BENTONVILLE -- Circuit Judge Brad Karren ruled Tuesday prosecutors can use Zachary Holly's DNA sample as evidence at his jury 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. Her body was found in an abandoned house next to Holly's home Nov. 20, 2012.
Prosecutors will seek the death penalty. Holly is being held in the Benton County jail without bond. Jury selection is to begin May 8.
Kent McLemore and Robby Golden, Holly's attorneys, filed a suppression motion asking the court to prohibit prosecutors from using Holly's DNA sample as evidence at trial.
The motion claims police interrogated Holly at the Bentonville Police Department on Nov. 20, 2012. Police requested a DNA swabbing from Holly during the interview and he agreed, according to court documents.
Golden told Karren police were interviewing Holly's then-wife, but brought him into the room and asked him for a DNA sample. A police detective later brought the couple back into the interview room and said there was paperwork he was supposed to review with them before obtaining a DNA sample.
Holly and his then-wife signed the consent forms, Golden said.
Golden said he understands there's no law requiring police to give a warning before obtaining a DNA sample. Golden wanted Karren to expand the law by prohibiting prosecutors from using the DNA sample as evidence.
Golden compared the issue of obtaining a DNA or blood sample to police seeking consent before searching a home.
Nathan Smith, Benton County prosecutor, said Golden wanted the court to make a new law, and the only issue is whether Holly voluntarily provided a sample to police. The consent form was a non-issue because Holly voluntarily provided a DNA swab for police, Smith said.
Karren denied the defense motion after presiding over a short hearing.
Holly lived next to Jersey's family on Southeast A Street. He and his then-wife sometimes babysat Jersey and her younger sister, according to court documents.
A medical examiner determined Jersey died from asphyxia, according to court documents.
Holly will be sentenced to life imprisonment without parole or the death penalty if he is convicted of capital murder.
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 04/22/2015