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	<title>Minnesota Independent &#187; Jason Andersen</title>
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		<title>No excessive force in Fong Lee shooting, jury rules</title>
		<link>http://minnesotaindependent.com/35763/no-excessive-force-in-fong-lee-shooting-jury-rules</link>
		<comments>http://minnesotaindependent.com/35763/no-excessive-force-in-fong-lee-shooting-jury-rules#comments</comments>
		<pubDate>Thu, 28 May 2009 19:55:22 +0000</pubDate>
		<dc:creator>Paul Demko</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Justice/Civil Liberties]]></category>
		<category><![CDATA[Courts]]></category>
		<category><![CDATA[Crime]]></category>
		<category><![CDATA[Fong Lee]]></category>
		<category><![CDATA[Jason Andersen]]></category>
		<category><![CDATA[Law Enforcement]]></category>
		<category><![CDATA[Minneapolis]]></category>
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		<guid isPermaLink="false">http://minnesotaindependent.com/?p=35763</guid>
		<description><![CDATA[<img class="alignleft size-thumbnail wp-image-35764" title="fong-lee2" src="http://minnesotaindependent.com/wp-content/uploads/2009/05/fong-lee2-112x150.jpg" alt="fong-lee2" width="112" height="150" />Minneapolis police officer Jason Andersen did not use excessive force when he shot Fong Lee eight times on July 22, 2006, a  jury ruled this afternoon. No damages will be awarded&#8230;]]></description>
			<content:encoded><![CDATA[<p><img class="alignleft size-thumbnail wp-image-35764" title="fong-lee2" src="http://minnesotaindependent.com/wp-content/uploads/2009/05/fong-lee2-112x150.jpg" alt="fong-lee2" width="112" height="150" />Minneapolis police officer Jason Andersen did not use excessive force when he shot Fong Lee eight times on July 22, 2006, a  jury ruled this afternoon. No damages will be awarded to Lee&#8217;s family, who filed the wrongful death lawsuit in federal court.</p>
<p>The 12-member, all-white jury deliberated for roughly six hours before determining that Andersen had not acted negligently in shooting the 19-year-old North Minneapolis resident. The week-long trial before U.S. District Court Judge Paul Magnuson featured 35 witnesses and competing narratives of what occurred on the night in question.<span id="more-35763"></span></p>
<p>Lee&#8217;s family argued in their lawsuit that he was unarmed and presented no threat to Andersen at the time he was gunned down. They also contended that the Russian-made handgun recovered at the scene was planted there by the police.</p>
<p>Attorneys for the City of Minneapolis countered that Lee was a dangerous gang member and that Andersen only opened fire because he legitimately feared for his life. He was awarded a Medal of Valor by the department for his conduct.</p>
<p>The jury apparently found the latter narrative to be more credible.</p>
<p>Minneapolis Police Chief  Tim Dolan issued a statement this afternoon hailing the court decision. &#8220;Officer Andersen acted with courage and integrity in fulfilling his duty to serve and protect the people of Minneapolis,&#8221; Dolan said. &#8220;Unfortunately, in return, the department and Officer Andersen have had to endure highly inflammatory accusations that have unfairly caused hardship for him and his family. We are pleased that Officer Andersen has been vindicated, and now hope that we can all move forward and heal as a community.&#8221;</p>
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		<title>Fong Lee case will head to jury</title>
		<link>http://minnesotaindependent.com/35556/fong-lee-case-will-head-to-jury</link>
		<comments>http://minnesotaindependent.com/35556/fong-lee-case-will-head-to-jury#comments</comments>
		<pubDate>Tue, 26 May 2009 22:39:36 +0000</pubDate>
		<dc:creator>Paul Demko</dc:creator>
				<category><![CDATA[Center Well]]></category>
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		<category><![CDATA[Slot 3]]></category>
		<category><![CDATA[Uncategorized]]></category>
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		<category><![CDATA[Crime]]></category>
		<category><![CDATA[Fong Lee]]></category>
		<category><![CDATA[Jason Andersen]]></category>
		<category><![CDATA[Jim Moore]]></category>
		<category><![CDATA[Law Enforcement]]></category>
		<category><![CDATA[Michael Brave]]></category>
		<category><![CDATA[Michael Graham]]></category>
		<category><![CDATA[Minneapolis]]></category>
		<category><![CDATA[Minneapolis Police Department]]></category>
		<category><![CDATA[paul magnuson]]></category>
		<category><![CDATA[Tina Schreiber]]></category>

		<guid isPermaLink="false">http://minnesotaindependent.com/?p=35556</guid>
		<description><![CDATA[Did Fong Lee have a gun on July 22, 2006, when he was shot eight times by Minneapolis police officer Jason Andersen? That's the crucial question that jurors should begin deliberating Wednesday.]]></description>
			<content:encoded><![CDATA[<div id="attachment_35590" class="wp-caption alignleft" style="width: 229px"><img class="size-full wp-image-35590" title="fong-lee" src="http://minnesotaindependent.com/wp-content/uploads/2009/05/fong-lee.jpg" alt="Fong Lee (Minneapolis Police Department)" width="219" height="292" /><p class="wp-caption-text">Fong Lee (Minneapolis Police Department)</p></div>
<p>Did Fong Lee have a gun on July 22, 2006, when he was shot eight times by Minneapolis police officer Jason Andersen? That&#8217;s the crucial question that a 12-member jury should begin deliberating Wednesday.</p>
<p>Attorneys for Lee&#8217;s family wrapped up their case Tuesday, arguing that the Russian-made handgun recovered at the scene was planted on Lee in order to cover up for Andersen&#8217;s fatal mistake. The City of Minneapolis then called just four witnesses in making the case that Andersen legitimately feared for his life and the shooting was justified. Closing arguments and jury instructions are slated for Wednesday morning.</p>
<p>After attorneys for Lee&#8217;s family had finished presenting their case, Minneapolis City Attorney Jim Moore argued that the lawsuit should be tossed out by U.S. District Court Judge Paul Magnuson because the plaintiffs had failed to present a credible case. But Magnuson quickly ruled from the bench that the case would proceed to a jury.</p>
<p>The city then presented its first witness, <a href="http://www.laaw.com/brave.htm">Michael Brave</a>, a veteran law-enforcement officer who has frequently consulted with police departments on proper procedures and training. Brave testified that Andersen was justified in using lethal force against Lee.</p>
<p>&#8220;Officers do not have to be shot before they can return fire,&#8221; he said. &#8220;That&#8217;s just not part of the job.&#8221;</p>
<p>Brave further testified that even if Lee didn&#8217;t have a gun, it doesn&#8217;t necessarily mean the shooting was excessive force. &#8220;If officer Andersen did reasonably believe he had a gun then the shooting is justified,&#8221; he said under cross examination.</p>
<p>Also taking the stand was Sgt. Michael Grahn, of the Minnneapolis Police Department. He arrived on the scene just minutes after Lee was killed. Surveillance video of Grahn standing by the bloody corpse was shown to the jury.</p>
<p>&#8220;I&#8217;m looking at a gun,&#8221; Grahn, testified, when asked what he was doing. &#8220;It was a unique looking gun.&#8221;</p>
<p>On cross-examination, however, attorney Michael Padden pointed out that there was no mention of a weapon in Grahn&#8217;s initial police report from that evening. &#8220;Your report doesn&#8217;t document seeing the gun, correct?&#8221; Padden asked. &#8220;Yes,&#8221; Grahn answered.</p>
<p>The final witness of the trial was Tina Schreiber. The North Minneapolis resident was enjoying a family barbeque at her residence at the time of the shooting.</p>
<p>&#8220;I heard somebody say, &#8216;Put the gun down,&#8217; three or four times,&#8221; Schreiber testified. That was quickly followed by gunfire.</p>
<p>But Schreiber was uncertain how many gunshots subsequently rang out and admitted that the details of the night are a bit hazy.</p>
<p>&#8220;All I know is I was in my backyard and there was a kid shot,&#8221; she said.</p>
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		<item>
		<title>Judge threatens mistrial in Fong Lee case</title>
		<link>http://minnesotaindependent.com/35273/judge-threatens-mistrial-in-fong-lee-case</link>
		<comments>http://minnesotaindependent.com/35273/judge-threatens-mistrial-in-fong-lee-case#comments</comments>
		<pubDate>Wed, 20 May 2009 18:25:44 +0000</pubDate>
		<dc:creator>Paul Demko</dc:creator>
				<category><![CDATA[Blog]]></category>
		<category><![CDATA[Civil Rights]]></category>
		<category><![CDATA[Justice/Civil Liberties]]></category>
		<category><![CDATA[Courts]]></category>
		<category><![CDATA[Crime]]></category>
		<category><![CDATA[Fong Lee]]></category>
		<category><![CDATA[Jason Andersen]]></category>
		<category><![CDATA[Michael Padden]]></category>
		<category><![CDATA[Minneapolis]]></category>
		<category><![CDATA[Minneapolis Police Department]]></category>
		<category><![CDATA[MPD]]></category>
		<category><![CDATA[paul magnuson]]></category>

		<guid isPermaLink="false">http://minnesotaindependent.com/?p=35273</guid>
		<description><![CDATA[Day two of the Fong Lee trial apparently started off exactly where it left off &#8212; with U.S. District Court Judge Paul Magnuson extremely pissed off. This morning he threatened to declare a mistrial in the civil case  and force&#8230;]]></description>
			<content:encoded><![CDATA[<div id="attachment_35287" class="wp-caption alignleft" style="width: 145px"><img class="size-thumbnail wp-image-35287" title="picture-8" src="http://minnesotaindependent.com/wp-content/uploads/2009/05/picture-8-135x150.png" alt="Judge Paul Magnuson" width="135" height="150" /><p class="wp-caption-text">Judge Paul Magnuson</p></div>
<p>Day two of the Fong Lee trial apparently started off exactly where it left off &#8212; with U.S. District Court Judge Paul Magnuson extremely pissed off. This morning he threatened to declare a mistrial in the civil case  and force the attorneys for Lee&#8217;s family to cover all costs of the proceeding, according to Rochelle Olson&#8217;s<a href="http://www.startribune.com/local/45484722.html?elr=KArksLckD8EQDUoaEyqyP4O:DW3ckUiD3aPc:_Yyc:aUac8HEaDiaMDCinchO7DUs"> excellent play-by-play</a> over at the Star Tribune.</p>
<p>The legal mischief started late yesterday afternoon when attorney Michael Padden, who is representing Lee&#8217;s family, flashed a photo of his bullet-riddled corpse on a projection screen in the courtroom. Lee&#8217;s family, who were seated in the courtroom, began to audibly sob. <span id="more-35273"></span></p>
<p>The problem with the grisly picture: it hadn&#8217;t been admitted into evidence and therefore shouldn&#8217;t have been shown to the jury. Padden claimed it was an innocent mistake.</p>
<p>Judge Magnuson apparently wasn&#8217;t buying it. &#8220;Let&#8217;s be candid,&#8221; Magnuson said. &#8220;You&#8217;ve lost my trust, and you&#8217;re going to earn it back. It&#8217;s as simple as that.&#8221;</p>
<p>Magnuson offered a similar tongue-lashing at the close of yesterday&#8217;s proceedings. <span id="default">&#8220;To spring something like that is incredible,&#8221; Magnuson told Padden, according to <a href="http://www.twincities.com/ci_12406531?IADID=Search-www.twincities.com-www.twincities.com">the account</a> by David Hanners, who has been relentlessly bird-dogging the case for the Pioneer Press. &#8220;And to spring something like that on a jury without it being in evidence is wrong. It&#8217;s wrong. It&#8217;s just the wrong thing to do.&#8221; </span></p>
<p>The civil suit stems from the 2006 shooting of Lee by Minneapolis police officer Jason Andersen at CityView Performing Arts Magnet school on the city&#8217;s North Side.  The 19-year-old was shot eight times and died at the scene. The cops insist that Lee was carrying a handgun and that Andersen only fired because he feared for his life. But the attorneys for Lee&#8217;s family contend that there was no such gun and that police planted the weapon after the fact to cover up the officer&#8217;s fatal mistake.</p>
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