Carl Eller's assault trial moved to Dec. 29

Last update: November 13, 2008 - 8:49 AM

Former Minnesota Viking Carl Eller now faces a trial date of Dec. 29 before Hennepin County District Court Judge Dan Mabley on four charges involving a violent scuffle with Minneapolis police.

Eller and his lawyers appeared briefly in court and filed some new motions Wednesday, including three new requests to dismiss the case on grounds including lack of probable cause and denial of right to counsel. A motions hearing is scheduled for 1:30 today before Mabley.

The prosecution, meanwhile, also responded in writing to a previous request from Eller's attorney, Albert Goins, for a video shot from a squad car of the incident. The response, signed by Assistant Hennepin County Attorney Paul Scoggin, said the squad car used by the two officers was not equipped with video or audio equipment.

In April, police contend, Eller hit two officers several times, threatened to kill them and threw one of them onto the hood of a car during a scuffle in Eller's garage after a short pursuit. It took at least three other officers to restrain Eller by placing him in a neck hold. Attempts to subdue him with a Taser failed. Eller is charged with fourth-degree assault and terroristic threats, both felonies.

The Pro Football Hall of Famer also was charged with drunken driving and refusing to submit to a sobriety test, both gross misdemeanors.

On Wednesday, Eller's lawyers also filed a notice of their intent to claim self-defense and entrapment, stemming from his refusal to take the test.

The lawyers submitted a list of 43 potential defense witnesses, including former Vikings coach Bud Grant, state Supreme Court Justice Alan Page, who played with Eller, former Gophers Coach Murray Warmath, almost two dozen employees of the Minneapolis Police Department and Steve Perry, executive director of the Pro Football Hall of Fame.

ROCHELLE OLSON

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