BENTONVILLE -- Jurors will not hear excerpts of jail recordings with confessions by accused murderer Zachary Holly, according to a ruling by Circuit Judge Brad Karren on Friday.
Holly, 30, of Bentonville is charged with capital murder, kidnapping, rape and residential burglary. The charges concern the Nov. 20, 2012, abduction and killing of 6-year-old Jersey Bridgeman.
Prosecutors will seek the death penalty. The trial will begin at 8:30 a.m. Monday.
Kent McLemore and Robby Golden, Holly's attorneys, filed a motion earlier this week that sought to prevent prosecutors from introducing the recordings as evidence at trial.
Prosecutors informed the defense Monday they planned to introduce the recordings as evidence, according to the motion. Jury selection had started when the attorneys learned about the prosecutors' plans, McLemore said.
The recordings are of a recorded telephone call from Sept. 13, 2013; a jail visit on Aug. 1, 2014; and a recorded telephone call on Oct. 21, 2014.
The defense has received hundreds of recording of Holly's telephone calls and visits during his stay in the Benton County Jail, McLemore said during Friday's proceedings. McLemore questioned the timeliness of receiving the excerpts and wanted the court to exclude them.
Stuart Cearley, chief deputy prosecutor, said the defense had received the recordings in advance of the trial.
The recordings weren't played in open court, but Karren and Cearley both referred to confessions on the recordings.
"It is not trial by surprise," said Nathan Smith, Benton County prosecutor.
Smith said his office had the tapes edited by an outside source because they were aware some of Holly's statements would be admissible at trial.
Karren stressed he didn't feel there was any prosecutorial misconduct concerning the recordings. But Karren was concerned about the timing of the defense receiving the recordings, especially in a death penalty case, he said.
The case is more than two years old and the issue could have been resolved months ago, Karren said.
Prosecutors will not be allowed to use the recordings during the guilt or innocence and sentencing phases, Karren ruled.
Karren also ruled Friday the defense can call Holly's maternal grandfather, Lonnie Guyll, as a witness.
Glenn Kelley, a Rogers attorney, filed a motion to prevent the defense from calling Guyll as a witness.
Guyll testified Friday he had open heart surgery in 1998 and received a defibrillator. He also is having medical treatments related to his heart. Guyll said he tries to stay out of stressful situations.
He also said he had no personal knowledge concerning the case and has had limited contact with his grandson.
Kelley told the court Guyll's cardiologist has submitted a letter and was concerned testifying could impact Guyll's health.
Golden said Guyll doesn't have any information concerning the charges, but he has historical knowledge concerning Holly.
Prosecutors and defense attorneys also completed jury selection Friday morning. They selected three alternate jurors.
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 is being held without bond in the Benton County Jail.
NW News on 05/16/2015