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BANGOR — A second eyewitness to last year’s shooting deaths of two brothers in Biddeford testified Tuesday that he was drunk at the time of the killings and may have provided incorrect information to investigators.

The first two days of the murder trial of Rory Holland of Biddeford have featured what defense attorneys are citing as inconsistent statements by witnesses.

On Monday, the state’s first eyewitness, Kurtis White, 20, testified that he saw the shootings, but he had been drinking and was drunk when he was interviewed by police.

On Tuesday, under questioning by defense attorney Clifford Strike, Andrew Lee said he, too, was drunk at the time.

Holland, 56, is charged with shooting 19-year-old Gage Greene and 21-year-old Derek Greene during a confrontation outside Holland’s home in the early morning of June 30, 2009.

Holland claims he acted in self-defense. Derek Greene had been arrested five weeks earlier and charged with assaulting Holland, and was under bail conditions requiring him to stay away from Holland.

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Testimony has indicated that the Greene brothers told their friends that Holland had touched Derek Greene’s penis during a visit the brothers made to Holland’s home.

Security was tight Tuesday at the Penobscot Judicial Center for the second day of testimony in the trial.

Holland, wearing a dark suit, twirled from side to side in his chair at the defense table and often turned to stare at family members of the Greene brothers.

Several court security officers positioned around the courtroom appeared to keep close watch on Holland throughout the morning.

Holland, a two-time mayoral candidate with a criminal record, has been a controversial figure in Biddeford for years.

Lee, a friend of the Greene brothers, testified for much of Tuesday morning, saying he saw Holland standing on the sidewalk in front his house on South Street as Lee and another friend approached from Green Street.

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At the same time, Lee said, he saw Gage and Derek Greene on the opposite side of the street, and saw Gage Greene cross the street and approach Holland.

Lee said he stopped and heard Gage Greene tell Holland to go into his house.

“Gage pushed Rory,” Lee said on the stand. “I seen Rory’s hand come up from his side. I heard a loud pop and I saw a puff of smoke and Gage collapsed.”

Lee said Derek Greene ran across the street toward his brother and yelled, “Why are you shooting my brother?”

Lee said he turned and ran back up Green Street to call 911.

Testimony from eyewitnesses indicated that Holland fired three shots at Derek Green, who dropped dead in a driveway directly across the street from Holland’s home.

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Strike, Holland’s attorney, appears to be trying to paint a picture for the jury suggesting that Holland was nearly surrounded by the Greene brothers and their friends, who had been drinking beer, vodka and whiskey, and that the group was threatening him and looking for a fight.

Assistant Attorney General Lisa Marchese told jurors Monday that Holland did not like the Greene brothers, especially Derek, and was waiting for them, with a loaded gun, to pass his home at 1 a.m. on June 30.

According to testimony, neither the Greene brothers nor their friends who witnessed the shooting were armed. The jury will decide whether Holland felt an imminent threat to his life, as Maine law requires for self-defense.

A murder conviction carries a sentence of 25 years to life in prison.

Justice Roland Cole is presiding over the trial, which is expected to last at least two weeks.

Biddeford police officers are expected to testify today.

 

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