Defense attorneys seek to throw out witness ID

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FARGO (AP) - Two witnesses have identified Elijah Addai as the man who stabbed another man in a parking lot fight last August.

Attorneys for Addai, who is charged with murder in the death of David Delonais, are asking a judge to throw out the identification. The defense attorneys say Addai was handcuffed and was surrounded by uniformed officers when the two women identified him as the suspect.

Mary Albertson testified Monday that she working her usual Fargo paper route on Aug. 19, 2007, when she saw two men running down the street, one yelling, "I'm going to cut you. I'm going to kill you." Her partner, Roslynn Bolgrean, spotted the commotion from across the street and waved at Albertson to get out of the way.

Albertson said Delonais was stabbed in the side. He was pronounced dead later at Fargo's Innovis Health.

A Fargo police officer pulled over a vehicle that appeared to be fleeing the area and ordered Addai to get out. Sgt. Michael Bernier ordered a handcuffed Addai to step out of the back of the squad car so both women could get a better look at him. They said he was the suspect.

Defense attorneys want Judge Cynthia Rothe-Seeger to limit the identification of Addai and to rule that police had no reason to pull him over. The defense also seeks to exclude evidence in the vehicle, including a knife.

Assistant Cass County State's Attorney Leah Viste said police were justified in pulling over the vehicle for speeding and suspicions that a crime had been committed.

Rothe-Seeger will issue a ruling later. Addai is being held on $500,000 cash or bond on a Class AA felony murder charge.

Information from: The Forum, http://www.in-forum.com

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