BENTONVILLE -- Zachary Holly's murder trial may conclude near the second anniversary of 6-year-old Jersey Bridgeman's death.
Holly, 29, is charged with capital murder, kidnapping, rape and residential burglary in connection with the child's death.
At A Glance
Sentencing Options
Zachary Holly will be sentenced to life imprisonment without parole or the death penalty if he is convicted of capital murder. Prosecutors are seeking the death penalty. He faces from 10 to 40 years, or life imprisonment, if convicted of kidnapping. The punishment for rape is 25 to 40 years, or life imprisonment, if convicted. A conviction for residential burglary carries a prison sentence of five to 20 years.
Source: Staff Report
His trial was slated to begin July 29, but prosecutors and defense attorneys agreed a delay is necessary.
Holly's defense team is trying to obtain records related to Holly's childhood in Bakersfield, Calif. Kent McLemore, one of Holly's attorneys, told Circuit Judge Brad Karren on Friday he may receive the records from California Department of Human Services in the next 45 days. McLemore said he's concerned neither the defense nor prosecutors would have time to study the records before the July trial. McLemore said the records could lead to further investigations by both sides.
McLemore requested a new trial date.
Stuart Cearley, chief deputy prosecutor, agreed and told Karren the delay is in the "best interest of justice."
Karren asked if Jersey's family was notified of the situation.
Stephanie McLemore, deputy prosecutor, told the judge the family wants the process to move quicker, but prosecutors explained the reasons for the delay.
Stephanie McLemore and Kent McLemore aren't related.
Karren granted the motion and canceled the July 29 trial. Holly's trial will begin Nov. 3. The trial is expected to last at least three weeks.
Jersey's body was found Nov. 20, 2012, in an abandoned house next to Holly's home in Bentonville. Holly lived next to Jersey's family on Southwest A Street, and he and his wife sometimes baby-sat Jersey and her younger sister.
A medical examiner determined the child died from asphyxia, according to court documents.
Holly's case was scheduled Friday for a suppression hearing. However, prosecutors requested a delay in the hearing.
Nathan Smith, deputy prosecutor, told the judge Mike Stegall, a Bentonville police detective, is out of state for a training.
The defense didn't oppose rescheduling the suppression hearing, which is set for 10 a.m. Aug. 1.
Holly's holding situation at the jail also was discussed during Friday's hearing.
Karren asked about Holly's health.
McLemore told the judge Holly's physical heath is fine. McLemore expressed concern about Holly's mental health.
Holly has been "locked down by himself" since his arrest. He has no contact with other inmates, even during the one hour of recreation time each day, McLemore said.
McLemore said Holly has discussed the issue with him, and McLemore wanted to talk with Sheriff Kelley Cradduck about a solution.
Karren told Holly he wasn't being punished, but the measure was taken for his safety.
McLemore said there was an incident involving Holly and another inmate after Holly was booked into the jail. Michael Moran, who was a jail trusty, was stopped by jail deputies after he attacked Holly in his cell.
Holly is being held without bond in the Benton County Jail.
NW News on 05/10/2014