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Eller moves to dismiss charges he assaulted cops

Pro football Hall of Famer and former Minnesota Vikings star Carl Eller asked a judge Monday to dismiss his assault and drunken-driving case, claiming police and prosecutors failed to preserve or turn over evidence in the case.

Pro football Hall of Famer and former Minnesota Vikings star Carl Eller asked a judge Monday to dismiss his assault and drunken-driving case, claiming police and prosecutors failed to preserve or turn over evidence in the case.

Eller, 66, claimed his rights have been violated by the state's refusal to turn over alleged evidence. He said the evidence could prove his innocence of some charges against him.

The motion to dismiss his case was filed Monday morning, moments before Eller was to appear in court. His attorney and prosecutors have been working on a plea bargain in the case stemming from his April arrest. At least two court hearings were scheduled; both were canceled.

Another hearing was scheduled for Wednesday afternoon, at which a trial date will be set.

Eller's attorney, Albert Turner Goins Sr., declined comment on the negotiations. "I'm going to litigate it in front of the judge," he said.

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Prosecutors also declined comment, said Rondah Kinchlow, a spokeswoman for the Hennepin County attorney's office.

Eller was charged with fourth-degree assault, terroristic threats, driving while impaired and refusing to submit to a chemical test after an incident at his home early on April 9. Two police officers on routine patrol said they saw a Mercedes 550 speeding west on 8th Avenue North, so they gave chase.

Police say the incident ended with a melee involving Eller and several officers at Eller's home. After Eller allegedly picked up at least two of the officers -- one of them with one hand -- police fired Tasers at him several times before the 6-foot-6, 270-pound former defensive end was subdued.

Two police officers were treated at a hospital.

Goins contends the state failed to turn over videotape from a dashboard camera in a patrol car occupied by officers Seth Porras and Gilles Antaya Jr., the two officers who said they began following Eller after spotting his speeding car.

Eller spent 15 years playing for the Vikings, and he played his final season, in 1979, with the Seattle Seahawks.

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