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Saturday, June 06, 2009

Lee family seeks new trial in civil suit over shooting

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Anonymous Star Tribune said...

Last update: June 5, 2009 - 9:23 PM

The family of Fong Lee on Friday requested a new trial, saying last week's verdict in a civil suit was "tainted by improper passion, prejudice and connotations of street thug gangs."

A federal jury decided May 28 that the Minneapolis police officer who shot and killed 19-year-old Lee acted within the law.

The family's attorneys outlined several reasons for a new trial in a motion filed in federal court Friday:

• It says the court should not have allowed testimony that Lee was a gang member. "In essence, the gang information nullified Fong's life and its value in the eyes of the jury," the motion states.

• It also criticizes Judge Paul Magnuson's decision to keep a forensic expert from testifying, his "suggestive" instructions to the 12-person jury and his "temper" in court.

• Finally, it says the verdict simply "cannot be reconciled with the evidence presented."

A city spokesman could not be reached for comment Friday.

Lee was killed by police officer Jason Andersen in 2006, and since then Lee's family has maintained that he was gunned down without justification. Police said Andersen -- who testified that he had feared for his life -- acted heroically.

In court, much of the arguments turned on whether Lee was armed at the time of the shooting.

JENNA ROSS

4:26 PM  
Anonymous Anonymous said...

Get the Cop!

9:26 AM  

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