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Published August 18, 2010, 10:05 AM

Defense wants statements suppressed in ND killing

BISMARCK, N.D. (AP) — Attorneys for a South Dakota man accused of punching another man to death in North Dakota's McIntosh County say he was too fatigued, drunk and traumatized to be questioned by investigators.

BISMARCK, N.D. (AP) — Attorneys for a South Dakota man accused of punching another man to death in North Dakota's McIntosh County say he was too fatigued, drunk and traumatized to be questioned by investigators.

Nicholas Caspers' attorneys have filed a motion asking Judge Bruce Haskell to suppress statements made by Caspers early in the morning after Paul Varner's death on Feb. 28.

Prosecutor Terry Elhard is resisting the motion. Haskell has asked court administrators to schedule a hearing on that and other motions.

Caspers has pleaded not guilty to murder in the death of Varner and is scheduled for trial beginning Nov. 30.

Authorities allege that Caspers went to Varner's home in Wishek and punched him, and that broken bones in Varner's face caused him to suffocate. Caspers, an auctioneer with South Dakota-based Mobridge Livestock Market, claims self-defense.

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