YOUNGSTOWN — Four days before jury selection is set to begin in the Brandon Crump Jr. aggravated murder trial, the attorneys Thursday debated whether Judge Anthony D’Apolito of Mahoning County Common Pleas Court should allow evidence from a Feb. 5, 2021, hearing in juvenile court to be introduced at the trial.

The testimony was given by Yarnell Green Jr., 32, one of the four adults who was shot Sept. 21, 2020 — the day a man walked into a home on Perry Street in Struthers and killed 4-year-old Rowan Sweeney. Crump is going on trial Monday and is accused of being the shooter.

Green was shot to death outside of a downtown tavern Sept. 18, 2022, and Johnny Serrano Jr., 24, was convicted of killing Green at a trial in October.

Green had testified Feb. 5, 2021, in Mahoning County Juvenile Court that he was one of four adults in the home in Struthers who was shot in a robbery. He testified that Crump was the shooter of all five people.

Mahoning County Juvenile Court Judge Theresa Dellick later transferred a robbery charge filed against Crump, now 21, in the 2020 shootings to adult court. But she also had to conduct a similar hearing last year, this time resulting in Crump being bound over on additional charges, including aggravated murder in Rowan’s death.

On Thursday, the lawyers discussed whether Ohio law prevents the testimony Green gave in February 2021 from being used in next week’s trial. Lou DeFabio, Crump’s attorney, said it cannot be used at trial because the Confrontation Clause of the U.S. and Ohio Constitutions calls testimony from a person that cannot be challenged directly “hearsay,” which DeFabio said is defined as a statement that does not happen at a hearing or trial.

As such, Green’s statements in 2021 are not allowed at the trial except where the defense had the opportunity during the testimony to make the testimony “trustworthy because there was an opportunity to examine the witness and cross examine the witness” in a context similar to the trial.

Crump’s attorney at the juvenile court, Jeff Kurz, was able to cross examine Green, but “the problem in this case lies with the fact that (Kurz) did not have a similar motive in cross examining Green that” DeFabio would have at the upcoming trial.

At the juvenile court hearing, Crump was charged with the aggravated robbery of Green, but Crump was not at that time charged with aggravated murder, attempted murder, felonious assault and other charges involved in next week’s trial.

Mike Yacovone, county assistant prosecutor, told D’Apolito the testimony should be allowed because the requirements of the law are being met. He said the law only requires that the defense have the opportunity to question Green at the juvenile court hearing. Kurz was not prevented from asking questions on a range of topics, and Green testified about other topics, Yacovone said.

Contrary to what DeFabio argued in his brief prior to Thursday’s hearing, “only a sufficiently similar motive, not an identical one, is required,” Yacovone argued.

“Although the charges are different in name, they arise out of the same facts and circumstances,” Yacovone stated.

At the end of the hearing Thursday, D’Apolito said he would rule on the motion before testimony begins in the trial.