Deadlocked jury told to keep deliberating in second murder trial of Ed Holley
After the jury informed the court for a third time of a deadlock, Judge Hyun Chin Kim took the lunch hour to think it over: declare a mistrial or send the jury back to work.
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The jury in the second murder trial of Edward Holley told the court again Monday they are deadlocked again, and again the judge told the jury to keep trying.
It was the third time in 11 days of deliberation that the jury foreperson sent a note informing Orange County Judge Hyun Chin Kim the jury could not reach a verdict.
"We the jury, after considering the evidence and doing our due diligence, have not been able to come to a unanimous decision," the foreperson wrote. "We do not foresee any change."
Holley's defense team wanted the jury to keep working, asking Judge Kim to read them special deadlock instructions in full and send the jury back to the deliberation room.
The special prosecutors were less keen about the suggestion of continued deliberations, sharing reasons that would support a mistrial declaration.
Judge Kim took the lunch hour to think it over: declare a mistrial or send the jury back to work.
Later in the afternoon she said she would read the jury the full deadlock instructions and send them back to work.
Holley was arrested in 2023, accused of killing his ex-girlfriend Megan McDonald in 2003 in the Town of Wallkill.
Prosecutors said Holley attacked Megan inside her car, hitting her in the head and face several times with a blunt object that they believe was a hammer, though no weapon was recovered.
Holley was charged with murder in concert with another person, meaning police and prosecutors believe someone else was there.
It is still unclear who all might have been in the car at the time of the murder and geographically where the murder happened.
The foreperson has sent the court 27 notes since Monday, March 3rd asking to review testimony, informing the judge of a dispute in the jury room, asking for guidance deliberating, and saying they were deadlocked.
Judge Kim read the full deadlock instructions, known as an Allen Charge.
The instructions ask that the jurors "start with a fresh slate," "have the courage to be flexible," and "be honest with yourselves."
The jury will return Tuesday morning for Day 12 of deliberations.
