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Susan Linehan's avatar

thanks for the view from the trenches we thought might be done with. It appears that for 1st degree murder, Minnesota requires a grand jury. I gather it also usually uses one for officer involved shootings. All the more reason to be patient while the Minnesota cops do their job

Kristin M. Cano's avatar

Thank you for your in depth analysis and for the comparison to the Rodney King federal prosecution.

Susannah's avatar

Cogent writing and thorough, stepwise analysis as usual from Harry Litman. Such a pleasure to read, particularly for attorneys who know the difference between compelling legal writing and the pedantic or argumentative mediocrity that so often gets filed in court cases.

Anne Lockwood's avatar

Thank you for this evenhanded, factual, non-inflammatory, non-partisan review of the event. So helpful!

Jeff Lazar's avatar

Thank you for a sparkling clear and brilliant analysis!

Jon Margolis's avatar

Thank you, Harry. As a trial lawyer, but not a criminal lawyer, I appreciate your perspective, experience and expertise.

I'd point out something that I have not seen discussed: There is no statute of limitations on murder, and although I don't know Minnesota law, I suspect strongly that the statute for a lesser offense, such as manslaughter, is five years or more. So, state authorities do not have to move quickly to indict or charge, although obviously they need to be vigorous in investigating and preserving evidence. But my point is that if the Department of Justice is re-born in 2029 as part of an administration that respects the Constitution and rule of law, there will still be an opportunity to prosecute the officer, and any others with criminal responsibility.

Andrew S.'s avatar

So in essence, after a Dem takes office as president, the DOJ could provide all the materials to MN for a prosecution. Good. Let's bookmark this!

Susan Cox's avatar

Yes, it breaks down on partisan lines, but independent voters see it as unjustified. And even some Republicans per polling. (I’ll bet even more do, but are unwilling to say so—-it’s a cult.

Sabrina Wood's avatar

I’ve had tons of evidence to convince me Republicans are a vile breed; seeing how they give a thumbs up to this killing really drives it home.

John Lucken's avatar

I don’t know if it’s possible, but Minnesota should file suit against DOJ for obstruction of justice for withholding evidence related to this shooting as well as violating Good’s Civil Rights, by not transparently investigating it.

Nancy Munro's avatar

Thank you so much for this analysis -- very helpful thanks to your experience with the Rodney King case.

RandomHuman's avatar

Did I read that Jonathan Ross had been in a somewhat similar situation before, and been dragged by a car and injured? Are we meant to sympathize with his reactions due to this? Or, as I believe, was he being willfully ignorant and putting himself at risk again, and then reacting out of fear or ptsd or something? If so, I have no sympathy. Why did he do again, exactly what he had done before, in error? The murder is shameful; the repeating past behavior that caused injury is just stupidity, or lack of training, or murderous intent. Revenge. Not professional. Deadly foolish.

Fred Krasner's avatar

"Why did he do it again...?" From what I've read on Substack platforms, Ross' wife had left him for another woman. For many men that would be a slap in the face, or a punch to the gut; totally unacceptable behavior from a lesser creature. His resentment quotient was sky high as he approached Ms. Good's vehicle.

RandomHuman's avatar

His ex dodged a bullet, huh. Too bad Renee Good was not so lucky. Sad.

BJones's avatar

I hope all that evidence that the feds aren't sharing doesn't somehow get disappeared or damaged.

Elizabeth Fenlon's avatar

Thank you so much for your exacting analysis, Mr. Litman. You make it easy to follow. I love how your mind works, and how you articulate the facts. This and all your essays are why I’m a paid subscriber. Thank you.,

Wunsix's avatar

Another carefully measured and fascinating analysis on this deeply troubling event. Thank you.

NanceeM's avatar

If MN does ultimately prosecute, I hope they refer to your summary as a guide. I heard a law enforcement "expert" on CNN who said the NYT video did not change his mind that this was a shoot that fell within the parameters of justified action. His comments were ludicrous. Ross was standing in front of the car with his hand on the hood to keep her from driving forward. He wasn't obligated to move since he was pursuing her arrest for obstruction. At that point I turned the TV off.

My understanding is that obstruction would have to involve physically impeding ICE in performing their duties. What legitimate duties were they engaged in on that street that day? How were they impeded? I distinctly saw Ms. Good turn the steering wheel sharply to the right before shots were fired. Once she was incapacitated, the trajectory of the car confirms that, as the vehicle proceeded down the street, away from her murderer and his cohorts.

It's interesting that more than a week later we're hearing that the victim was shot 4 times, only once in the head. That increases the argument against the shooter since at least the head shot was likely from the side window, where there was clearly no danger to anyone else.

Call me suspicious, but I watched Ross casually stroll down the street and back after the killing and before he left the scene. Any trip he took to the hospital was to support his bogus claim of injury. Perhaps he bruised his own torso for "evidence."

Charles Welsh's avatar

Caution is good. Let’s just hope they don’t pull a Merrit Garland and wait 2 or 3 years before doing anything.

janinsanfran's avatar

To a non-legal observer, the case is sealed by obvious motive: there's a subset of men who become part of "law enforcement" who feel in their guts that uppity women are an offense to the natural order. Especially lesbians. And eradicating these women can be a duty, possibly a heroic one. A chaotic, conflict dense situation brings all that to the fore. Kerr seems to be such a guy. Hence he committed the murder.