BENTONVILLE -- The murder trial for accused child killer Zachary Holly was postponed Friday afternoon after one of his attorneys voiced concerns about his co-counsel.
Jury selection was scheduled to begin Monday morning. Holly, 29, of Bentonville is charged with capital murder, rape, kidnapping and residential burglary in connection with 6-year-old Jersey Bridgeman's Nov. 20, 2012, death. Prosecutors will seek the death penalty.
"I have concerns about my co-counsel's ability to try this case," Kent McLemore said during a meeting in Circuit Judge Brad Karren's chambers.
McLemore was speaking about Pat Aydelott.
Aydelott was to handle the guilty and innocent phase at trial, while McLemore would be responsible for the sentencing portion.
McLemore told Karren the defense is "simply not prepared for the guilt phase of the trial."
Karren removed Aydelott from the case. McLemore will remain on the case. The Arkansas Public Defenders Commission will appoint another attorney.
"We have extraordinary circumstances here," Karren said. "One I haven't seen since I've been practicing law."
Karren told Aydelott he plans to report him to the Arkansas Supreme Court Committee on Professional Conduct.
Aydelott told Karren he moved to the area two years ago and he had family support. His family has since moved.
Aydelott also said he had surgery and had lost 52 pounds. Aydelott then started to drink and that led to depression, he said. Aydelott said he needs to get help.
Karren wanted to know when McLemore first become concerned about case preparations.
McLemore said his concerns began a few weeks ago. Then on Thursday he contacted Greg Parrish, executive director of the Arkansas Public Defenders Commission. The commission had appointed McLemore and Aydelott to the case.
McLemore said he thought the defense should raise the issue of a mental health defense for Holly.
Karren wanted to know whether Aydelott believed his drinking impacted any decision concerning using a mental disease or defect defense for Holly. Aydelott said it didn't.
Nathan Smith, Benton County prosecutor-elect, said Jersey's family is frustrated the trial was postponed.
"I believe a continuance should happen, but I don't like it," Smith said. "This is not something the state wanted to happen."
Parrish told Karren he'll have to appoint another death penalty-qualified attorney. It may take up to six months before a new attorney is prepared for trial, Parrish said.
A hearing is set for Thursday.
Holly lived next to Jersey's family on Southeast A Street.
He and his wife sometimes babysat Jersey and her younger sister, according to court documents. A medical examiner determined Jersey died from asphyxia.
Jersey's body was found in an abandoned house next to Holly's home on Southeast A Street.
Holly is being held in the Benton County Jail without bond.
NW News on 11/01/2014