Federal judge: Police shooting victim Fong Lee's family won't get grand jury records — but can ask state courtBy David Hanners
dhanners@pioneerpress.comUpdated: 05/06/2009 11:43:59 AM CDT
story linkA 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.