Niagara Gazette

Courts

February 8, 2010

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.

Text Only | Photo Reprints
Courts
  • Court sig Former pastor is making restitution to defrauded congregation

    A defrocked priest who defrauded his flock will have a violation of probation charge that was filed against him withdrawn.

    September 7, 2010 1 Photo

  • Prison for former Falls mayor Vince Anello

    Former Falls Mayor Vince Anello stood in U.S. District Court in Buffalo on Thursday and answered Chief District Court Judge William Skretny’s question in a clear and firm voice.

    September 2, 2010

  • City Grill suspect hit with top murder counts

    A grand jury indicted a high school dropout on upgraded charges of first-degree murder Wednesday in three of four fatal shootings outside a downtown Buffalo bar.
    Riccardo McCray, 23, is accused of opening fire on a crowd outside the City Grill early on Aug. 14, killing a Texas man who was celebrating his one-year wedding anniversary and three guests, two of them women.

    September 1, 2010

  • Court sig Suspect in City Grill shooting has bail set at $500K

    An Erie County judge set bail at $500,000 for the 23-year-old man accused of killing four people and wounding four others outside downtown Buffalo’s City Grill early on Aug. 14.

    August 30, 2010 1 Photo

  • Court sig Allen trial staying put — for now

    State Supreme Court Appellate Judge Eugene Fahey denied a defense motion for a change of venue in the trial of accused murderer Anthony J. Allen on Monday. Jury selection will resume in Niagara County Court on Wednesday, according to published reports.

    August 30, 2010 1 Photo

  • 100804 Home Invasion 5.jpg Porter home invasion suspect has now violated parole twice

    The parolee arrested after invading a Porter family’s home and holding them hostage with a knife earlier this month pleaded not guilty to the charges Wednesday afternoon in Niagara County Court.

    August 25, 2010 1 Photo

  • Court sig Defense wants murder trial moved

    The trial against a Rochester teen accused of bludgeoning a 24-year-old youth counselor to death last spring could be moved out of Niagara County due to high media publicity.

    August 25, 2010 1 Photo

  • Court sig Falls man sold coke in NT bar

    A Niagara Falls man will serve three years on probation for selling cocaine out of a North Tonawanda bar.

    August 19, 2010 1 Photo

  • Court sig Coluccis get out of jail

    Just days after Niagara County Court Judge Sara Sheldon Sperrazza denied a request for the release or a decrease in bail for Nicole Colucci, both she and her husband, Randy Colucci Sr., were bailed out of Niagara County Jail on Monday.

    August 16, 2010 1 Photo

  • Bauer Plea offered in Cadille Post robbery — if restitution can be made

    Prosecutors have offered a plea deal to the man accused of robbing a Falls American Legion Post on the Fourth of July.

    August 16, 2010 1 Photo

Featured Ads
Section Teases
House Ads
AP Video
Seasonal Content
Opinion
House Ads
Night & Day
Twitter News
Follow us on twitter
Follow me on Twitter
Hyperlocal Search
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Popular Searches
Powered by Local.com
Front page
Poll

Do you think it’s a good idea to mothball abandoned structures in the Falls rather than tear them down?

Yes. There is a lot of architectural gems in this city that should be saved.
No. Most of these buildings are in poor shape — we need to stop living in the past.
Confused. What good does it do to mothball buildings when no one’s really investing in the city?
     View Results