Edward Holley to stay in jail following mistrial, prosecutors want retrial
The prosecution told News 12 they can't comment on pending cases. In the courtroom, the prosecution said they "disagree sharply" with the defense's argument.
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Just hours after a mistrial was declared, the judge decided that Edward Holley, who is accused of killing Megan McDonald 22 years ago, will stay at the Orange County Jail.
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In a hearing that took place after the mistrial was declared, Holley's defense team asked that he be released after the mistrial, but the judge denied bail.
Prosecutors want a retrial.
Holley's defense team told News 12 off camera they are "disappointed he wasn't going home." In the courtroom, they argued that Holley has medical needs that are not being met at the jail.
The prosecution told News 12 they can't comment on pending cases. In the courtroom, the prosecution said they "disagree sharply" with the defense's argument.
News 12 talked with a former prosecutor who broke down what this mistrial means and what it could mean for the future.
“If the prosecution wants to try it again, it’s going to get tried again. The defendant really has no say in that,” says Marc Gann, a criminal defense lawyer.
Gann says he doesn’t think mistrials are common, but they can happen when a jury is deadlocked for long periods of time.
“If I had to put a rough percentage on criminal trials that end in mistrials, I would say 10% would be a high number. So, the overwhelming majority of cases result in a verdict one way or another,” says Gann.
He also says that mistrials are never easy on families and can be a big undertaking for attorneys, especially with a trial as long as this one.
“To try a case again is going to be incredibly stressful on both the victim’s family, the defendant’s family,” says Gann. “You need time to pour through that, to analyze the testimony of all witnesses”
Both sides will be back in court on May 5 to discuss next steps.
