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Jury selection complete in cop-shooting trial

Jury selection was completed yesterday for the trial of two men accused of murdering Philadelphia Police Sgt. Stephen Liczbinski in 2008.

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Jury selection was completed yesterday for the trial of two men accused of murdering Philadelphia Police Sgt. Stephen Liczbinski in 2008.

In addition to 12 jurors, four alternates were selected by prosecution and defense attorneys during a process that began June 7.

If convicted of first-degree murder, Eric D. Floyd, 35, and Levon T. Warner, 41, could be sentenced to death.

Liczbinski, 39, was shot to death May 3, 2008, while trying to stop the defendants and gunman Howard Cain as they fled a Port Richmond bank they had robbed. Cain, 33, was killed by police later that day.

Common Pleas Judge Renee Cardwell Hughes said opening arguments in the trial would take place Tuesday morning.

Hughes ended the day by denying a series of motions to suppress evidence filed by Gary Server, one of Warner's two court-appointed attorneys.

Among the evidence that Hughes ruled would be admissible was a statement Warner gave to homicide Detective Patrick Mangold after waiving his rights to remain silent the day of the slaying.

Server argued that the statement did not accurately reflect what his client said and that Warner's request to be videotaped while being interviewed was not honored.

On a different front, Server argued that a doctor had diagnosed Warner with a type of brain damage that makes it difficult for him to comprehend what people are saying to him.

Because the problem gets worse when Warner is under stress and duress, Server said, he did not understand what he was doing when he waived his rights; therefore the statement should be tossed out.

Hughes countered that under state law, in order for a statement to be inadmissible, the police have to know that a person suffers from intellectual deficiencies before the interview.

There is no evidence that Mangold had such knowledge, Hughes said.