If this doesn't make your your blood boil, I don't know what will.
http://www.twincities.com/ci_12033266
Lawsuit: Minneapolis cops planted pistol on teen after they gunned him down
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Posted: 03/31/2009 12:01:00 AM CDT
The handgun found near a teenager shot and killed by a Minneapolis police
officer in 2006 could not have been carried by the teen, new court
documents allege: It had last been in possession of police before it
was found next to the body of Fong Lee.
The court filings in a lawsuit filed by Fong Lee's family
against Minneapolis police and the officer who fired the fatal shots,
along with a review of police reports, witness statements and other
documents, raise the possibility that Fong Lee was unarmed when an
officer shot him eight times — and that the pistol that officers said
they found near his body was placed there after the shooting.
The gun in question had been recovered earlier after a burglary
and turned over to police, who kept it as evidence and had never
returned it to its owner.
Moreover, Minneapolis police "may have tried to deliberately
alter history by writing new reports indicating the gun recovered near
Fong Lee's body was not the same gun" that had been recovered after the
burglary, according to Richard Hechter, a lawyer representing Fong
Lee's family, wrote in an affidavit filed in U.S. District Court on
Monday.
"The evidence supports a claim of planting a gun, especially
since irrefutable video evidence and eyewitness accounts establish Fong
Lee did not have a gun at the time he was killed."
The video evidence referred to by Hechter came from security cameras outside a school near the chase and shooting.
Attorney James Moore said he couldn't comment on a pending case, but police
spokesman Sgt. Jesse Garcia said the shooting was justified and the
officer, Jason Andersen, was cleared by a grand jury.
"As with all officer-involved shootings, it's a very unfortunate
incident, but being a police officer, there are times when deadly force
is justified in the protection of their life and the life of others,"
said Garcia.
He also denied any conspiracy in the police department to plant a gun or alter evidence.
"As for conspiracy, they might as well start that affidavit with the words, 'Once upon a time,' " Garcia said.
Andersen could not be reached for comment. Minneapolis Chief of
Police Timothy Dolan was out of town and also could not be reached for
comment, the spokesman said.
Hechter and law partner Michael Padden declined to discuss
details of the case, but they issued a statement saying that in light
of the evidence they've found in the case so far, the facts about the
gun "are not surprising at all."
POLICE SAY SHOOTING WAS JUSTIFIED
The death of Fong Lee, 19, sparked outrage in the Hmong
community, but police said their own inquiry showed the shooting was
justified. Fong Lee's parents filed suit against the city and the trial
is to begin May 1 in U.S. District Court in Minneapolis. The family
claims new evidence raises questions about the city's claim that the
shooting was justified.
On July 22, 2006, Fong Lee was among a group of youths riding
their bicycles near Cityview Performing Arts magnet school in the 3300
block of North Fourth Street when Andersen and his partner, Minnesota
State Patrol Trooper Craig Benz, began following them in their patrol
car.
Andersen said that he saw one of the youths pass a gun to Fong
Lee (Benz said he couldn't tell what the object was) and when they sped
up to try and stop the bicyclists, the patrol car struck Fong Lee's
bicycle and he fell down and then took off running.
Andersen claimed that during the brief foot chase around the
school, Fong Lee was carrying a pistol in his right hand and refused
the officer's commands to drop the gun. Andersen said that when the
teen turned and raised his arm as if to fire the weapon, the officer
fired four shots; three struck Fong Lee.
The teen fell to the ground, but still refused to drop the gun,
Andersen said. Fong Lee raised his arm again and Andersen said he
feared for his life and shot him five more times.
When other officers arrived, they found Fong Lee dead, lying on
his back with his arms outstretched. A Russian-made Baikal .380-caliber
semi-automatic pistol lay about three feet beyond his left hand,
according to police reports.
No fingerprints or DNA evidence was found on the weapon, according to police reports.
In a press conference two days after the shooting, Dolan
displayed the gun and officials said the fact Fong Lee was armed —
along with claims he was a gang member with a criminal record — gave
credence to the officer's claim the shooting was justified.
Andersen was placed on administrative leave, routine in such
cases. Dolan reinstated him July 24, a day before the officer gave his
formal statement to the department's homicide detectives.
The case was later presented to a grand jury, which took no
action. On Monday, Hennepin County Attorney Michael Freeman declined
comment through a spokeswoman.
GUN'S OWNER SAYS COPS KEPT IT
But the affidavits raise new questions about the handgun
recovered from the scene. According to initial police records and
documents the city has turned over to lawyers for Fong Lee's parents,
the pistol had been in police custody since 2004 and had never been
returned to the man from whose home it was stolen in a burglary.
The gun was kept at the Fourth Precinct, the same precinct
Andersen was assigned to, the documents say. The officer who handled
the burglary call earlier was also the first officer to arrive on the
scene after Lee's shooting, according to police records.
When police traced the serial number of the weapon seized after
the shooting, they found it had been owned by a Minneapolis man named
Dang Her. Two police sergeants went to speak with Dang Her, but
according to an affidavit he filed Monday, he told them that police had
had the gun since February 2004.
That month, Dang Her reported that his home had been broken
into and that the gun had been stolen. A few days later, police were
called to the 2700 block of Russell Avenue North after some children
found a loaded handgun in a snowbank.
"While checking the serial number, Officer (Tony) Adams
discovered that the handgun was taken from a burglary" of Dang Her's
residence, according to a Minneapolis police report by then-Sgt.
Michael Fossum, who has since been promoted to lieutenant. Fossum said
that on Feb. 27, 2004, he called Dang Her and told him "that officers
had recovered his stolen handgun."
In his affidavit, Dang Her says that in that February 2004
call, Fossum told him they had identified the gun through its serial
number, and the sergeant told him the gun would be returned to him
after the criminal cases against the burglary suspects were concluded.
Both suspects pleaded guilty in plea bargains later that year, but Dang Her said he was never notified about it.
"Sgt. Fossum never returned the gun to me that year," Dang Her said in the affidavit. "The gun never was returned to me."
REPORT CITES DIFFERENT WEAPON
Two days after Fong Lee's death in 2006, Minneapolis police Sgt.
M. Keefe asked federal officials to trace "Fong Lee's Russian-made
Baikal .380 pistol, serial #BHE2281," and a report he wrote notes that
it had been stolen from Dang Her. Two days later, the sergeant and
another officer spoke to Dang Her, and he told them the police had
recovered the gun in February 2004.
The plaintiffs allege that a week after the Fong Lee shooting,
police realized they had a problem with the provenance of the gun.
On Aug. 1, 2006 — 10 days after the fatal shooting of Fong Lee
— Fossum wrote a supplemental report in which he claimed the gun found
in the snowbank was a Belgian-made FNH 7.65-caliber handgun and hadn't
belonged to Dang Her.
In his affidavit, Hechter claims the evidence shows
"intentional and separate widespread and high-level constitutional
violations."
"The evidence is supportive of the fact that the defendants had
the alleged second (stolen) gun in their possession since 2004, never
disclosed this information and, following the shooting, may have tried
to deliberately alter history by writing new reports indicating that
the gun recovered near Fong's body was not the same gun recovered and
allegedly traced (by serial number) to Dang Her in 2004," Hechter
wrote.
David Hanners can be reached at 612-338-6516.