The State vs Bryan Wayne Hulsey - murder of Anthony Holly



We compiled news articles from The Peoria Times and posted them all here.  Oldest first.

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Slain police officer made home in Peoria

Posted: Thursday, February 22, 2007 12:00 am | Updated: 2:56 pm, Wed Aug 11, 2010.

A memorial service is being held at 10 a.m. this morning for fallen Glendale police officer Anthony Holly, who was shot and killed Monday morning while providing backup for a fellow officer during a traffic stop.
Holly, 24, was a resident of Peoria and a two-year veteran of the police force.
During a press conference outside St. Joseph’s Medical Center Monday afternoon, Glendale Police Chief Steve Conrad said Holly was pronounced dead shortly after 8 a.m.
A memorial filled with candles, flowers and teddy bears at the site where Holly was shot continues to grow. Many grieving citizens have left notes for the officer.
One note tacked to a palm tree read, “Anthony Holly, You have fallen but not forgotten, you are a hero that stands tall, and forever we will remember, with honor and glory you gave your all. May God bless you, our fallen hero.”
Another letter said, “Thank you for taking care of all of us. I hope that the other officers will take good care of the community, too. I hope all police officers will have long, long lives. Thank you! Love, Katie, age 7.”
Police spokesperson Matt Barnett said Holly was the first Glendale police officer shot and killed in the line of duty.
Conrad said it was a tough day for the department.
“We are all grieving, we have lost a co-worker and a friend,” Conrad said. “We will be working closely with psychologists and crisis-trained officers to address the mental health of our officers. We will be sure to address their needs. This is a tragic loss.”
Conrad said any traffic stop has the potential to be dangerous.
The incident began around 7:30 a.m., when an officer pulled over a vehicle in the area of 60th and Oregon avenues.
“I believe there was either the lack of a license plate or some type of problem with the license plate,” Conrad said. “The officer who pulled the vehicle over called for back-up and Officer Holly responded. At least two of the folks in the vehicle were wanted on warrants.”
After removing one of the suspects from the vehicle and handcuffing him, Holly went to remove one of the other two suspects still in the vehicle, when the man came at him, brandishing a weapon, and shots were fired.
While witnesses reported hearing multiple gun shots, Holly was shot only one time, Conrad said.
Police are not releasing the names of two of the three suspects in custody. One of the suspects, Bryan Hulsey, believed to be in his 30s, was shot and transported to Maricopa County Medical Center with a non-life threatening injury. He was booked on one count of first-degree murder and other charges.
“The law enforcement community in the Valley are very close and I have received many calls from area chiefs offering their support and condolences,” Conrad said. “Unfortunately, it takes a tragedy like this to hear that. This is just a tragic and senseless loss.”
A biography of Holly released by the Glendale police department said that Holly was born in Mesa and graduated from Mountain Ridge High School in Glendale in 2000. He then served in the United States Air Force for four years and spent time serving in Iraq. He was stationed at Kirtland AFB in Albuquerque, New Mexico where he was a member of the Air Force Honor Guard.
He was also active in the Big Brothers/Big Sisters program while stationed in New Mexico. While in the Air Force, Holly was awarded the Air Force Achievement Medal, National Defense Service Medal, Good Conduct Medal and Expert Marksman Ribbon.
He loved life, his family and always carried a strong faith in God. He will be most remembered for his sense of humor, his sense of honor and for the wonderful soul he was.
At a press conference Wednesday afternoon his supervisor, Sgt. Daniel Soto, said his squad mates prepared a list of things they wanted to say about Holly.
“He was a pleasure to work with, he was always good for a laugh, if you ever needed help ‘there was Anthony’, he was always positive, he was very excited about his job and always put a lot of effort into it, he loved being here, but what they remember most was his smile,” Soto said.
His former supervisor, Sgt. Jim Doolittle, said his reaction was a lot of intense anger but it has turned to sorrow and remembrance because that is how Tony would want them to react.
“That is the type of person he was,” Doolittle said. “He loved life and loved having a good time. He was not a person to brag. I never knew the level of service he gave his country until he passed. He had an interest in people and was on a list of officers for a downtown squad.”
Holly is survived by his mom and dad, Nancy and John Bonner of Peoria, his brother Jim Holly, his grandparents, Anthony and Nancy Cacioppo, James and Marie Holly and Ethel Bonner, his father and step-mother, Bernard and Pam Holly, his brothers John Bonner, Chris Holly and Mike Holly and sister Carrie Willems, 11 nieces and nephews, many loving aunts and uncles, his girlfriend Brandy and his many friends and fellow Glendale Police Officers.
His service is being held at Christ’s Church of the Valley, 7007 W. Happy Valley Road, Peoria.
In lieu of flowers, donations can be made to the 100 Club, whose mission is to provide financial assistance to families of public safety officers and firefighters seriously injured or killed in the line of duty.
Danny’s Family Car Wash is holding a fundraiser for Holly from 7 a.m. to 6 p.m. Monday, Feb. 26 at 5901 W. Bell Road. Customers will receive a free car wash in the hopes they will make a donation to support the friends and families of Valley fallen officers and firefighters. All proceeds will benefit the 100 Club. Supporting the event will be the Phoenix Suns Gorilla, Arizona Diamondbacks, Tempe Command Van, California Highway Patrol, Air Evac, Phoenix Police Department, Mesa Police Department and the Tempe Motor Squad. Complimentary food and refreshments will be provided.




Candlelight vigil honors fallen officer.


Posted: Friday, February 22, 2008 12:00 am | Updated: 2:56 pm, Wed Aug 11, 2010.

Twinkling candles filled Murphy Park amphitheater in Glendale Tuesday evening as officers, firefighters and family and friends gathered to remember fallen Glendale Police Officer Anthony Holly, a resident of Peoria, who was shot and killed one year ago Feb. 19 during a traffic stop.
“This is a celebration of the life of Tony Holly,” Glendale Police Chief Steve Conrad said. “We truly will not forget.”

Conrad gave an update on progress being made on a public safety memorial that would honor all public safety employees killed in the line of duty in Glendale and said he had been working with representatives from the families of Fire Engineer Lester Hillis killed in 1974, Sgt. Pat Campbell in 1985 and the Holly family, as well as other community members.
“We are identifying locations and looking for an artist for the design,” Conrad said. “Over the next three to six months, we will have a recommendation ready to present to council. We hope to have the memorial in place before next year's anniversary.”
Following his remarks, a lone bagpiper skirled out “Amazing Grace,” followed with a prayer by Glendale Police Department Chaplain Darlene Danninger.
“We are here to honor Anthony. There is no greater sacrifice than to lay down one's life for another. All of our lives changed that day one year ago with the sound of one single bullet,” Danninger said. “Tonight we celebrate the life of Anthony and remember his contagious smile and deep blue eyes. When he hugged you, you knew you were hugged.”
Danninger then asked that each person come to the stage and light a candle from the flame by his photo, “in the light of Anthony,” while listening to the music Tony so enjoyed.
As the amphitheater glowed with candles, Holly's training sergeant, Rich Stringer, spoke about the young officer who lost his life at age 24 after just two years with the police force.
“It has been a year and I have bad days and I have good days,” Stringer said. “This has been a challenging day. I was supposed to train him, but in the short time I knew him, in his passing, he taught me more that I ever taught him; he was a great kid.”
Stringer said he was also moved at the memorial officers erected at the corner of Oregon and 60th avenues, the site where Holly was killed. Close to 100 officers, residents and firefighters had gathered at 7:30 a.m., the time Holly was killed, and held a service to honor him.
The candlelight vigil ended with the reading of the “Lord's Prayer” and a reminder from Danninger, “every time you hear a siren, say a prayer.”

Thousands pay tribute to young officer.


Posted: Thursday, March 1, 2007 12:00 am | Updated: 2:56 pm, Wed Aug 11, 2010.

It was not how Officer Anthony Holly died that made him a hero, but how he lived.
Those were the words of Holly’s basic training Sgt. Rich Stringer who described the young officer as always having a smile on his face.

On a cloudy Friday morning a gentle rain fell as thousands of mourners filled Christ’s Church of the Valley to remember Holly, 24, who was shot and killed Feb. 19 while providing back up for a fellow officer during a traffic stop that was anything but routine.
“Tony’s tragic and untimely passing changed many lives. It is during times like these, uniforms are one color, ranks invisible,” Police Chief Steve Conrad said as he choked back tears. “We will remember Tony through spoken words of others and memories, no one ever truly dies, may he rest in peace.”
Stringer said during the time he spent with Tony at the police academy, he grew to know him and love him like a son.
“Tony had a caring spirit, always willing to help someone in need,” Stringer said.
He then read a note from Tony’s mother, Nancy Bonner.
“I am trying hard to put my sorrow aside several times each day and make my new motto, WWTS, ‘what would Tony say?’ and most often the answer is something kind or funny,” the note said.
Officer Darrin Atkins was Tony’s classmate at the police academy for 16 weeks, and said he wouldn’t trade the time he spent with him for anything.
“It didn’t take long to realize what kind of person Tony was,” Atkins said. “He had a childlike charm and a positive attitude towards life. His most notable trait was that he was always smiling and could make the best out of a bad situation. He had the gift of gab, he could talk to anyone, very wise for his years. I am 15 years older than Tony and he taught me many important life lessons.”
In closing, Atkins said in a world where proper parenting can be an overwhelming task, Tony’s parents raised a wonderful son that anyone would be proud to call son or brother.
“I am truly honored to be his friend,” Atkins said.
His girlfriend, Brandy, also his next door neighbor, said she couldn’t resist his bright blue eyes and big smile.
“He was easy to love, even when he was singing Neil Diamond songs at the top of his lungs off key,” she said.
Tony’s dad, John Bonner, said he had insight, perspective and maturity beyond his years.
Bonner read a letter from a child who lived in one of the neighborhoods Tony patrolled who said Tony used to stop and play ball with him.
“Tony didn’t catch 78 passes in the NFL, but he played with this little boy at 49th and Northern, that is what a hero should be,” Bonner said. “He loved his job and he loved people.”
Jim Holly, who spoke last, remembered rocking his little brother and called him, ‘my built-in best friend.’
“As teens, we became known as the crazy Holly brothers, we drove too fast and sang too loud n off key of course,” Jim said. “When I joined the Army and moved away, he joined the Air Force a year later. I didn’t get to be there when he graduated from the police academy. I don’t think he ever knew how much I bragged about him. Tony was my brother and always my best friend, I miss him but know he is in heaven; he was a Christian man of God.”
Chris said Tony had a tattoo on his back of the Air Force motto, “live, love, serve, die,” the code that his little brother lived by.
As the procession left the church to the Phoenix Memorial Cemetery, children from nearby Happy Valley Basic School lined the road, many holding up signs with tributes to the fallen officer.
Loop 101 was closed from 67th Avenue to Central Avenue for about 90 minutes as the 14-mile long procession of vehicles and police motorcycles made their way to the cemetery at Central Avenue and Beardsley Road. People lined the freeway and overpasses to show their respect.
A Glendale Fire Department ladder truck extended its ladders to form a cross at the entrance as a riderless horse with boots placed in the stirrups backwards led the way into the cemetery.
The graveside service ended with a police honor guard 21-gun salute and five law enforcement helicopters performing the missing man salute.
Then the final call came for Holly from a Glendale dispatcher ending with, “10-07” the radio code for “out of service.”

Trial of suspect accused of killing police officer delayed to 2011.

Posted: Wednesday, August 11, 2010 1:51 pm | Updated: 1:39 pm, Tue Jul 2, 2013.
It has been three-and-a-half years since Glendale Police Officer Anthony Holly, 24, was shot and killed in the line of duty and the man accused of shooting him has yet to stand trial.
Holly's mother, Nancy Bonner, said at a court hearing held last week, a new trial was set for April 26, 2011.

"Tony will have been gone from us for over four years," Bonner said. "It is difficult to understand, I know, our court and trial system. We just have to keep faith that when it comes, earthly justice will be served. True justice will be for eternity."
Holly was gunned down around 7:30 a.m. Feb. 19, 2007 while providing backup for a fellow officer during a traffic stop in the area of 60th and Oregon avenues.
He was a two year-veteran of the police force.
The suspect, Bryan Wayne Hulsey, 33, listed as a transient from Holbrook, was indicted on four counts of first-degree murder in 2007. He has been denied bail.
His trial was supposed to have begun July 1, 2008, but in May his public defenders withdrew from the case.
In September 2009, a new trial was scheduled for Oct. 12, 2010, more than a year later, because his two new public defenders needed time to prepare, according to court documents.
But that trial date has now been moved ahead again, this time to next April.
To date, Hulsey has gone through three sets of public defenders.

Anthony Holly murder trial postponed again.

Posted: Thursday, June 21, 2012 11:00 am | Updated: 1:39 pm, Tue Jul 2, 2013.

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.”
Case moving slowly in Holly murder.
Posted: Thursday, April 14, 2011 2:04 pm | Updated: 1:39 pm, Tue Jul 2, 2013.

Defendant loses most motions in pre-trial conference -- next hearing April 19
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 of those 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.

Anthony Holly murder trial drags on


Posted: Friday, December 21, 2012 12:00 am | Updated: 1:39 pm, Tue Jul 2, 2013.

Bryan Wayne Hulsey, the alleged murderer of Glendale Police Officer Anthony Holly in February 2007, has lost another request for change of defense counsel. The request was denied Dec. 11 by Maricopa County Superior Court Judge Douglas L. Rayes.
Hulsey was indicted Feb. 28, 2007 for the murder of Holly. At that time, the Public Defender’s office was appointed to represent Hulsey. Robert Stein and Billy Little were the assigned lawyers.

Hulsey filed a motion July 2008 to change counsel. He claimed his lawyers did not respond to several letters. Stein asserted he was vigorously pursuing the defense and his communication was adequate. Aug. 1, 2008, the court granted Hulsey’s request, and Bruce Buck and Robert Reinhardt of the Office of the Legal Advocate were appointed to represent him.
Once again, in March 2009, Hulsey filed another motion to change counsel. He claimed his lawyers were not communicating with him and were withholding information, and that “regardless of your ruling on this matter; I will never speak to them again.” Following an ex parte hearing April 1, 2009, the court denied the motion.
April 28, 2009, defendant’s counsel Bruce Buck filed a motion to change counsel, which the court heard ex parte May 1, 2009. The court granted the motion May 18, 2009 and John Canby and Jeremy Bogart of the Office of the Legal Defender were appointed to represent Hulsey.
April 15, 2011, less than two weeks before trial, Canby requested an ex parte hearing seeking withdrawal as counsel for Hulsey. The court held ex parte hearings April 18 and 21, 2011. April 21, 2011, the court allowed defense counsel to withdraw.
Current counsel, Michael Reeves and Patricia Hubbard, were appointed to represent Hulsey April 26, 2011 and June 23, 2011, respectively. Their motion to continue the trial was granted and trial is now scheduled to begin March 4, 2013.
Another motion to change counsel was filed by Hulsey Aug. 20, 2012.
Following an ex parte hearing Sept. 26, the court denied the motion. Hulsey then orally moved to represent himself. The motion for self-representation is pending before Judge Joseph Kreamer.
In late October, defense counsel filed an ex parte motion to determine counsel. The court heard the motion ex parte Nov. 5, and denied it Nov. 6. Defense counsel’s latest motion essentially renews their request to be allowed to withdraw from representing defendant.
The Sixth Amendment guarantees criminal defendants the right to representation by counsel, but “an indigent defendant is not ‘entitled to counsel of choice, or to a meaningful relationship with his or her attorney.’” A defendant’s Sixth Amendment right to counsel is violated “when there is a complete breakdown in communication or an irreconcilable conflict between a defendant and his appointed counsel.”
Reeves and Hubbard claim they have an irreconcilable conflict with Hulsey.
In denying the motion Nov. 6, the court found that the conflict was less than irreconcilable. The court also warned defendant that if he continued to engage in such conduct with his counsel, he would forfeit his right to counsel and be required to represent himself. The court also warned him about the risks of self-representation. Hulsey promised to behave himself.
The court also noted that personality conflicts or disagreements with counsel over trial strategy or mere animosity causing loss of trust or confidence do not constitute an irreconcilable conflict. In addition, when “a defendant behaves unreasonably with respect to his appointed counsel, he cannot then complain that the result is a fractured relationship that entitles him to a new lawyer.”
The court found that defense counsel’s motion to reconsider does not present any new information demonstrating an irreconcilable conflict with defendant.
If the trial date remains unchanged at March 4, 2013, the time elapsed since the murder of Anthony Holly will have been six years. Holly was 24 at the time of his death. His mother, Nancy Bonner, has continued to stay informed about any changes in the case.

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