Convicted murderer doesn’t show up for hearing; attorney seeking $4 million for victims’ mother

Posted Jan. 10, 2013, at 3:31 p.m.
Rory Holland, seen here in 2010, has been convicted of killing Derek Greene, 21, and Gage Greene, 19.
Rory Holland, seen here in 2010, has been convicted of killing Derek Greene, 21, and Gage Greene, 19.

PORTLAND, Maine — A hearing on how much in damages is owed to the mother of two young men who were killed in the summer of 2009 was continued Wednesday after Rory Holland, the man convicted for their murders, didn’t show up.

In November 2010, Holland was convicted in the shooting deaths of Biddeford brothers Derek Greene, 21, and Gage Greene, 19, in front of Holland’s 58 South St. home, in the early hours of June 30, 2009.

Justice Andrew M. Horton has already found Holland personally liable in the deaths. Wednesday’s hearing was to determine the amount of damages Holland should pay the brothers’ mother, Tammy Cole.

According to Horton, at the Cumberland County Superior Courthouse in Portland, where the hearing took place, Holland had changed his mind several times as to whether or not he would attend the proceedings.

Ultimately, Holland decided to participate in the hearing, however, according to the justice, the prisoner didn’t leave the Maine State Prison in Warren, where he is serving two life sentences for the crimes, until 1:30 p.m. He was expected to arrive at the courthouse at 3:15 p.m.

Cole’s attorney, Scott Giese, said that his client decided to reschedule the hearing to allow Holland his “due process,” so the convict wouldn’t have grounds for appeal at a later date.

Only Curtis White, a friend of the brothers who witnessed the shootings, testified before the hearing was postponed.

“I think about it every day. I never stop thinking about it,” said White in his testimony.

He added that Holland never apologized for his actions, but instead discussed at court proceedings why he wasn’t at fault.

It wasn’t determined whether the late departure from the prison was due to Holland or arrangements for leaving the prison.

However, after the proceedings, Giese said he believed Holland’s tardiness was “insulting” to his client.

In previous court proceedings related to this case, Holland has caused delays. For instance, at a bail hearing in July 2009 after his arrest, court was delayed several hours so his attorney could purchase civilian clothing for Holland.

When the hearing continues — the date has not been set yet — Giese said he would ask the court to award Cole damages in the amount of $2 million for each son, for a total of $4 million.

This figure is based on the potential earnings of each man of about $780,000 in their lifetime, said Giese. This figure assumes each man would earn about $15,600 a year, based on Maine’s current minimum wage, which is $7.50, said the attorney, and work for 50 years. The latter number is based on the brothers’ life expectancies, which according to the 2010 U.S. Census, would be 72 years of age.

Additional amounts for emotional suffering, punitive damages and pain and suffering are included in the $4 million figure, said Giese.

While Holland may not have that amount of money, said Giese, he does have some funds, and that money should go to Cole.

The attorney pointed out Holland paid $250 to file an appeal, rather than filing as an indigent person.

In addition, Holland had property in Biddeford, the home in front of which the shootings occurred.

The Biddeford City Council voted to take that property by eminent domain, but the city is required to pay fair market value for it.

In addition, Holland owns a home in northern Maine.

Giese noted that part of the damage award will be based on Cole’s pain and suffering.

Outside of the courtroom, she said, “I’m still a wreck. I’m still not working. I’m still worried about my other son.”

Cole’s adult son, Shawn Carson, accompanied his mother to court, and Giese said he intends to put both on the stand when the hearing resumes.

Cole said her real reason for pursuing the case is that “I’m sick all day. I have to do this. It’s part of my recovery.”

“Tammy has lost two sons. Holland has had zero remorse and never apologized. That’s why she’s doing it,” said Giese.

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