LOWELL — Jury selection in the murder retrial of the Phan brothers stretched through last week and remains unfinished, with 11 of the 16 required jurors seated so far.

Attorneys expect to complete the panel by Monday or Tuesday, with opening statements to follow in the retrial of three brothers, Billy, Billoeum and Channa Phan, who are each charged with first-degree murder in the shooting death of 22-year-old Tyrone Phet outside his Lowell home at 50 Spring Ave. in the early morning hours of Sept. 14, 2020.

After Friday’s selection session in Middlesex Superior Court, attorney Lorenzo Perez — who represents Billoeum Phan — described the process as “time consuming,” for reasons including the fact that Judge Chris Barry-Smith has so far ruled on more than 50 motions related to the case.

One of those motions addressed Friday involved a filing from Channa Phan’s attorney, William Dolan, concerning State Police Sgt. Scott Quigley — a detective assigned to the Middlesex District Attorney’s Office and one of the key investigators in the Phan homicide case.

According to the motion, Quigley was involved in a fatal auto accident “on duty” and while driving a State Police vehicle in December 2023 while he was “legally intoxicated.” The crash killed Angelo Schettino, a special-needs man confined to a wheelchair who was riding as a passenger in a vehicle owned by the nonprofit Bridgewell Inc.

A civil lawsuit filed in Essex County by Schettino’s family alleges that the Bridgewell vehicle was being operated on Lexington Street in Woburn when it was struck in a head-on collision with another vehicle. Schettino suffered serious injuries that led to his death on Jan. 13, 2024.

Court documents show Bridgewell denied responsibility and, in a third-party complaint, claim the collision occurred when a State Police vehicle “suddenly drove from its lane of traffic, across the double yellow line, into (the Bridgewell driver’s) lane of traffic and caused a collision.”

“As a result of this collision,” the filing states, “which was solely caused by the negligence, carelessness, and recklessness of the MA State Police agent and employee, Angelo Schettino sustained personal injuries and died.”

Dolan’s motion argues that the prosecutors in the case — Middlesex Assistant District Attorneys Yashmeen Desai, Thomas Brant and Kyra Kosh — failed to turn over information about the crash or Quigley’s involvement.

Dolan stated in the filing that prosecutors have produced “no emails, no notes, no communications of any kind” about the incident and that the Middlesex District Attorney’s Office has not produced a single document showing when it first learned of the crash, the fatality or the wrongful death lawsuit against Quigley that followed.

The motion highlights a disclosure from the State Police, dated Wednesday, stating that Quigley told Brant he had ingested alcohol on the evening of the crash — a disclosure the motion said Brant denies.

But an updated disclosure from the State Police on Friday revises that account.

The new letter states that the earlier notice is incorrect and that Quigley did not speak to Brant. Instead, Quigley told another department member that he was confused by his medical records and believed “it appeared that his blood work was wrong and said he saw numbers suggesting a (blood alcohol content) level of .11, which he believed could not be correct.”

The disclosure states that information was then relayed to the Middlesex District Attorney’s Office, which referred the matter to the Suffolk County District Attorney’s Office for criminal investigation. The criminal investigation is pending.

The updated disclosure further said the medical records “support the disclosures and the inferences Sergeant Quigley made about his medical records,” but adds that the department cannot release those records without a court order.

In his motion, Dolan argues that prosecutors were required to share the information because the law obligates them to turn over anything that could call a witness’ reliability into question.

The motions states that “Trooper Quigley’s credibility is an issue in this case,” and adds the Commonwealth “must comply with Rule 14 and provide any materials covered by Rule 14 and Brady v. Maryland.”

Rule 14 requires prosecutors to provide the defense with relevant discovery, including material that could undermine a witness or aid the accused.

The motion further notes that Quigley was suspended from the State Police as of Wednesday, despite remaining assigned to the State Police Detective Unit, which Dolan described as being embedded in the Middlesex District Attorney’s Office, working closely with prosecutors on homicide and death investigations, including the one involving the Phan brothers.

A State Police spokesperson said in a statement to The Sun on Saturday that the department “is aware of the new information that came to light this week regarding Sgt. Scott Quigley and have taken action by placing him on leave while the Department investigates further through our internal affairs section.”

According to Dolan’s motion, the prosecution’s handling of the matter appears to be “stonewalling” the defense. The defense attorney argues that the prosecution is taking “a calculated risk” that any conviction could later be overturned for failing to turn over material that could bear on a key investigator’s credibility.

On Friday, Judge Barry-Smith ordered the Middlesex District Attorney’s Office, the Suffolk County District Attorney’s Office, the Woburn Police Department and the State Police to turn over all materials related to the December 2023 crash — including documents and any body‑worn or vehicle‑mounted camera footage — for the court to review and provide to the defense.

The order specifies that anything produced cannot be made public.

Dolan said prosecutors told the court on Friday that they do not intend to call Quigley as a witness in the retrial. He added that the defense may still seek to call Quigley, depending on what the newly ordered discovery reveals and whether the judge would allow it.

Dolan described the investigation as “peculiar” from the beginning, adding the Middlesex District Attorney’s Office and the State Police are “playing games.” He said he wants prosecutors to “actually provide us information and stop hiding the ball.”

“We’re getting conflicting answers and information,” Dolan said. “They need to come clean and give the Phan brothers the due process they’re required. Give us the information that they are entitled to.”

The Quigley dispute is not the first time Dolan has accused the prosecution of withholding information.

Earlier this month, the retrial was delayed after prosecutors sought to introduce a new gang‑related motive tying the Phan brothers to the Outlaws street gang and framing Phet’s killing as retaliation for a drive‑by shooting at an alleged Wilder Street stash house.

Dolan objected, arguing the prosecution had failed to turn over information connected to that theory and even moved to dismiss the charges against Channa Phan. Barry‑Smith ultimately ruled the prosecution’s showing was “too thin” and declined to expand the gang evidence.

Dolan said on Friday that the handling of the Quigley disclosures could require him to pursue another motion to dismiss over discovery violations, arguing that the failure to turn over potentially exculpatory material “could be a problem.”

In his motion he wrote the prosecution has “repeatedly violated Rule 14” and “actively stonewalled” efforts to obtain information throughout the case, noting that prosecutors have told him that any further discovery requests must be made by motion and even suggested on the record that the burden of Rule 14 had “shifted” to the defense.

Dolan argued that those positions are “the opposite” of the prosecution’s obligations under the rule and said the court has already sanctioned the Commonwealth for prior shortcomings. He wrote that the latest dispute only reinforces his concern that prosecutors will “continue to not comply” unless ordered to do so.

The Middlesex District Attorney’s Office declined to comment, citing the impoundment order.

Jury selection in the case will continue at 9 a.m. Monday in the Kiernan Judicial Center.

Follow Aaron Curtis on X @aselahcurtis, or on Bluesky @aaronscurtis.bsky.social.