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May 20, 2009 10:20 pm US/Central
Fong Lawyer Reprimanded For Showing Bloody Photo
ST. PAUL (WCCO) ―
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Fong Lee was shot eight times in a confrontation with police. (File)
CBS
The lawyer for the family of Fong Lee, who was shot eight times in a confrontation with police and is now at the center of a wrongful death lawsuit, was reprimanded for showing a graphic photo of Lee's bloody body on Tuesday.
Michael Padden, representing Lee's family in their wrongful death lawsuit against Minneapolis Officer Jason Andersen and the city of Minneapolis, was strongly reprimanded by Judge Paul Magnuson for showing the graphic scene photo.
Late Tuesday, Lee's family gasped and several wept openly after Padden, without warning, flashed a picture of Lee's bloody body on the TV monitors in the courtroom. Padden told the court he'd made a mistake, and Magnuson instructed the jury to disregard what they'd seen.
But after the jurors left for the day, the judge issued a stern admonition to the attorneys, saying it was one of the most "offensive and difficult" things he'd ever witnessed in a courtroom.
Magnuson said Padden "lost my trust" and told him if he tried "stunts" like that again, he would declare a mistrial, and Padden would be taken off case and would have to pay all the costs of attorneys.
Padden, in brief interview outside court, said it was an unintended mistake and blamed it on fatigue. He promised nothing like that would happen again in court.
Andersen took the stand for about two hours on Wednesday. He testified that he shot Lee after Lee took off running, armed with a gun, when he stopped to talk with him and some of Lee's friends while out on patrol in North Minneapolis in July 2006.
Anderson said Lee ignored repeated orders to drop his gun during a chase on school playground that lasted about 30 seconds. He said he shot Lee eight times because "I felt like my life was in jeopardy."
He also testified that he never planted a gun at the scene. When a city attorney asked him why he didn't grab Lee's gun after he had been fatally shot, Andersen testified, "I never wanted anyone to say I put it there."
Lee's parents sat a few feet away from the 32-year-old officer as he calmly described his version of his confrontation with their son. He said he told Lee to drop the at least 10 times.
The family also was in the courtroom when that same graphic crime scene photo that was shown on Tuesday was officially entered as evidence on Wednesday. The judge told the family they could stay or leave but wanted them to be prepared that it would be shown.
The jury also heard from a woman who supervises the Minneapolis Police Department property room. She identified evidence inventory sheets for two different guns -- one recovered next to Fong Lee and one police say was recovered back in 2004 and mistakenly identified then as belonging to Dang Her, who is actual owner of gun found next to Lee.
A grand jury cleared Andersen in the shooting. Minneapolis Police Chief Tim Dolan strongly denies any officer planted a gun and said he looks forward to proving that in court.
The trial is expected to last at least a week or two. Outside the courtroom, Padden said he won't put a figure on the actual and punitive damages Lee's family is seeking until his closing arguments.
(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
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