Judge rules on jury issues in Holly case

BENTONVILLE -- Prospective jurors in Zachary Holly's murder trial will be selected from a list of registered voters, Circuit Judge Brad Karren ruled Tuesday.

Holly, 30, of Bentonville is charged with capital murder, kidnapping, rape and residential burglary in connection with the death of 6-year-old Jersey Bridgeman. He previously pleaded innocent to the charges. Holly is being held in the county jail without bond.

Prosecutors plan to seek the death penalty. Jury selection is scheduled to begin May 8.

Prospective jurors typically are selected from registered voters. Holly's defense attorneys sought to expand the pool by also selecting jurors from a roll of licensed drivers and individuals with identification cards. They argued expanding the jury pool will provide a better cross section of the community.

Nathan Smith, Benton County prosecutor, argued against selecting jurors from a roll of licensed drivers in the county. Smith wanted to follow the same procedure used in other criminal cases.

Karren agreed with Smith and denied the defense motion.

Karren noted Holly isn't a member of a distinctive minority group. Karren also said Circuit Judge Doug Schrantz, the county's administrative judge, didn't want to begin to select jurors from licensed drivers or those with identification cards.

Kent McLemore, one of Holly's attorneys, also wanted the court to allow for prospective jurors to answer a questionnaire. McLemore said the questionnaire would help "streamline" jury selection and increase disclosures from prospective jurors.

Smith worried the questionnaire wouldn't help the process and would end up being more time consuming. He was concerned people would answer one way on the questionnaire and another when questioned by attorneys.

Smith also said he believed answers from a questionnaire are less reliable than answers when people respond to questions from attorneys. Attorneys are able to watch people's facial reactions and mannerisms while they question prospective jurors, Smith said.

McLemore also requested prospective jurors be selected from a special pool of registered voters instead of the hundreds of people selected quarterly for jury selection. Smith didn't see the necessity for the special pool since the new panel begins its service May 1.

Karren also denied requests for the questionnaire and the special jury pool. Karren felt more comfortable with the standard jury selection process, he said.

Holly's trial will be Karren's first time to preside over a capital murder jury trial. Karren said he was involved in two capital cases as an attorney.

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 Nov. 20, 2012, in an abandoned house next to Holly's home.

Holly's next court appearance will be at 11 a.m. March 13.

Tracy M. Neal can be reached by email at tneal@nwadg.com or Twitter @NWATracy.

A Section on 03/04/2015

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