A defense attorney wants the trial of two brothers charged with six Tucson killings moved from Tucson because of publicity surrounding the case.
A Pima County grand jury indicted Scott and David Nordstrom Tuesday on first-degree murder charges in the slayings last year at the Moon Smoke Shop and the Tucson Firefighters Association Union Hall.
The brothers could face the death penalty or life in prison if convicted.
On Jan. 16, police arrested Scott Nordstrom, 29, and his brother David, 27, in the smoke shop killings. At the time, Scott Nordstrom also was accused of the union hall shootings.
David Nordstrom initially was not accused in the union hall shootings, but a grand jury Tuesday afternoon decided there was enough evidence to indict him in all six slayings.
"David was from the outset considered to be a suspect in both the firefighter hall and the Moon Smoke Shop robberies," Tucson police Lt. Tom McNally said. However, he would not disclose why David Nordstrom initially was accused only of the smoke shop slayings.
According to search warrant requests filed in Pima County Superior Court, David Nordstrom cooperated with investigators after his arrest.
He was devastated by news of the indictments, said his court-appointed attorney, Laura Udall.
"He can't believe it. He thought he was helping them solve the crime," Udall said. "He thought he was doing the right thing and now he's charged with it."
The brothers remain at the Pima County Jail on $2 million bond. They have repeatedly declined requests for interviews.
Tucson police detectives were prepared to present their case either to a grand jury or before a judge at a preliminary hearing scheduled for yesterday.
The preliminary hearing, at which defense attorneys could have cross-examined witnesses, was canceled after prosecutors decided on a grand jury.
Prosecutor David White, head of the county attorney's criminal division, declined to say why he decided to go to the grand jury rather than hold a preliminary hearing.
Udall suggested the state's case is weak and might not have held up in a preliminary hearing.
"He has no case against David and I think he has a weak case against Scott," Udall said. In the union hall shooting, "they've got no evidence at all that (David) was there."
She said, "a grand jury will indict just because the prosecutor asks."
Udall said she is unsure the Nordstroms can get a fair trial in Pima County and hopes the trial will be moved to "a large metropolitan area that hasn't heard about it," such as Phoenix.
The brothers will be arraigned Wednesday on six counts of first-degree murder, four counts of armed robbery, three counts of aggravated assault, two counts of burglary and one count of attempted first-degree murder.
Tucson attorney Richard Bock has been appointed to represent Scott Nordstrom. He could not be reached for comment yesterday.
The court documents indicate David Nordstrom told police he was with another person May 30 when a 9mm pistol was stolen from a car parked at Tucson Medical Center, 5301 E. Grant Road.
That same evening, a smoke shop customer, Clarence Odell III, 47, and an employee, Thomas Hardman, 26, were killed at the business, 120 W. Grant Road. A 34-year-old employee, shot in the face and the arm, survived.
Casings found at the scene suggest that a 9mm gun, similar to the one stolen, could have been used, court records state.
Nordstrom later admitted to "being present as a driver" when the smoke shop slayings occurred, according to court records.
Nordstrom also told investigators a friend came to his house on June 13 and told him he had just robbed the union hall, 2264 E. Benson Highway, and killed several people, court documents state.
Killed were bartender Carol Lynn Noel, 50; and customers Arthur "Taco" Bell, 54; his wife, Judy Bell, 46; and Maribeth Munn, 53. A union hall manager estimated $850 was taken.
Meanwhile, court records show that a 1962 Ford pickup truck, seized by police on Jan. 14, matched the description of the white or light blue vehicle witnesses described leaving the smoke shop after the shootings.
The truck is owned by Robert G. Jones, 27, who is in jail in Phoenix on $1.4 million bond on murder and robbery charges stemming from the killing of a Phoenix retiree.
Jones has not been charged or indicted in the Tucson cases and police have not confirmed whether he is a suspect.
McNally, the Tucson police detective, said investigators also are looking into the fact that David Nordstrom was on home arrest and wore an electronic monitoring device when the robberies were committed.
"In our investigation we'll be talking with people from . . . the Department of Corrections really to educate ourselves on the technology that's used and how accurate and reliable that technology is and whether there were any methods they are aware of which enables a person to circumvent . . . their intended use," McNally said.
McNally said it was too early to comment on the program. "We don't know . . . if the system failed," he said.
Scott Nordstrom also was on parole at the time of the killings, but was not wearing a monitoring device.
Department of Corrections officials have refused to release the Nordstroms' parole records, but DOC spokesman Michael Arra said records show no violations.
Arizona Daily Star reporter Inger Sandal contributed to this story.
