BANGOR — Eyewitnesses to the shooting deaths of two brother in Biddeford took the stand Tuesday in the second day of Rory Holland’s murder trial at Penobscot County Superior Court.
Holland, 56, of Biddeford, is charged with the shooting deaths of Derek Greene, 21, and Gage Greene, 19, both of Biddeford, on South Street on June 30, 2009.
His defense attorneys acknowledge that Holland shot the men, but say he acted in self-defense.
During his cross-examination of witnesses, defense attorney Clifford Strike, of the Portland firm Strike, Goodwin & O’Brien, focused on discrepancies in the witnesses’ testimony, both between their accounts on the stand, and between their testimony and interviews they gave police after the shootings.
For instance, Eric Izzey, a friend of the brothers, told the court he didn’t see anyone next to Gage Greene when the younger of the Greene brothers was shot. But in witness Kurtis White’s testimony Monday, White said he was near Gage Greene when he was shot.
And Brandon Bernardini, another friend, said he didn’t remember saying White was walking behind him, although Strike said that’s what he told police when they questioned him.
Maine Assistant Attorney General Lisa Marchese, who is prosecuting the case, then asked Bernardini whether he knew precisely where everyone was that night.
He answered, “No.”
The witnesses said they had been drinking that night and, “I don’t know” was a frequent answer to questions about the specifics surrounding the shootings.
After testimony by eyewitnesses to the shootings was completed, two others testified. One discussed part of the evening prior to the shootings, and another testified to what happened afterwards.
Lou Moleon, of Biddeford, the man from whom Gage Greene was trying to collect $5 owed him and the reason the Greene brothers were out on the street that night, testified that when they arrived at his apartment the brothers seemed happy.
They were flirting with the girls at his home and checking out his pets, he said.
It was on the way home from Moleon’s that the shootings occurred.
Moleon’s testimony differed from that of other witnesses, who said the Greene brothers were intoxicated. Moleon said they didn’t appear that way to him.
In his questioning, Strike attempted to get Moleon to state that he was anticipating trouble from the Greene brothers and that Gage Greene was aggressive.
“I did not feel threatened, I did not feel intimidated,” said Moleon.
Retired York County Sheriff Deputy Raymond “Tank” Moreau, who lived near Holland and Gage Greene at the corner of Williams Court and South Street, took the stand next.
He testified he was watching television at about 1 a.m. on the night in question when he heard shots fired.
He left his home to investigate, said Moreau, and he first saw Derek Greene on the ground and went to his side to check for vital signs.
Next, he went to Gage Greene, who was on the ground in front of Holland’s home. Gage Greene was still breathing at that time, said Moreau.
While waiting for rescue crews to arrive and attempting to keep Gage Greene alive, Moreau said, Holland came out of his home.
Holland said, “What’s going on?” said Moreau, and he told Holland to go back inside.
When questioned by Marchese, Moreau said in that and other conversations he had with Holland that day, the defendant appeared to not know what had happened.
Holland went back into his home; he didn’t come out of his home again until about 6 a.m., following a stand-off with police.
When he was back home, Moreau said, Holland called him and asked him to bring him out of his home.
By the time of that phone call, the police had surrounded Holland’s home, with flashing lights and guns pointing at the residence, said Moreau.
Moreau said he told Holland he wasn’t authorized to go in, but he brought Holland’s telephone number to the police and gave it to the police negotiator.
Holland eventually came out with his hands handcuffed behind his back, said Moreau.
Among the trial observers are members of the victims’ family and friends. They have declined to comment while the trial is going on.
On Tuesday, two men in attendance in support of Holland asked to speak to the press.
Hugh Magbie, of Warren, said he had no connection to Holland but has been keeping track of case and watching the trial.
To him, he said, the case against Holland appeared to be based on racism.
“It is clear to me that racism must be playing a part here,” said Magbie, who is black.
He said he was “incredulous” a murder charge was brought against Holland, whom he believed was trying to defend his property.
“This case looks like Mississippi in 1940, not the Maine I know in 2010,” said Magbie.
Today, members of the Biddeford Police Department and State Medical Examiner’s office are expected to take the stand.
— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.
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