More evidence sought in probe of police officials

Bloomington prosecutors asked for one more piece of evidence Tuesday before deciding whether to charge three Minneapolis police officers suspended pending a criminal probe.
Bloomington City Attorney Dave Ornstein said he and Associate City Attorney Ann Kaul met for about an hour Tuesday with Superintendent Tim O'Malley of the state Bureau of Criminal Apprehension.
"There's one further piece of evidence I want to look at that they're looking into," Ornstein said. He declined to characterize the evidence further.
The two attorneys will decide whether to press charges against Minneapolis Deputy Chief Lucy Gerold, Capt. Mike Martin and Lt. Mike Carlson.
After less than two weeks on the job, Minneapolis Police Chief Bill McManus put the three high-ranking officers on leave with pay Feb. 26 during a criminal probe into a memo about the city's investigation of the 2003 shooting of officer Duy Ngo.
At issue is a memo written by Carlson raising concerns about how the Ngo investigation was handled. Investigators are looking at whether the memo was ordered quashed or destroyed. The officers have either personally or through their attorneys denied wrongdoing.
Ornstein said he expects to get the new information soon and complete the investigation by next Tuesday or Wednesday.
"I'm not going to be sitting on this," Ornstein said. "We're going to be doing whatever is necessary to come to a conclusion."
Ornstein said the investigation is complicated because "the potential criminal charge is not something that gets charged out very often. The statute that might be used is one that is rarely used - certainly not in Bloomington." He declined to say which statute was involved.
Meanwhile, the Minneapolis City Council will meet in a closed-door session with its lawyers Thursday to discuss Ngo's federal civil rights lawsuit against the city, the officer who shot him and the officer's supervisors. Ngo claimed the officer who shot him improperly used deadly force.
An unidentified man shot Ngo on Feb. 25, 2003, while Ngo was assigned to the Minnesota Gang Strike Force and was conducting plainclothes surveillance in south Minneapolis. The bullets did not penetrate his protective vest. Ngo gave chase and radioed for help, but then collapsed.
Officer Charles Storlie shot Ngo with an MP-5 submachine gun, believing he was the suspect, according to police accounts. Investigators are still pursuing leads about who initially shot Ngo.
Peter Ginder, the acting deputy city attorney for Minneapolis, said city attorneys will be asking the council on Thursday for guidance in the Ngo lawsuit. The attorneys will meet with Ngo's attorney in a settlement conference April 7. Legal settlements involving the city need council approval.
Robert Bennett, Ngo's attorney, wouldn't comment on specific settlement figures he and his client are seeking.
"You can't write a check for any amount of money to substitute for his physical and mental well-being," Bennett said. "But that's all that can happen right now."
Meanwhile, McManus scheduled meetings with some City Council members for this morning but declined to tell them the subject of the meetings.
Council Member Dean Zimmermann has one such meeting scheduled. "I think it's probably a good thing for someone who's been accused of not involving others in decision-making," Zimmermann said of the chief's plans.
McManus would not confirm the meetings and said he had no knowledge on the BCA probe.
Gerold's attorney, David Lillehaug, said, "The investigators have told us they need nothing more from Lucy Gerold." Attorneys for Martin and Carlson declined to comment Tuesday.