<!--Rick Pfeiffer--><table width="234" border="0" cellspacing="0" cellpadding="0" background="http://static.cnhi.zope.net/flashpromo/niagaragazette/images/byline_234x60.jpg" height="60"><tr><td><div align="center"><font size="3" face="Arial, Helvetica, sans-serif">By Rick Pfeiffer</font><font face="Arial, Helvetica, sans-serif"><br /></font><font size="1" face="Arial, Helvetica, sans-serif"><a href="mailto:rick.pfeiffer@niagara-gazette.com">rick.pfeiffer@niagara-gazette.com</a></font></div></td></tr></table>
Accused killers Darrius “D” Molson and Phillip “Country” Holloway will have separate trials, but not at the same time.
In a brief decision issued Wednesday, Niagara County Court Judge Matthew J. Murphy III ruled there were not compelling reasons to try both men at the same time with separate juries.
“While this court agrees that under the proper circumstances, and where significant advantages of time cost or convenience might be realized without any appreciable undue risk to the rights of defendants, such a procedure may be lawfully employed,” Murphy wrote, “after careful consideration it is concluded that this is not such a case.”
Molson, 26, of the Falls and 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.
Though the pair were originally set to be tried together, Murphy granted a request from Molson’s defense team for a separate trial after admitting to the case a confession from Holloway, who told police investigators he shot Wood.
Molson’s trial had been scheduled to start Feb. 1 but was delayed by the illness of a police witness. Prosecutors told Murphy a joint trial with dual juries would be useful in not forcing witnesses to testify twice.
“We would prefer to only have these witnesses testify once,” Deputy District Attorney Doreen Hoffmann told Murphy during arguments on Monday.
Lawyers for both Molson and Holloway protested that a single trial with two juries would deprive the clients of a fair trial.
“It would be burdensome on the court and the juries,” Public Defender David Farrugia, who represents Molson, said.
Murphy agreed, in his decision, that because there are a small number of witnesses, no independent experts expected to testimony and only one witness, perhaps, coming from outside of New York state, there would be little cost savings by only having one trial.
“This court sees modest, if any, resource gains by conducting a dual-jury trial in this particular matter,” Murphy wrote. “Because of the countervailing logistical difficulties and the increased inherent risk of prejudice to both defendants’ abilities to receive fair trials, there is no appreciable need for a dual-jury trial in this matter.”
Murphy set Molson’s trial date for March 8 and scheduled jury selection for Holloway’s trial to begin on April 26.
