when they didn't immediately show up, she called back a short time later to find out where they were.
"Hi, I just reported one but no one's here and was wondering if they got the address wrong," she is heard saying in a recording played for the court. "5024 Washburn Avenue South ... it's supposed to be Washburn Avenue South."
After confirming her identity, she is heard saying that the incident happened in "the lane behind the house," as the dispatcher assured her that police would be there shortly. Shortly afterward she was killed after Noor fired his weapon at her through the driver's side window of the approaching squad.
Prosecutors played video and displayed 66 photos of the crime scene in court, showing Damond covered in a white sheet with the top of her head exposed and her left hand and foot protruding beyond the sheet. Her iPhone, covered in a gold glittery case, lay near her feet.
Adam Castilleja, a special agent with the Minnesota Bureau of Criminal Apprehension who took the video and photos, also testified that there was a streetlight next to the front passenger seat of Noor and Harrity's squad. Noor was sitting in the passenger seat.
Castilleja said streetlights extended up the western side of the alley that Noor and Harrity had traveled before the shooting occurred. He described the lighting as "low" and "dim," but strong enough to illuminate faces so that he was able to identify a former colleague at the scene. Castilleja is a former Minneapolis police officer.
Assistant Hennepin County Attorney Amy Sweasy seized on the opportunity to further the prosecution's case that Noor acted unreasonably when he shot Damond, and that he should have taken "seconds" to identify her before acting.
"You didn't need any special light to see (an officer) there?"
No, said Castilleja, who arrived at the scene about 2 a.m. when it was still dark out.
Photos also showed that a back fence door to the south Minneapolis home Damond shared with her fiance was open, and that lights were on inside the home. Defense attorneys on Tuesday questioned her fiance, Don Damond, about possible routes from the home to the end of the alley.
Don Damond looked down while many of the photos were displayed. He testified Tuesday, and will be allowed to watch the rest of the proceedings. Justine's father, brother and another relative were also in attendance Wednesday.
Noor's father and other supporters were also present.
Castilleja also photographed a shell casing found just outside the front passenger door, along with close-up photos of the squad's interior.
After a midmorning break, Hennepin County District Judge Kathryn Quaintance warned journalists in attendance about complaints from court staff about the treatment of the victim's and suspect's family members in the public atrium. Staff had reported that family members had been "jostled" by camera staff from the media.
"It's dangerous, and it's also not polite," Quaintance said. "So, please speak with your people about that."
On Wednesday, defense attorney Thomas Plunkett filed a motion to exclude the body camera footage of lifesaving Noor and other officers performed on Damond, arguing that it is prejudicial. When Plunkett first mentioned Tuesday that he would consider filing the motion, he drew objections from Sweasy and skepticism from Quaintance regarding the timing of the motion.
Plunkett acknowledged in his motion that it should have been filed earlier, but wrote that "Unfortunately, the State's unwillingness to disclose its trial exhibits in advance of trial has created situation where counsel for Officer Noor is left to react to exhibits as the case progresses."
The accusation drew a strong response from Sweasy in court Wednesday.
"This continues to happen in public filings," she told the court. "We're tired of being accused of this."
In dispute was more than 85 pieces of evidence that may be presented at trial, including at least 17 body camera-shot videos from 13 officers, including Noor.
"In my 24 years, I have never given more notes to anybody in any case, including high profile ones," she said. "This is not a group project _ we're not gonna sit down at the end of the day and decide what we like."
Noor's attorney Peter Wold responded by saying that the defense was merely trying to reach an agreement on certain evidence. In particular, he said, the defense was concerned with the testimony of other officers who had been involved in police shootings and who "offered information to the prosecution that this was a different type of scene."
The prosecution called two witnesses in Wednesday's morning session. First up was Andrew DuBord, a digital forensic examiner with the state Bureau of Criminal Apprehension, who detailed how he had pulled call data from Damond's cellphone. The second witness was Scott Peterson, a senior application analyst with the City of Minneapolis, who testified about the intricacies of the 911 dispatch system.
Plunkett said he had no objection to the evidence, prompting assistant county attorney Patrick Lofton to snap: "Your honor, I'd like you to instruct counsel to stop acting like they haven't seen this stuff before."
Quaintance agreed, saying that she'd noticed a "pattern" of Noor's attorneys filing last minute motions concerning evidence that had been in their possession for months.
"The defense strategy appears to be waiting until the last minute to indicate their position on various things," she said. "It appears to be a pattern at this point."
Still, she agreed to hold off showing the body camera footage until she had an opportunity to review the relevant case law, but warned the defense that they would have to file motions in a timely fashion.
Noor has pleaded not guilty to second-degree murder with intent, third-degree murder and second-degree manslaughter. His trial is expected to last three to four weeks. It began April 1 with jury selection.
Defense attorneys have not said whether Noor will testify on his own behalf.
