Published: February 08, 2010 09:51 pm      

COURTS: Murphy mulls one trial, two juries

Judge considers unusual move in murder cases of Darrius Molson and Phillip Holloway

The illness of a police witness could create a unique double murder trial in Niagara County Court in early March.

To the dismay of defense attorneys and the approval of prosecutors, County Court Judge Matthew J. Murphy III suggested Monday he might schedule the separate murder trials of Darrius “D” Molson and Phillip “Country” Holloway for the same time with different juries for each defendant.

Molson, 26, of the Falls and Phillip “Country” Holloway, 21, of Texas City, Texas, are both charged with gunning down Deion Wood, 27, as he sat on the porch of a home in the 1900 block of Ferry Avenue in the early morning hours of June 13. Both men have pleaded not guilty to two counts of second-degree murder and a single count of criminal possession of a weapon.

After agreeing to separate trials for Molson and Holloway, Murphy had expected Moslon’s case to begin last week, with Holloway facing a jury beginning March 8.

However, prosecutors asked for a delay in trying Molson because a key police witness would not be available because he had been hospitalized. On Monday, Assistant District Attorney Doreen Hoffmann told Murphy the officer would be able to return to work in two weeks, making a trial in early March the only likely move for Molson.

Murphy told Hoffmann and lawyers for Molson and Holloway that he was researching the possibility of trying the two murder defendants at the same time, but having separate juries for each.

Hoffman liked that idea but public defender David Farrugia said his client, Molson, was adamantly opposed.

“It would be burdensome on the court and the juries,” Farrugia said. “My client will be deprived of a fair trial.”

Holloway’s lawyer, Michael McNelis, echoed Farrugia’s concerns.

Hoffman said, with the exception of three police detectives, all the other witnesses she will call to the stand would have to testify at both trials.

“I don’t think it would be a difficult process (to try both cases with separate juries),” Hoffmann said. “We would prefer to only have these witnesses testify once.”

Murphy said he would decide by Wednesday on how he will run the trials.

Police responded to a call of “shots fired” in the early morning hours of June 13 and found Wood, laying in a pool of blood, in front of the Ferry Avenue home where he had been sitting with a woman. Witnesses said two suspects had approached Wood and one opened fire with what was reported to be a silver handgun.

Falls Detective Lt. William Thomson said Holloway gave him both an oral and written confession during a jailhouse interview after his arrest in Texas. Molson was taken into custody in the Falls days after the shooting. Holloway fled to his home state of Texas and was picked up there July 14.

“He (Holloway) said that he shoot Deion Wood,” Thomson said.