It's one brother's word against the other's.
And because of that, attorneys say, David and Scott Nordstrom should be tried separately in six Tucson killings last year.
A defense attorney has asked a judge to sever the case and move the trials out of Pima County.
"The only evidence presented to the grand jury implicating defendant Scott Nordstrom was the statements made by the defendant David Nordstrom," wrote Richard Bock, Scott Nordstrom's attorney, in a motion released yesterday.
A grand jury indicted David Nordstrom, 27, and his brother Scott Nordstrom, 29, last month in the May 30 Moon Smoke Shop and June 13 Firefighters Union Hall slayings.
The case is set to go to trial May 15.
Bock indicated in the court document that Scott Nordstrom will try to convince a jury that his brother and another man committed the killings.
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And he said he will try to show David Nordstrom lied when he fingered his brother.
David Nordstrom called police in December or early January, identifying himself only as "John," and said he had information about the killings, according to a grand jury transcript.
He spoke with detectives several times and eventually identified himself.
Once the brothers were arrested, David Nordstrom again spoke with detectives.
Bock stated in the motion that the younger brother failed a lie-detector test the first time he talked to police.
According to a Tucson Police Department polygraph examiner's report, filed in court, David Nordstrom "was attempting deception," when asked whether he was present during the killings.
Bock also indicated he will argue that a witness described David Nordstrom, rather than Scott Nordstrom, as one of two gunmen in the smoke shop shootings.
He also suggested David was seeking money to support a crack habit when he went to the police.
"In the course of making these statements, he made it clear that he would only cooperate with police if he received reward money," Bock wrote.
David Nordstrom's attorney has stated in court filings that police gave her client $5,000 to direct them to the weapons used in the crimes.
Laura Udall has stated in court documents that David Nordstrom's conscience drove him to contact police and that police promised him he would be cleared of the charges if he cooperated.
Udall said she agrees the brothers should be tried separately, saying the men can't present opposing defenses during a single trial.
"In order for your defense to win, the other person's defense must lose," she said.
In a separate motion, Bock asked a judge to move the trial out of Pima County, saying the brothers would be unable to get a fair trial here.
"The shootings . . . terrified the city of Tucson as few crimes had ever done," Bock wrote.
