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 Suit alleges Minneapolis cops planted gun by man they killed 
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PostPosted: Mon Apr 13, 2009 1:34 pm 
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Traveler wrote:
You have to admit the some of the medal awards in the past few years have gone a long way to negating any positive worth in them. If I were employed by that department, and was selected to be honored with a medal, my instincts would be to decline. I would not want to be defined by my associations in that case.


That's exactly what I was getting at. Well worded, Traveler.

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PostPosted: Thu May 07, 2009 7:09 am 
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Federal judge: Police shooting victim Fong Lee's family won't get grand jury records — but can ask state court
By David Hanners
dhanners@pioneerpress.com
Updated: 05/06/2009 11:43:59 AM CDT
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A judge on Wednesday said Hennepin County prosecutors don't have to give secret grand jury transcripts to lawyers for the family of Minneapolis police shooting victim Fong Lee.

U.S. Magistrate Judge Janie Mayeron said the lawyers' subpoenaed the wrong person — an assistant county attorney — and they should have filed their request in state court instead of federal court.

Mayeron said she would consider the request again, though, if the attorneys get turned down by a state court.

Michael Padden, one of the attorneys representing the dead man's family, said he'd probably file a request in state district court in Hennepin County later today.

"We'll probably physically go over there right now," he said moments after the hearing ended in a St. Paul courthouse.

Fong Lee, 19, was shot and killed by Minneapolis Police Officer Jason Andersen on July 22, 2006. Andersen and his partner said Fong Lee ran from them while carrying a gun, and Andersen said he shot the teen when it appeared he was turning and raising his arm to fire at the officer.

Fong Lee's parents and siblings have filed suit in federal court against the officer and the city, claiming he was shot without reason. Padden and co-counsel Richard Hechter have said there is evidence that Fong Lee was unarmed, and that the gun police said was found near his body was planted there after the shooting.

The civil trial is to begin May 18. Attorneys are to meet May 11 to discuss a settlement.

The Minneapolis Police Department's Internal Affairs Unit cleared Andersen of any wrongdoing within 10 days of the shooting. Months later, the case was later presented to a Hennepin County grand jury.

That panel, whose proceedings are secret, returned a "no-bill" on June 28, 2007, finding that the shooting was justified and that Andersen acted appropriately.

Authorities have not revealed whether Andersen testified before the grand jury. Padden and Hechter have sought the transcripts to see who appeared before the panel and what they said under oath.

They served a subpoena on Marlene Senechal, who heads adult prosecutions for the Hennepin County Attorney's Office. Another assistant county attorney, Toni Beitz, told Mayeron during the hearing that Senechal was not the right person to subpoena for the records.

Rather, she said, the subpoena should have gone to the judge who impaneled the grand jury.

But Beitz also argued that grand jury proceedings have been secret for centuries and there was no reason to change that now.

"Minnesota comes before this court with a strong record of not having a policy of releasing grand jury transcripts," she said.

Padden told Mayeron why he believed the transcripts were important, but she quickly questioned whether Senechal was the right person to subpoena and whether they were right to not pursue their request in state court before going to federal court.

"Why shouldn't I follow the procedure that's been followed by every other federal court?" Mayeron asked.

Padden acknowledged she was right, but said they had sought the records from Senechal because they didn't know the identities of the court reporter who transcribed the grand jury proceedings, nor did they know the name of the judge who oversaw the grand jury.

"If the state judge denies your request, then you may return to this court," Mayeron told him.

David Hanners can be reached at 612-338-6516.


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PostPosted: Tue May 12, 2009 9:12 pm 
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[urlhttp://www.startribune.com/local/stpaul/44750822.html?elr=KArks:DCiUoaW_eEO7UiacyKUUr[/url]

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By STAFF and WIRE REPORTS
Last update: May 12, 2009 - 12:48 AM

A settlement conference in the Fong Lee case produced no agreement Monday, so his family's lawsuit remains set to go to trial next Monday.

The 19-year-old man was shot and killed by police officers after a foot chase outside Cityview Elementary School in Minneapolis in July 2006. The Lee family alleges in a wrongful-death lawsuit that officers planted a gun next to Lee's body. Minneapolis Police Chief Tim Dolan has denied that, and police say Lee had a gun in his hands when he was shot eight times.

Lawyers for the family and the city of Minneapolis met for two hours with a federal magistrate judge. The attorneys would not comment on what was said in the closed proceedings or why a settlement was not reached.

But Michael Padden, an attorney for the family, says they are looking forward to having their day in court and are confident the evidence is on their side.

Abouot 200 members of the Hmong community rallied outside the Warren E. Burger Federal Courthouse in St. Paul on Monday in support of the family.


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PostPosted: Wed May 20, 2009 8:53 pm 
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http://www.startribune.com/local/45484722.html?page=1&c=y


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PostPosted: Fri May 29, 2009 12:09 am 
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Police officer not guilty; Fong Lee family vows to continue fight

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Lee's family and supporters express anger at the acquittal and the judge. The family says its quest isn't over.

By ROCHELLE OLSON, Star Tribune

Last update: May 29, 2009 - 12:05 AM
The Minneapolis police officer who shot and killed 19-year-old Fong Lee in 2006 acted within the law, a federal jury decided Thursday, rejecting a lawsuit's allegations that police planted a gun and orchestrated a coverup.

After nearly six hours of deliberations the jury answered a single question: Did officer Jason Andersen, who claimed Lee had a gun, use excessive force when he shot Lee eight times during a foot chase? The jury said no, so there was no need for it to consider further questions, such as how much money would compensate the slain man's family.


<snip> <snip>

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PostPosted: Fri May 29, 2009 5:28 am 
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I think that what this means is that the jury didn't buy the story of the planted gun. I'm guessing that the jury had no idea what to believe at the conclusion of the trial, because the evidence was unclear and contradictory.

It is difficult to imagine what the family can do next, unless you count stomping their feet and maybe jumping up and down a little bit.


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PostPosted: Fri May 29, 2009 5:43 am 
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MostlyHarmless wrote:
I think that what this means is that the jury didn't buy the story of the planted gun. I'm guessing that the jury had no idea what to believe at the conclusion of the trial, because the evidence was unclear and contradictory.

It is difficult to imagine what the family can do next, unless you count stomping their feet and maybe jumping up and down a little bit.


Federal suit. Alleging the officer violated his civil rights, by shooting him.

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PostPosted: Fri May 29, 2009 5:56 am 
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I dunno. Maybe the gun was found by Fletcher's office in the glove compartment of one of those cars?

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PostPosted: Fri May 29, 2009 10:12 am 
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chunkstyle wrote:
MostlyHarmless wrote:
I think that what this means is that the jury didn't buy the story of the planted gun. I'm guessing that the jury had no idea what to believe at the conclusion of the trial, because the evidence was unclear and contradictory.

It is difficult to imagine what the family can do next, unless you count stomping their feet and maybe jumping up and down a little bit.


Federal suit. Alleging the officer violated his civil rights, by shooting him.


That was a federal trial.

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PostPosted: Fri May 29, 2009 4:26 pm 
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tman065 wrote:
chunkstyle wrote:
MostlyHarmless wrote:
I think that what this means is that the jury didn't buy the story of the planted gun. I'm guessing that the jury had no idea what to believe at the conclusion of the trial, because the evidence was unclear and contradictory.

It is difficult to imagine what the family can do next, unless you count stomping their feet and maybe jumping up and down a little bit.


Federal suit. Alleging the officer violated his civil rights, by shooting him.


That was a federal trial.


Ah. My oversight. Then there really is no where else for them to go, except appeal, which seems unlikely.

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"Man has the right to deal with his oppressors by devouring their palpitating hearts." - Jean-Paul Marat


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