Wichita ? Nearly a year after two Wichita brothers were convicted of murdering five people, a defense attorney in that case was back in court because of a comment he made to jurors during his opening statement at the trial of Reginald and Jonathan Carr.

The Sedgwick County District Attorney’s Office is seeking a contempt citation against Val Wachtel for telling jurors that evidence pointed to someone other than his client, Reginald Carr. Before the trial, District Judge Paul Clark ordered that no reference be made to other possible suspects based on circumstantial evidence.

Clark gave each side until Oct. 28 to file legal papers before making a ruling on the contempt citation.

In his opening statement, Wachtel told the jury that evidence pointed to someone other than Reginald Carr helping his brother Jonathan commit an execution-style slaying on Dec. 15, 2000. Jurors ultimately convicted both Carr brothers of capital murder and sentenced them to death.

Wachtel’s lawyer, Roger Falk, told Clark on Wednesday issuing a contempt citation could have a “chilling effect” on the justice system.

But Deputy Dist. Atty. Kim Parker said, “I think it would have a chilling effect on the justice system if no one followed the rules of evidence.”

Wachtel testified his opening statements were a preview of what he expected to be Reginald Carr’s testimony. But three weeks after the trial began, Clark ruled some of Carr’s proposed testimony would be inadmissible. Reginald Carr then decided not to testify.

Wachtel said Carr’s testimony, coupled with DNA reports and other evidence, would have supported his theory of another person’s involvement.