A key piece of evidence against a New Rockford man accused of more than a dozen crimes in Wells County in 2016 has been thrown out.
At a hearing for Alexander Lail today in Fessenden, District Judge Daniel Narum ruled that a video of Jason Thomas where Thomas says Lail and an accomplice heated up an ice auger blade and burned his thigh near his genitals is not a “dying declaration.”
Soon after the interview, Thomas died of cancer.
Lail’s attorney successfully argued that the video was improper since the defense had no chance at cross-examination.
(Steven Mottinger, Defense Attorney) “There’s a difference between a dying declaration and hearsay. The state has confused the two and shouldn’t be allowed to do that. These are not dying declarations.”
Lail is charged with a variety of crimes, from marijuana possession and sales to bribery to attempted murder.
The first of several trials in the case begins July 30th in Valley City.
