Wichita ? A judge’s decision Monday to disallow hearsay evidence makes it unlikely that Reginald Carr, one of two brothers accused of a nine-day crime spree that left five people dead, will testify in his own defense.

Reginald Carr’s attorney, John Val Wachtel, told District Judge Paul Clark on Monday his client would testify that Jonathan Carr gave his brother a cell phone before leaving with an unknown man the evening of Dec. 14, 2000.

Later, Reginald Carr would testify, Jonathan Carr called him several times, crying at one time, to tell him the man was “tripping” and talking about shooting people.

But Clark refused to allow the unsubstantiated hearsay evidence, making it unlikely Reginald Carr will take the stand.

Dist. Atty. Nola Foulston argued against admitting the testimony, and said she has made numerous requests to defense attorneys for details about the unknown man and the phone calls.

But Val Wachtel said he does not have the man’s name and his client does not know him.

Ron Evans, the defense attorney for Jonathan Carr, told the judge he would like to hear Reginald Carr’s testimony. Evans has tried unsuccessfully to separate the trials of the two brothers.

“I’d like to see Reggie Carr say that I’d like to ask him a few questions,” Evans said. “It strengthens our position of antagonistic defenses.”

The Carr brothers are being tried on a total of 113 charges, including capital murder.