ALFRED — In a hearing in York County Superior Court on Monday, Superior Court Justice Roland Cole ordered Rory Holland, a Biddeford man charged with the murder of two brothers, also from Biddeford, to undergo a stage 2 forensic evaluation to examine his state of mind.

In addition, Cole set a date for jury selection in the trial of Holland, 55, for fall of next year. Because of the media coverage regarding the case in the local area, Cole said the trial will most likely take place in Bangor.

Holland is charged with two counts of murder in the shooting deaths of Derek Greene, 21, and Gage Greene, 19, in front of his 58 South St. home in the early morning hours of June 30.

He is also charged with possession of a firearm by a felon.

Holland and Derek Greene and one of Greene’s friends, Elijah Copeland, of Biddeford, had been in a prior altercation with Holland on May 21, that resulted in both Greene and Copeland being ordered to stay away from Holland.

On June 30, the Greene brothers were passing Holland’s home on the way to one of the brothers’ apartments when, according to court documents, witnesses stated that Gage Greene and Holland had a confrontation.

Gage Greene, according to witnesses, pushed Holland and then Holland reached into his pants’ waistband for a gun and shot the younger Greene brother.

Derek Greene was across the street and when he rushed to his brother’s aid, according to witnesses, Holland shot Derek Greene as well.

Both brothers were pronounced dead soon after.

Prosecutor Lisa Marchese, an assistant attorney general with the state, moved for a forensic evaluation of Holland to examine his mental condition and how that may relate to his criminal responsibility.

During Monday’s hearing, Marchese said “there is sufficient concern about his state of mind” that would warrant examination of the defendant’s mental and emotional condition.

She noted that Holland may use self-defense as the reason for the shootings.

In her motion, Marchese stated that before the shooting, Holland told one witness he would rather be in jail because he couldn’t function in society.

Another witness described him as “withdrawn, irrational and highly agitated,” according to court documents.

In addition, according to court documents, Holland is well known in Biddeford for harassing people for no reason and Biddeford Police believe him to be extremely paranoid.

Defense attorney Clifford Strike, with the law firm Strike, Goodwin & O’Brien of Portland, objected to the motion for a forensic evaluation.

He said that Holland may not cooperate because he has the right to not incriminate himself and may not wish to discuss events of the case or leading up to the shootings.

Strike also described Holland as “extremely intelligent.” He said there was no issue about his state of mind.

Justice Cole said there was possible concern about Holland undergoing emotional turmoil at the time of the crimes and ordered the evaluation.

However, he ordered the results of the examination to be impounded so they would not be viewed by anyone but him unless they became relevant at Holland’s trial.

Cole also said that trial would not take place in York County.

Because of extensive media coverage regarding the case, the defense filed a motion for a change of venue.

The prosecution did not object.

Cole said because of logistics, the trial would most likely take place in Penobscot County Superior Court in Bangor.

He ordered that hearings on motions take place on Sept. 1, 2010 and jury selection to begin on Oct. 25.

Tammy Cole, the mother of the victims, said she was pleased with the result of Monday’s hearing and planned on traveling to Bangor if the trial takes place there.

“I don’t care if I have to travel to another state,” said Cole. “I’m just so happy he has to stay in jail.”

Holland is currently being held without bail.

A motion by the defense to sever count three, regarding the illegal possession of a firearm, from the trial on the murder charges was not heard on Monday.

Neither was a discovery motion, also by the defense, requesting footage from a channel 6 news program on “Go Greene.”

Go Greene is a group which was formed after the Greene brothers’ deaths, to help young people in need and provide them with opportunities to help the local community.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.