Mother testifies in Holly defense she used drugs

Jurors consider death penalty

 Zachary Holly is escorted out of the Benton County Court Annex on Tuesday by Sheriff's Office Deputy Ted Arhangelsky. Holly was found guilty in the 2012 murder of 6-year-old Jersey Bridgeman.
Zachary Holly is escorted out of the Benton County Court Annex on Tuesday by Sheriff's Office Deputy Ted Arhangelsky. Holly was found guilty in the 2012 murder of 6-year-old Jersey Bridgeman.

BENTONVILLE -- Convicted murderer Zachary Holly's mother said Tuesday she used drugs with him when he was 10 years old.

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Ginger Simmons' testimony was part of the defense's strategy during the sentencing phase of the trial to save Holly's life.

Sentencing

Zachary Holly, 30, can be sentenced to life imprisonment or death for capital murder. He could be sentenced from 10 to 40 years or life for kidnapping and 25 to 40 years or life for rape. Holly could be sentenced from 5 to 20 years for residential burglary.

Holly, 30, of Bentonville was found guilty last week of capital murder, kidnapping, rape and residential burglary. Jurors listened to his recorded confession where he admitted to the Nov. 20, 2012, abduction, rape and murder of 6-year-old Jersey Bridgeman.

Prosecutors seek the death penalty. Holly's attorneys want to persuade jurors to sentence him to life imprisonment without parole.

The jury of seven men and five women deliberated for a few hours Tuesday afternoon before Circuit Judge Brad Karren dismissed them. Holly spent much of the afternoon in a holding cell as the jury deliberated.

Deliberation will resume at 9 a.m. today.

Simmons said she was a methamphetamine addict and she used the drug through much of Holly's childhood.

"I use to call it the demon in my life," Simmons said. "That was my hell. It was more important than work and my children."

Simmons admitted using marijuana with Holly when he 10. She later used methamphetamine with him.

"There are times I did sell the kids' Christmas gifts for drugs," Simmons said.

Kent McLemore, one of Holly's attorneys, asked Simmons how she obtained methamphetamine. Simmons said she exchanged food stamps for meth.

Simmons said she would do sexual favors for men and Holly would be present during some of the encounters. He was 9 or 10 at the time, Simmons said.

Simmons said she didn't remember much about her time in Bakersfield, Calif., where she and her children lived.

She said her boyfriend, Joseph Blackmon, used to beat her, along with Holly and her other two sons.

Simmons said she knew Blackmon was a registered sex offender while she dated and even lived with him. Simmons said she didn't leave Blackmon after he beat her and her children.

McLemore continued to question Simmons about her past and the impact her actions had on her children.

"It doesn't make sense now that I'm clean and sober," Simmons said as she wiped away tears.

Simmons said it makes her sick to her stomach whenever she thinks about what she put her her children through.

The defense rested its sentencing arguments after Simmons' testimony. Holly didn't testify during the proceedings.

Nathan Smith, Benton County prosecutor, told jurors the case was about justice for Jersey. Smith described the crimes as a wicked, cruel and perverse.

"This is a crime of ultimate evil," Smith said.

Jersey was raped by the man she called "Uncle Zach," Smith said.

Smith said Holly's crime demands justice.

"I'm asking you to impose the ultimate punishment for this crime," Smith told jurors. "I'm asking you to impose the death penalty."

Jersey fought to free herself as Holly strangled her with her pajamas, Smith said. She had claw marks on her neck. The medical examiner testified last week the marks were from Jersey's attempts to free herself from the pajamas.

Smith then showed jurors a photograph of Jersey's body.

"That's what mental anguish looks like," Smith said as the image flashed on two screens in the courtroom.

McLemore told the jury a childhood matters, and Holly's childhood was a tragic one.

The jury had seen years of records of Simmons' drug use while Holly was present, McLemore said.

The first record was when Holly was 2 and his mother was on drugs. It was reported Holly had to eat out of the garbage.

Holly and his brothers were physically abused by their mother's boyfriend, McLemore said.

Simmons introduced Holly to drugs, McLemore said.

"She handed him a joint," McLemore said. "A 10-year-old child introduced to drugs by his mother."

McLemore said California could have stepped in to protect Holly from his mother.

"Drugs, not feeding, chronic neglect, abandonment, physical abuse," McLemore said. "Childhood matters."

Holly lived in 39 homes and attended 23 schools during a childhood filled with drug use, arrests, abuse violence and prostitution, McLemore said.

"That was the life Zach Holly knew as a child," McLemore said. "That was the norm."

Holly writes and acts like a child, McLemore said.

"Childhood matters, and if there ever was a case where a childhood had more of an imprint on them I don't know what it is," McLemore said.

McLemore pleaded with jurors not to impose a death sentence and instead sentence Holly to life imprisonment without parole.

Holly rocked in his chair as McLemore talked about his childhood.

Smith then had one more opportunity to address the jury.

"Childhood matters," Smith said. "Jersey Bridgeman had a childhood and she doesn't anymore. Her childhood matters."

Holly is a grown man responsible for raping and killing the girl, Smith said.

Holly's childhood shouldn't be an excuse for what happened to Jersey, Smith said.

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

NW News on 05/27/2015

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