Judge denies request to transfer Megan McDonald murder case as trial date nears
An Orange County judge today denied a request by Edward Holley's attorney to transfer the high-profile murder case to another judge.
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News 12 was inside the courtroom Thursday for two hearings in the Megan McDonald murder case as the high-profile, former cold case against her ex-boyfriend, Edward Holley, moves closer to trial.
Orange County Judge Hyun Chin Kim denied defense attorney Paul Weber's second request to move the case to another judge amidst allegations of a conflict involving her legal clerk, Evelyn Reyes.
Weber alleged in court documents that Reyes, who was once an Orange County assistant district attorney, worked on the McDonald case prior to Holley’s arrest.
Kim said in court that Reyes was “screened,” or removed, from the case following her initial denial in July, and that Reyes will continue to not be involved.
“We fully expected that request to be denied,” says Holley’s defense attorney, Paul Weber. “There are processes that we have to go through in order to ensure that Mr. Holley’s rights are being preserved and this is part of that process.”
Special prosecutor Julia Cornachio said witness and exhibit lists are ready for trial, which Weber says could begin sometime in January.
A separate Huntley hearing to determine if several statements Holley allegedly made to state police prior to his arrest will be admissible at trial also began Thursday and remains underway.
Retired New York State Police Investigator Michael Dewitt was called first to testify about an alleged signed statement Holley made in which he denied involvement in McDonald's murder during the initial stage of the investigation in March 2003.
Dewitt explained that a line for Holley’s address was left blank because Holley refused to provide his address for the signed, sworn statement.
New York State Police Investigator Vincent Delango testified next and said that during a follow-up interview at Holley’s residence in 2008, Holley made conflicting statements about being at a house-party with McDonald the night she was killed, and provided a name of someone else believed to be involved in her death.
Delango said when asked if Holley knew what happened to McDonald he claimed he was told McDonald was beaten with a stick, rock or a gun and that “she got out of the car to use the bathroom,” when he abruptly stopped talking during the interview.
McDonald was found bludgeoned to death in a field in the Town of Wallkill in 2003.
Holley, a longtime suspect, was arrested 20 years later for the murder.
Since then, the case has been riddled with problems, including a delayed indictment, allegations of bogus state police AI evidence and a conflict of interest with the district attorney that required a special prosecutor to be assigned to the case.
Holley says his client is innocent and is being set up by police.
“He’s been keeping a positive attitude. He understands he’s going to be free when this trial is done. He knows it. We all know it,” says Weber.
McDonald's mother, Betty Jo McDonald, and Holley's wife, Diane Holley, were in court and were moved to the hallway during testimony since attorneys agreed both could be witnesses at trial.
The McDonald family and their attorney declined to comment on the hearings.
The Huntley hearing is expected to take days to complete, according to Weber who said video recordings of interviews between Holley and state police will be reviewed, and additional testimony from investigators involved heard.
News 12 reached out to Cornachio for comment on the hearings but didn’t immediately receive a response.
MORE:
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Prosecutors 'possibly' close to grand jury review in case against Megan McDonald's accused killer
Man accused of killing Megan McDonald 20 years ago to be set free
Police: Money, jealousy behind ex-boyfriend's killing of Megan McDonald in 2003
