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Jurors won't hear statements about cocaine

Opening arguments today in Riley Drive murder trial

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BLOOMINGTON - Opening arguments are scheduled for today in the murder trial of Michael Brown, the Bloomington man accused of killing brothers Calvin and David Walls in a February 2008 shooting.

A panel of seven men and five women was chosen Monday. Two alternate jurors will be selected this morning.

Michael Brown

When testimony begins, jurors will not be told about remarks Brown reportedly made to police about cocaine allegedly found in his apartment, according to a ruling made Monday before the start of jury selection.

Brown, 31, is accused of shooting Calvin Walls, 42, of Bloomington, and David Walls, 40, of Jackson, Miss., at an apartment building on Riley Drive, Bloomington. Police reports indicate the shootings took place after a disagreement between several people at the apartment building where Brown lived and the Walls brothers were visiting Tanisha Phillips, the girlfriend of Levar Walls, another brother.

In addition to the murder charges, Brown also is accused of shooting Levar Walls and Montell Jones, both of whom survived.

McLean County Judge Robert Freitag agreed Monday with arguments by defense lawyer Thomas Brandstrader that jurors should not hear comments Brown made to police about 3.3 grams of cocaine officers said was found in his apartment.

Assistant State's Attorney Bill Workman told the judge that Brown's comments showed "he's more concerned about the cocaine charge at that point than a couple of homicides."

Brown told police "that could never be mine" when he was told about the crack cocaine, said Workman.

In an earlier ruling, Freitag separated a charge of unlawful delivery of a controlled substance with intent to deliver from the murder trial. Prosecutors had argued that drugs likely were a motive in the killings.

A statement from Phillips indicates that the slain brothers argued with Brown, Jones and three other men who were at Brown's apartment and that David Walls was dragged into Brown's apartment, according to prosecutors.

The defense is expected to argue that the shootings were committed in self-defense by Brown because he feared for his safety from the Walls brothers.

About 50 names are on the state's potential witness list. The trial is expected to last about three weeks.

Testimony will not be heard on April 10, which is Good Friday, a day many Christians attend church services. The trial also may be recessed on April 17, Freitag told attorneys.

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