BENTONVILLE -- Defense attorneys for a man accused of killing a 6-year-old girl are seeking to prevent prosecutors from using evidence related to the testing of the man's DNA.
Zachary Dwayne Holly, 30, of Bentonville is charged with capital murder, kidnapping, rape and residential burglary in connection with the Nov. 20, 2012, death of Jersey Bridgeman. He previously pleaded not guilty to the charges.
Prosecutors are seeking the death penalty.
Jury selection is scheduled to begin May 8.
Holly's attorneys filed the motion Wednesday seeking to suppress DNA evidence taken from Holly.
The motion claims police interrogated Holly on Nov. 20, 2012, at the Bentonville Police Department. Police requested a DNA swabbing from Holly during the interview and he agreed to allow a DNA sample, according to court documents.
Holly's attorneys claim in the motion after the swabs were taken from Holly, police read him a standard rights form advising Holly he wasn't required to provide a DNA sample.
According to the motion, Holly's attorneys -- Robby Golden and Kent McLemore -- contend taking a DNA sample from their client without prior advice of his right to refuse consent was an unreasonable search and seizure.
Holly's defense team wants the court to prohibit prosecutors from introducing evidence relating to or resulting from the testing of Holly's DNA sample.
Circuit Judge Brad Karren has scheduled a hearing on the issue for 1:30 p.m. Tuesday.
Karren has denied two other motions to suppress evidence Holly's attorneys have filed. Those two motions concerned Holly's statements to police.
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, according to court documents. 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.
If Holly is convicted of capital murder, he will be sentenced to life imprisonment without parole or the death penalty.
The kidnapping charge is punishable by 10 to 40 years or life imprisonment. The punishment for rape is 25 to 40 years or life imprisonment. A conviction for residential burglary carries a prison sentence of five to 20 years.
NW News on 04/16/2015