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Thread: Bryan Wayne Hulsey - Arizona

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    Bryan Wayne Hulsey - Arizona


    Anthony Holly


    Bryan Wayne Hulsey


    Most motions by Anthony Holly murder suspect denied at pre-trial conference

    Oral arguments and a final trial management conference began April 7 in the capital murder case of Bryan Wayne Hulsey, the suspect in the February 19, 2007 murder of Glendale Police Officer Anthony Holly, who was 24 years old at the time. Judge Sally Schneider Duncan is presiding over the case in Maricopa County Superior Court.

    Once all motions by the defendant were presented, Schneider Duncan ruled on them. One motion asked the court to strike the allegation of "cruel, heinous or depraved" as vague and overbroad. That motion was denied.

    Hulsey's attorney also moved to preclude the state "from eliciting any testimony or arguing that Hulsey knew right from wrong, could control his actions, or acted out of choice."

    In denying the motion, Schneider Duncan ruled the Arizona Supreme Court held that "such testimony and argument was permissible because the state was not directing the jurors to disregard the defendant's mitigation, but rather suggesting that they give the mitigation less weight (finding that the defendant's knowledge of right and wrong decreased the weight given to the mental health mitigation).

    Hulsey's attorney also requested to videotape witnesses and the jury during victim impact statements. That motion was denied. In addition, Hulsey's attorney requested victim impact statements be precluded and limited. Both motions were denied.

    Schneider Duncan granted a motion to preclude the state from offering any evidence at penalty phase not specific to the defendant's mitigation evidence, stating, "As long as the rebuttal is relevant and not unfairly prejudicial, it will be admitted. If the evidence proffered is hearsay, the Court will determine whether Defendant had notice and the opportunity to explain or deny the hearsay, as well as whether there are sufficient indicia of reliability to allow its admission."

    The motion by Hulsey to permit execution impact evidence was denied. But Schneider Duncan said the ruling "does not preclude the defendant's family, friends, associates or representatives from expressing support and/or mitigation. This ruling simply restricts anyone on behalf of the family from expressing views regarding the impact upon the family should the defendant be executed."

    The defendant's motion to preclude death as a possible punishment was denied.

    The court declined to rule "at this time" on six "motions in limine" (motions raised before or during trial, to exclude the presentation of certain evidence to the jury) by the defendant for the following:

    1. Prosecutorial misconduct;

    2. Pretrial objections to improper prosecutorial arguments that misstate death penalty law;

    3. Argument urging improper grounds for death penalty;

    4. Pretrial objections to improper prosecutorial arguments that can unduly inflame a juror;

    5. Pretrial objections to improper prosecutorial argument that misuses evidence relevant to the death penalty;

    6. Pretrial objections to improper prosecutorial arguments that misstate the role of a juror in a death penalty case.

    Referring to a minute entry from May 9, 2008, the court further ordered "that there shall be no mention of Hitler (or implication to that regime), no engagement of specific trial jurors, and no reference or implication to the religious affiliation of any counsel."

    The defendant motioned to strike the state's notice of intent to seek the death penalty; lethal injection issue. The defendant argued that Arizona's method of execution violates the federal and state constitutions.

    That motion was denied "because there is no guarantee that defendant will be sentenced to death, or that Arizona's lethal injection protocol will be the same at the time of his execution if he is, this issue is not yet in controversy, and thus is not ripe for determination."

    The defendant's final motion for the day asked for the court to prohibit spectators at trial from wearing police uniforms or other "indicia" of law enforcement employment.

    That motion was denied citing that Arizona rules of criminal procedure "requires all proceedings to ‘be open to the public, ..., unless the court finds, upon application of the defendant, than an open proceeding presents a clear and present danger to the defendant's right to a fair trial by an impartial jury.' Here, defendant speculates that large numbers of uniformed police officers will attend trial, and that their presence will get the message across to the jury that they should convict him. At this point, it remains to be seen whether uniformed police officers will attend trial en masse. If the court believes that the actions or presence of any spectators are affecting the jury, the court will take action at that time."

    An evidentiary hearing and oral arguments on remaining motions will be held 10:30 a.m. April 19.

    The trial has been delayed twice since 2007.

    http://www.glendalestar.com/news/hea...cc4c03286.html

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    Anthony Holly murder trial postponed again

    The trial of Bryan Wayne Hulsey, the defendant in the Feb. 19, 2007 murder of Peoria resident and Glendale Police Officer Anthony Holly, has been postponed again. Judge Joseph Kreamer ordered the trial to begin in March 2013. Hulsey is working with his fourth set of attorneys.

    Holly’s mother, Nancy Bonner, said Wednesday morning, “He didn’t change attorneys this time, but we definitely believe the defendant is playing the system. It’s really gotten to the point that the system is so concerned with the rights of the accused that the rights of the victims are forgotten.”

    Bonner is getting used to the postponements. But, she wants to make sure people do not forget her son and his tragic death, and how she believes the system is broken.

    She said, “People need to understand what’s going on with this; not just because it’s Tony, but it’s our system. I actually went to all of the court hearings until this month, and it’s been over five years, and I just emotionally can’t go to all of them anymore. We have a victim advocate, of course, from the county, and she’s wonderful. The prosecutor is wonderful and they keep us updated on everything.

    “For the accused killer of my son to still be without a trial having happened, it will be over six years. It’s just not right.”

    It is a capital murder case, a death penalty case, and the state is seeking the death penalty.

    Juan Martinez is the prosecutor from the Maricopa County Attorney’s Office.

    Not only is the defendant working with his fourth set of attorneys, Kreamer is the fourth judge to hear arguments on the case. Judges rotate on a regular basis and that is the reason for the change in judges. But it also means any new judge must read through all of the documents from the beginning of the trial.

    Regarding the death penalty, Bonner said, “We believe the death penalty is justified only when the evidence is crystal clear, and we believe in this case, it is crystal clear. We have no qualms about our son’s executor being executed.”

    Bonner said she was allowed to speak at a recent settlement conference. At that time, the judge asked for her opinion on Holly’s killer being executed.

    My reply was, “My son, Tony (24 at the time of his death), who never hurt anybody in his life, was executed. He did not get a last meal request. He did not get a visit with his minister. He could not tell his girlfriend that he loved her. He could not hug his mom and pop goodbye. He was simply executed and left in the street to die. So, no, we have no qualms.”

    The past five years have taken their toll on Bonner and her family.

    She said, “The death of Tony is in itself emotionally the most painful any of us have experienced. It just adds to the pain to keep getting close to the trial and having it stop, getting close to the trial and having it stop.

    “It’s not only draining on us as a family, but the officers, who have to keep going through this and recalling. This has been going on five years, and it’s been very difficult.”

    http://www.glendalestar.com/news/hea...a4bcf887a.html
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    July 10, 2013

    Anthony Holly murder case drags on - now more than six years


    Here is an update as of the court hearing held June 20, 2013 in the capital murder case in the Feb. 19 2007 murder of Glendale Police Officer and Peoria resident Anthony Holly, who was 24 years old at the time. The defendant is Bryan Wayne Hulsey.

    Holly’s mother, Nancy Bonner, has been to every court hearing since 2007, and has kept careful records of each. Following is her account of the latest hearing:

    “The prosecution is still waiting for all of the ‘new’ evidence to be presented by the defense in relation to a medical or psychological expert. Once all is received, our prosecutor will need to obtain an expert witness as well and that person will need to review all evidence from the last six-plus years.

    “After the hearing June 20, there was an ex-parte hearing scheduled related to ‘representation.’ This is a total assumption, but one can guess that the ‘accused’ killer is once again asking to remove his attorneys. This same request has been denied twice regarding his current defense team. We shall see.

    “If any of you might be interested in following the case by reading the court case minutes as they are entered, you can read them at this online link: www.courtminutes.maricopa.gov. Enter case #CR2007111635, and defendant ID: 001.

    “At this point, the trial will most likely be put off for at least six to eight months. I say this with a shaking head. We all know how many times things have been delayed. Tony’s case is now the oldest in the Arizona judicial system, and I would have to assume one of the oldest un-tried murder cases in our country. It is a travesty.

    “I am planning to take a break from attending the court hearings, but will receive updates as always from our victim advocate, our prosecutor, Juan Martinez, and from other family members who may attend. Once a new trial date is set, I'll let everyone know…for what it’s worth.”

    To give our readers some insight to what has taken place during court hearings in the past, and perhaps understand the difficulties faced by the prosecution after more than six years of those hearings, read the following from a May 2008 Peoria Times article:

    Referring to a minute entry from May 9, 2008, the court further ordered “that there shall be no mention of Hitler (or implication to that regime), no engagement of specific trial jurors, and no reference or implication to the religious affiliation of any counsel.”

    The defendant motioned to strike the state’s notice of intent to seek the death penalty; lethal injection issue. The defendant argued that Arizona’s method of execution violates the federal and state constitutions.

    That motion was denied “because there is no guarantee that defendant will be sentenced to death, or that Arizona’s lethal injection protocol will be the same at the time of his execution if he is, this issue is not yet in controversy, and thus is not ripe for determination.”

    http://www.glendalestar.com/news/art...9bb2963f4.html

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    Trial date set for May 12, 2014.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Jury selection in Glendale officer-killing trial set to begin

    Matthew Casey
    The Republic

    Jury selection is scheduled to begin today in the first-degree-murder trial of Bryan Wayne Hulsey, more than seven years after he was accused of gunning down Glendale police Officer Anthony Holly.

    "Because we've had so many delays for such a long time, to be honest I keep waiting for a phone call saying, 'Never mind,' 'cause that's happened so many times before," said Nancy Bonner, Holly's mother. "We really just need to get this done and behind us. It's long overdue."

    Prosecutors say they will seek the death penalty if Hulsey is convicted.

    Police say that on the morning of Feb. 19, 2007, Holly, who was 24, was providing backup for Officer David Goitia on a routine traffic stop near Oregon and 60th avenues.

    Hulsey was a back-seat passenger in the vehicle Goitia pulled over. He had outstanding warrants in Navajo County for drug and weapon offenses. When officers asked him to get out of the car, authorities say Hulsey pulled a pistol and shot Holly in the head.

    Jan Blaser-Upchurch is the widow of Sgt. John Blaser, an Arizona Department of Public Safety officer who was killed by a drunk driver in 1990. She said the trial likely will take Holly's family back to the moments when they first learned he had been killed.

    "The trial and going through the criminal-justice system is part of the healing process and trying to find those answers," she said. "Sometimes (you) get them, and sometimes you don't."

    Blaser-Upchurch is president of the Arizona chapter of Concerns of Police Survivors, or C.O.P.S., which provides resources and support to the families of law-enforcement officers killed in the line of duty.

    "For them to have to wait over seven years to have some kind of conclusion from the criminal-justice system is just awful," she said.

    Bonner said she hopes Arizona can improve the process in the future.

    "It certainly has felt to us during the seven years that the system very much favors the criminal and not the victim," Bonner said.

    Hulsey is a 40-year-old transient from Holbrook. He previously served time in three counties for resisting arrest, auto theft, criminal trespassing and destruction of jail property.

    An adult probation officer wrote in 2002 court documents that Hulsey had a drug problem and began using marijuana, crack cocaine, heroin and methamphetamine when he was a teenager.

    He is charged with first-degree murder, attempted first-degree murder and misconduct involving weapons. Prosecutor Juan Martinez will represent the state. Attorney Michael Reeves is representing Hulsey.

    Holly was a U.S. Air Force veteran and was a member of the Glendale Police Department for less than two years before he died. His co-workers described the man who had a tattoo saying, "Live, Love, Serve, Die" as always quick to smile.

    "He served his country in the Air Force and was just as proud to be serving our community as a police officer," Bonner said. "He really was doing that job to serve."

    Holly was the first Glendale police officer to be killed in the line of duty in more than 20 years. In October 2011, Glendale police Officer Brad Jones, 26, was shot and killed while assisting a probation officer at an apartment complex.

    "I miss Tony with every breath," Bonner said. "I will every day for the rest of my life. I don't think the trial being over is going to change that. What it will change for all of us, I think, is the daily stress level of having the trial hanging over our heads. ... But truly, our grief is always going to be the same. Tony can't come home, whether there is a trial or not."

    http://www.azcentral.com/story/news/...trial/8987567/

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    Senior Member CnCP Addict maybeacomedian's Avatar
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    Is the judge allowing video cameras in the courtroom for this trial? I hope someone can upload the trial footage on YouTube. I'm dying (no pun intended) to see Juan Martinez in action again!(

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    Trial continues in Anthony Holly murder case

    Jury selection was scheduled to continue through June 3 in the murder trial of Brian Wayne Hulsey, 40, the suspect charged with first-degree murder of Glendale Police Officer Anthony Holly. Prosecutors are seeking the death penalty.

    Hulsey has been incarcerated since Feb. 19, 2007, the day of the murder. He entered a plea of not guilty to first-degree murder and misconduct involving a weapon.

    Holly, who was 24 at the time, was a two-year veteran of the police force. He was killed while responding to a back-up call for a vehicle that was stopped that had a problem with the license plate. Holly was the first Glendale police officer killed in the line of duty since 1985.

    Opening arguments are tentatively scheduled to begin June 9.

    Trial dates have set according to the following schedule:

    June 9, 10, 11, 16, 17, 18, 19, 23, 24

    July 14, 15, 16, 17, 21, 22, 23, 24, 28, 29, 30, 31

    Aug. 11, 12, 13, 14, 18, 19, 20, 21, 25, 26, 27, 28

    All of the above dates are subject to change.

    http://www.glendalestar.com/news/art...a4bcf887a.html

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    Opening statements begin in trial of accused Glendale cop killer Hulsey

    Opening statements begin Monday in the trial of a man charged with killing a Glendale police officer seven years ago.

    Prosecutors said they will seek the death penalty against Bryan Hulsey after they say he shot and killed Officer Anthony Holly during a traffic stop in 2007.

    The statements were scheduled to begin at 10:30 a.m. in Maricopa County Superior Court.

    The trial for Holly's alleged killer has been postponed several times, making it the oldest capital murder case in the county.

    Holly was gunned down on Feb. 19, 2007, as he provided backup during a traffic stop. Police said they had taken one suspect out of the vehicle and were removing a second suspect when the suspect pulled a handgun from his waistband and fired at the officers, striking Holly.

    The other officer returned fire, wounding Hulsey, who was later captured and taken into custody.

    Holly was taken to St. Joseph's Hospital in Phoenix, where he was pronounced dead. He was 24 years old.

    Since Hulsey was indicted in 2007, court records show attorneys on the case have met with the judge nearly 200 times. In many cases, Hulsey requested new counsel.

    Court papers suggest Hulsey wouldn't cooperate with his legal team, and at one point, he volunteered to represent himself.

    The latest delay came in December last year because a defense attorney "needs time to recover medically before she can prepare for and participate in trial."

    Glendale Police Sgt. Jay O'Neill and his colleagues have been waiting seven years for justice.

    "The judge has erred on the side of caution, so when that verdict eventually is read, it will stand up to any appeals," O'Neill said. "Obviously, a capital case is going to see an appeal."

    In February, Holly's friends, family and colleagues showed up to the courtroom for yet another delay hearing. But, donning "enough is enough" stickers, they got the news for which they were hoping.

    "I had nightmares. I couldn't sleep, I just couldn't put it to rest," said Sharon Knutson-Felix, executive director of the 100 Club.

    She said waiting on the wheels of justice to turn in the cases for both her late son, Ricky, and husband, Doug Knutson, was like getting victimized all over again.

    It's a feeling with which, she said, Holly's family is grappling.

    "I just got to the point where I didn't even know what to say anymore," Knutson-Felix said. "They died for this community and serving this community, and then it seems the community has betrayed them."

    Holly was a two-year veteran of the Glendale Police Department and was a four-year veteran of the U. S. Air Force. He left behind his girlfriend, parents, four brothers and a sister.

    http://arizona.newszap.com/westvalle...-killer-hulsey
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Helen's Avatar
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    Arizona man goes on trial in 2007 officer killing

    PHOENIX (AP) -- A prosecutor says an Arizona man on trial on charges he fatally shot a police officer during a routine 2007 traffic stop told the officer, "I've got something for you," before he fired the fatal shot.

    Bryan Wayne Hulsey is accused of killing Glendale Officer Anthony Holly after Hulsey exited a vehicle that had been pulled over for speeding.

    Hulsey was a passenger in the vehicle, while Holly was there to serve as backup to another officer who made the stop.

    Prosecutor Juan Martinez made opening arguments at midday Monday.

    Defense attorneys are scheduled to make opening arguments Monday afternoon.

    Hulsey has pleaded guilty to the charges against him.

    His attorneys have questioned whether Holly was unintentionally shot by the officer who pulled over the vehicle.

    http://www.azfamily.com/news/Trial-t...262369891.html
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

  10. #10
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    Witnesses take stand in trial of accused cop-killer

    PHOENIX (KSAZ) -Officer Goitia took the stand Tuesday afternoon detailing what he says happened the morning his fellow officer was shot and killed.

    Prosecutors in the morning called Patsy Jones who was in the back seat of the car that Officer's Goitia and Holly stopped.

    "I see Officer Holly's body raising up and a lot of blood, I was scared the officer was going to shoot me," said Patsy Jones.

    Emotional testimony from the prosecution's first witness, Patsy Jones.

    Jones said she was in the back seat of the car that Bryan Hulsey got out of before he allegedly shot and killed Glendale Police officer Anthony Holly in 2007.

    Jones said she saw Hulsey pull a gun from his pants and point it at the officer.

    "He pulled it, then turned it like this," said Jones.

    Prosecutors asked her who he was pointing the gun at, she replied "the officers."

    "One of the officers was telling him hold up, hold up," she said.

    The prosecutor asked her what happened next. "The first shot was fired," said Jones.

    Jones said she and Hulsey had smoked meth before being stopped by police. She said that Hulsey asked her to get rid of the pipe when they were pulled over, she didn't know that Officer Holly was shot until the gunfire stopped, and she got out of the car.

    "I put my hands up; I was looking at the other officer, I said don't shoot me, and I took another step and was like, oh my god, and I saw the officer down," said Jones.

    Jones, who was going through chemo at the time, left the scene and was later arrested.

    Defense attorneys say Officer Holly was killed by friendly fire from his fellow officer who was shooting at Hulsey. They wanted to know exactly what Jones saw and what she didn't.

    "I didn't see the officer get hit," said Jones.

    "And you didn't even see him go down, right?" asked a defense attorney.

    They questioned her credibility. "I thought you said this morning you saw him fire 4 shots," said the attorney. "I saw him fire 3 shots," said Jones.

    "By the time you were interviewed that night, were you still feeling the effects of the meth, or were you coming down from it," asked the attorney. "No, I was not feeling anything from it," said Jones.

    "Do you understand someone is on trial for murder," asked the attorney, Jones replied, "Yes."

    Testimony wrapped up around 4:30 p.m. Tuesday, the trial is expected to continue on Wednesday. If convicted, Hulsey faces the death penalty.

    http://www.myfoxphoenix.com/story/25...sed-cop-killer
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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