- The Washington Times - Wednesday, November 22, 2000

The Ghananian native accused of killing an undercover Maryland State Police trooper last month will remain in custody pending a Dec. 1 bond hearing, a U.S. District Court magistrate ordered yesterday.

Kofi Apea Orleans-Lindsay, 23, was extradited from New York and brought to the District of Columbia, where he was read the formal charges against him during yesterday's hearing in federal court.

He could face the death penalty if convicted of fatally shooting Cpl. Edward M. Toatley, 37, on Oct. 30 during an undercover anti-drug operation in Northeast.

A judge will hear arguments during next month's hearing on whether Mr. Orleans-Lindsay should be released on bond.

Prosecutors with the Office of the U.S. Attorney for the District of Columbia are expected to ask he be held without bond, which is routine for murder cases.

At the request of prosecutors, U.S. Magistrate Alan Kay ordered the suspect to provide blood, hair and fiber samples, which will be tested for a DNA match against crime scene materials.

The magistrate also ordered Mr. Orleans-Lindsay to provide fingerprint and handwriting samples.

Mr. Orleans-Lindsay's court-appointed attorney, Billy Ponds, said he plans to use an "identity defense" during the trial, arguing that his client is not the man who shot and killed Cpl. Toatley.

Mr. Orleans-Lindsay, who resides in Silver Spring, Md., was arrested Nov. 13 while driving through Brooklyn, ending a massive manhunt by the FBI, Metropolitan Police Department, Maryland State Police and the Prince George's County Police Department.

He had been sought since Oct. 30, when Cpl. Toatley was shot dead in a Toyota 4-Runner he was driving as part of a federal-local narcotics probe of Mr. Orleans-Lindsay.

Cpl. Toatley, who previously had bought drugs from Mr. Orleans-Lindsay, picked the suspect up in Takoma Park and drove him to the 2000 block of Douglas Street NE for the drug "stash house," court papers show.

When they arrived, Cpl. Toatley gave Mr. Orleans-Lindsay $3,500, and the suspect left the car.

When he returned a few minutes later, Cpl. Toatley, whose vehicle was wired with a camera and microphones, was heard saying "Here he comes." Seconds later he said, "Is everything all right?"

The vehicle's video camera showed a man wearing the same clothes as Mr. Orleans-Lindsay's opening the passenger door and shooting Cpl. Toatley, according to court papers.

The videotape did not show the shooter's face, court papers concede.

The shooter used a .380 caliber pistol, and a shell casing of that caliber was recovered from the scene. Cpl. Toatley previously had told investigators he had observed the suspect with a .380 caliber handgun.

Police also found a key tag with the name "Kofi" nearby the shooting.

Cpl. Toatley, an 18-year veteran of the Maryland State Police, was a member of the Safe Streets Task Force created in 1992 to combat street-gang and drug-related violence, and to track down fugitives wanted for violent crimes.

The task force includes members of the Metropolitan Police, Maryland State Police and the FBI.

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