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Lawyer fights to get Minn. officer reinstated

By Abby Simons
Minneapolis Star Tribune

MINNEAPOLIS, Minn. — The Minneapolis Police Federation and a private attorney said Thursday that they’ll fight for the reinstatement of officer Jason Andersen, whose fatal shooting of 19-year-old Fong Lee in 2006 triggered outrage from segments of the community and who more recently faced a misdemeanor domestic assault charge before its dismissal.

Police Chief Tim Dolan, who thought highly enough of Andersen’s conduct in the Lee shooting to award him the department’s Medal of Valor, fired the 32-year-old Wednesday following an internal investigation. The department, union and Andersen’s attorney, Fred Bruno, would not discuss reasons cited for the termination.

Attorneys said Andersen will contest the firing through an arbitration process.

The termination came two weeks after a Sherburne County prosecutor dismissed the domestic assault charge. The department suspended Anderson with pay in June after the charge was filed.

Had the charge stood, it wouldn’t justify Andersen’s firing, union attorney Ann Walther said Thursday at a news conference. “I have reviewed the entire internal affairs file, and there is no evidence to justify any discipline, let alone termination,” she said. “We cannot understand why ... other than that he is a high-profile officer.”

A federal jury found after a civil trial in May that Andersen acted within the law when he shot Lee eight times during a foot chase in Minneapolis. A grand jury had cleared him of criminal wrongdoing.

Walther’s criticisms brought a swift response from Dolan, who issued a statement defending his internal affairs unit. He added that under his helm, the resignation and termination rate has been triple that of previous administrations, and that the federation won only one challenge of those decisions in the past three years.

“I recognize that it is the federation’s job to challenge our decisions. ... However, I do not think it is appropriate for them to continually berate and attack Internal Affairs or their investigators,” Dolan’s statement said.

Dolan was supportive of Andersen following the Fong Lee verdict, calling it “reasonable and fair.”

Andersen, who could not be reached, did not appear at the news conference. Bruno said his client was “extremely upset.”

Walther said the only allegation federation attorneys were aware of was the dropped domestic abuse charge. She said there have been multiple officers who pleaded guilty to or were convicted of domestic assault but remained in the department.

Dolan cited the government Data Practices Act in keeping mum on the Andersen firing, but asked citizens “not to rush to judgment.”

TakeAction Minnesota Hmong Organizing Program leaders Dai Thao and Amee Xiong issued a statement saying the Hmong community is “relieved.” They said the termination supports their claim that he wrongfully killed Lee.

Copyright 2009 Minneapolis Star Tribune