BENTONVILLE — Circuit Judge Brad Karren ruled Tuesday that prosecutors can use Zachary Holly’s DNA sample as evidence during his May murder trial.
Holly, 30, of Bentonville is charged with capital murder, kidnapping, rape and residential burglary. He is accused of killing 6-year-old Jersey Bridgeman. Prosecutors are seeking the death penalty.
Jury selection is scheduled to begin May 8.
Holly’s attorneys Kent McLemore and Robby Golden filed a suppression motion asking the court to prohibit prosecutors from using their client’s DNA sample as evidence during the trial.
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.
The judge denied the motion after presiding over a short hearing on the issue.
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.