Staff Writer

 The murder trial of Rory Holland, who allegedly killed two brothers outside his Biddeford home last year, will start Oct. 18 in Penobscot County Superior Court in Bangor. Opening arguments are set for Oct. 25.

Holland, 56, was granted a change of venue last week by York County Superior Court Justice Roland A. Cole

Holland is accused of shooting brothers Derek and Gage Greene outside his South Street home early in the morning on June 30, 2009. He has been in jail since his arrest. A York County grand jury indicted Holland on two charges of murder and a count of illegally possessing a firearm.

 Although he will not hear the case, Cole will have a role in what is presented to jurors. He will decide Oct. 1 on a motion to remove the firearm possession charge against Holland, and a motion to exclude evidence handed over to prosecutors in the weeks after Holland’s arrest.

Cole approved the change of venue motion filed in October 2009 by attorney Amanda Doherty of the Portland-based firm of Strike, Goodwin and O’Brien. Doherty said excessive publicity surrounding the case against Holland prevents a fair trial against her client in York, Cumberland and Androscoggin counties.

Doherty suggested Oxford County Superior Court in South Paris as a site for the trial while Maine Assistant Attorney General Lisa Marchese offered no objection to the change of venue motion and declined to suggest where the trial should be held.

Marchese will present the state’s case against Holland, who is alleged to have shot the men after a verbal dispute escalated with Gage Greene, 19. Court records including an affidavit by Maine State Police Detective Mark Holmquist said the argument between Gage Greene and Holland turned physical as he shoved Holland.

Witnesses told Holmquist that Holland then stepped back, pulled a gun from the waistband of his pants and shot Gage Greene. When Derek Greene, 21, ran across South Street, witnesses said Holland opened fire on him.

Police said Gage Greene was shot once in the chest and Derek Greene was shot twice, in the chest and abdomen. They were declared dead at Southern Maine Medical Center.

Witnesses said Derek Greene and Holland had a conflict about a month before resulting in Holland filing an assault charge against him. He told police Holland touched him inappropriately and Derek Greene punched him. On the night of the shootings, witnesses told Holmquist Derek Greene crossed the street to avoid contact with Holland, who was standing in front of his home.

The motion to exclude evidence, including videotapes made before the shootings, asserts they were taken without a proper warrant by an attorney working for the prosecution. Eric Cote has said he was given the material by Susan Varney, a former companion of Holland’s, and loaned them to law enforcement officials.

Staff Writer David Harry can be reached at 282-4337, ext. 219.