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Report from meeting with Londregan expert witness released
The full two-page report in which expert witness Jeff Noble shared his opinion that Trooper Ryan Londregan’s force was reasonable is now an exhibit in the case.
MINNEAPOLIS — When defense attorneys for Minnesota State Trooper Ryan Londregan revealed in court filings that the use-of-force expert retained by prosecutors opined that Londregan acted reasonably – it wasn’t long before a spokesperson for the Hennepin County Attorney’s Office fired back.
“The defense has selectively quoted a partial sentence of a lengthy document provided to them in the course of the confidential discovery process,” said HCAO spokesperson Nicholas Kimball in a statement to KARE 11. “The cherry-picked sentence excludes critical facts where the expert acknowledged information he would need to fully analyze the case.”
Days after that exchange, KARE 11 News has obtained the full two-page report summarizing the October 13, 2023, meeting between expert witness Jeffrey Noble, Hennepin County Attorney Mary Moriarty and six members of her staff. Londregan’s defense team filed the report as an exhibit last week and Judge Tamara Garcia signed an order granting a copy to KARE 11 News, ruling pretrial exhibits are “presumed to be open to any member of the public” with court discretion.
The exhibits establish that Noble signed a contract with the Hennepin County Attorney’s Office on Aug. 21, 2023, to review the shooting death of Ricky Cobb for a rate of $450 per hour and a total cost not to exceed $25,000.
During the Oct. 13 meeting, Noble told prosecutors his two primary issues for his review were whether Trooper Londregan’s use of deadly force was reasonable at the moment it was used, and whether the actions of Londregan and Trooper Brett Seide’s prior to the shooting were reckless such that they created an unreasonable danger which resulted in Trooper Londregan using deadly force, the report said.
Regarding whether the troopers’ actions prior to the shooting created the danger resulting in the shots:
“Mr. Noble acknowledged that, even if Trooper Seide should not have entered Mr. Cobb’s vehicle (because he created the danger to himself), Trooper Londregan still was authorized to reasonably respond to the danger to Trooper Seide,” the report reads.
Regarding the use of force itself:
“Mr. Noble offered that, if Trooper Londregan shot Mr. Cobb simply to prevent him from fleeing, he would deem the use of deadly force to be unreasonable. However, Mr. Noble stated that his opinion would change if Trooper Londregan shot Mr. Cobb because he feared for Trooper Seide’s safety,” the report said.
Kimball’s criticism of the defense filing noted Noble’s lack of knowledge of Minnesota’s newest use-of-force statute, and the absence of a statement from Londregan. Here are how those two issues are addressed in the report.
- “Regarding the reasonableness of Trooper Londregan’s actions, Mr. Noble acknowledged that the review is complicated by Trooper Londregan’s refusal to provide a statement. When officers do not provide statements, we do not know their actual reasoning. Specifically, here, we do not know whether Trooper Londregan fired at Mr. Cobb because he feared for his safety or Seide’s safety or simply because he did not want Mr. Cobb to flee.”
- “Mr. Noble was asked whether, given these potential alternatives (i .e. doing nothing or focusing on encouraging Seide to exit the car), the use of deadly force was “necessary” at the time it was used, as the term “necessary” is used in Minn. Stat. 609.066., Mr. Noble acknowledged that the word “necessary” is complicated and tricky, and it is unclear what state legislatures mean when they include it in their use-of-deadly-force statutes. Mr. Noble stated that he could not offer an opinion on what “necessary” means under Minnesota Statute.”
When they argue the case to a jury at trial, all indications point to prosecutors focusing heavily on the word “necessary.” Minnesota law says in part “the use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary: (1) to protect the peace officer or another from death or great bodily harm.”
WATCH BELOW: Londregan appeared in court on March 21:
In the criminal complaint filed against Londregan, prosecutors spell out that they don’t believe such force was necessary because troopers are trained that shooting the driver of a car does not stop the car from driving.
A Jan. 24, 2024 report also filed as an exhibit shows Senior Assistant Hennepin County Attorney Joshua Larson, who is now the lead prosecutor on the case, called Noble to confirm Londregan had been charged and to ask Noble to “hold off any further work on the case.”
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A three-judge panel of the Eighth Circuit Court of Appeals took up a challenge to the Biden administration’s SAVE student loan repayment program.
ST PAUL, Minn. — Supporters of President Biden’s latest student loan repayment plan gathered outside the federal courthouse as a three-judge panel from the U.S. Eighth Circuit Court of Appeals heard the most recent challenge to it.
The SAVE — or Saving on Valuable Education — program aims to reduce student debt by $170 billion, a scaled-back plan the U.S. Dept. of Education created after the courts struck down Biden’s plan to cut college loan debt by $430 billion. The program expands the scope of an existing income-based repayment program by shortening the repayment terms and erasing some of the interest.
“This isn’t just about repayment. This is an attack on everyone who had a dream and worked hard to go to college, but didn’t have rich parents who could write a check,” Melissa Byrne of the We the 45 Million organization told reporters outside.
“This debt takes away the American dream and turns it into a debt sentence that last and lasts and lasts.”
One of those who spoke at the press conference was Alyssa Barnes, a U.S. Navy Gulf War veteran from Maine, who says she won’t be able to repay the $130,000 in debt she incurred in undergraduate and graduate school, while trying to support herself and two sons as a single mom.
“I feel a lot of regret that I didn’t know what I didn’t know when I took out those loans,” Barnes told KARE. “Over a third of by debt is just from interest accruing over the years — $37,000 is just interest. During COVID I called them to try to refinance and they just hung up on me.”
Missouri’s Republican Attorney General Andrew Bailey led the legal attack against the plan and was joined in the effort by several other Republicans attorney generals. He has challenged the legality of using the current repayment plan to cancel interest debt, and more generally asserts only Congress can craft such a program.
Bailey, speaking on the Christian Washington Watch podcast, said Missouri has legal standing to challenge the repayment program because the state’s higher education system will lose funding if the state’s student loan program known as MOHELA can’t collect fully on student loans.
“They owe money to the State in the Lewis and Clark Discovery Fund used to pay for capital improvements in higher education facilities, and they also fund scholarships. So, there’s direct, concrete harm to the State of Missouri if those student loan payments to MOHELA are canceled by President Biden’s plan.”
Minnesota Attorney General Keith Ellison, a Democrat, took his GOP counterparts to task during Thursday’s news conference outside the courthouse.
“Here come these AGs who are supposed to be the people’s lawyer of their states, and they fight tooth and nail to block opportunity,” Ellison said.
He said the SAVE program was modest, not earthshattering.
“Look, we ask people to better themselves, to pursue education, to get more education so they can make a greater contribution to themselves or their family and community, and then what we do is say? ‘Here’s a bunch of debt!’ Unless you’re rich!”
During Thursday’s oral arguments the three judges, all appointed by Republican presidents, appeared to be skeptical of the government’s argument that SAVE program can be expanded the way the Biden Administration has done.
The U.S. Supreme Court already decided the Republican AG’s lawsuit can proceed, and asked the Eighth Circuit Court of Appeals to rule on the merits of the challenge.
The newly elected board unanimously accepted it during a special board meeting Thursday night.
BURNSVILLE, Minn — STEP Academy officials said the school is taking steps to pay off its debt after letting go teachers, administrators, and people who worked in operations to balance their budget.
“We’re very sad we had to reduce our budget based on our enrollment but that was a necessary step so that we could stay financially secure,” said Paul Scanlon, STEP Academy’s chief operations officer.
Scanlon corrected a statement made by the St. Paul charter school’s finance director on Monday who said the school has an operating budget deficit of $2.1 million.
“It’s projected by the end of the year that it will roughly – 2.1% of our overall budget. It’s not 2.1 thousand or 2.1 million,” Scanlon said.
He said that’s roughly $275,000, which is how much debt the charter school will have by the end of the academic year.
“Through careful financing, we’ve been able to pay off some of our debt and get that number lower and lower,” he said.
Scanlon said under the Minnesota Department of Education, a school must be at least -2.5% to be considered in statutory operational debt.
The newly elected board started on Monday. Scanlon said there was some confusion about their appointment, but he said the plan was to seat them at their annual meeting on Oct. 21. He said all of the new board members were elected to their positions.
“Candidates nominated or being nominated for the positions to expand the expertise and size our of board took several weeks of getting the nominations and having ballots prepared,” he said.
The board unanimously voted to accept Superintendent Mustafa Ibrahim’s resignation. He said his last day will be Nov. 4. In his letter, he said “my time leading STEP Academy has been the most rewarding period of my career.”
Scanlon said they will not be looking for an immediate replacement.
“At this time based on our finances, based on the strength that we’re seeing from our two principals on both sites, we feel like we can cover many of those components and then we would look to post for the 25-26 school year,” he said.
The board also approved an Ad Hoc committee’s report on the job description of the superintendent of educational services for when they do hire someone for that role.
The board unanimously voted to postpone filling two school board vacancies until they have appointed a chair, vice chair, secretary, and treasurer. They’ll discuss it again at their next meeting, and possibly decide how they want to fill those seats.
“We’re 50 ahead of where we were, 50 deaths,” Mike Hanson said. “50 families who have lost a loved one more than we were at this time last year.”
MINNEAPOLIS — It’s a frustrating trend for Mike Hanson, director of the Office of Traffic Safety within the Minnesota Department of Public Safety.
“Anytime I see an incident like the one that took place last night, I’m angry,” Hanson said. “It’s really hard to put into words, because this is exactly the type of thing that we work to prevent.”
Wednesday night, a 29-year-old man from St. Paul exited eastbound I-94 onto Lyndale Avenue in Minneapolis. The crash report says that man was traveling at a “high rate of speed.” That man hit several cars, killing a 26-year-old Minneapolis woman and injuring several others.
“That is the one thing that makes every bad decision worse, because speed brings energy, and energy is what results in injury and death,” Hanson said.
Data provided by DPS shows that there have been nearly 150 accidents in and near the area where this happened since January 2021. Some don’t involve alcohol, some do. Hanson said it’s their goal to make sure alcohol is never a factor.
“There is literally no excuse today for somebody to wind up in the back seat of a squad car, an ambulance or heaven forbid a hearse, because of an impaired driving decision,” he said.
Unfortunately, data shows that fatal accidents are up in Minnesota so far this year.
“We’re 50 ahead of where we were, 50 deaths,” Hanson said. “50 families who have lost a loved one more than we were at this time last year.”
Hanson said they work with different agencies across the state to help assist with education and prevention before anyone gets behind the wheel impaired.
“Our basic message is impaired is impaired. It doesn’t matter what it is that you’re impaired by, if you feel different, you will drive different,” he said. “And if you’re sitting behind the wheel and you have to ask yourself should I drive? It’s already too late.”
