Seward suspect will be tried

The state Supreme Court upheld a ruling that Mahdi Hassan Ali was at least 16 at the time of the shootings.

June 29, 2011 at 5:18AM

The Minnesota Supreme Court rejected a claim that a teenager accused of killing three people in a Minneapolis convenience store is not old enough to stand trial as an adult, ending a yearlong pre-trial appeal and clearing the way for a September jury trial.

The high court upheld a district court order filed last year that said a "clear preponderance of evidence" proved that Mahdi Hassan Ali was at least 16 when the shootings occurred on Jan. 6, 2010, at the Seward Market and Halal Meats store in south Minneapolis.

Ali's attorney, Frederick Goetz, moved last July to quash the six-count murder indictment against his client, saying that because he was only 15 at the time of the killings, he wouldn't automatically stand trial as an adult. Goetz also said that an adult sentence of life without the possibility of parole would be unconstitutional at that age.

Goetz said that his client's date of birth was not Jan. 1, 1993, the date on his Minnesota driver's license, and blamed sloppy record-keeping in Ali's native country for the error.

That date would have made him 17 at the time of the shootings.

After a hearing that included molar analysis by a dentist who testified for the prosecution, District Judge Peter Cahill ruled that Ali was likely older than 16.

Goetz appealed, but the Court of Appeals declined to consider the issue, saying it lacked pretrial jurisdiction.

The Minnesota Supreme Court reversed the Appeals Court decision and agreed to hear the case. After oral arguments in April and June, the Supreme Court issued a three-page order on June 8, with a detailed opinion to be released later "so as not to impair the continuing prosecution of this matter."

Goetz declined to comment.

Ali is accused of shooting and killing Abdifatah Warfa, 28; Warfa's cousin, Mohamed Warfa, 30, and Anwar Mohammed, 31. Ali's co-defendant, Ahmed Ali, 18, already has pleaded guilty and is expected to testify against Ali.

According to the complaint, the two wore ski masks and entered the market at 25th and E. Franklin Avenues in Minneapolis shortly after 7:30 p.m. Mahdi Ali allegedly pointed a gun at two men behind the front counter and shouted, "This is a robbery." Ahmed Ali admitted to corralling customers in the back of the store. The three men were killed inside the store.

Ali's trial is scheduled for Sept. 6.

Abby Simons • 612-673-4921

about the writer

about the writer

Abby Simons

Team Leader

Abby Simons is the Minnesota Star Tribune's Public Safety Editor. Her team covers crime and courts across the metro. She joined the Minnesota Star Tribune in 2008 and previously reported on crime, courts and politics.

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