Closing arguments are underway in the retrial of Edward Holley, the Orange County man accused of killing 20-year-old Megan McDonald in 2003.
Prosecutors rested their case Wednesday. As in the first trial last year, Holley’s defense is not calling any witnesses.
The courtroom was packed Thursday, with supporters on both sides present — including McDonald’s mother and sister. Holley also appeared to acknowledge family and friends seated behind him at the start of court.
Holley is charged with second-degree murder in the bludgeoning death of McDonald, whose body was found in a wooded area off a dirt path in the Town of Wallkill in March 2003.
His first trial ended in a mistrial last April after jurors were unable to reach a unanimous verdict.
Syracuse law professor and former upstate prosecutor Rick Trunfio is familiar with the case and interviewed with News 12 on Thursday. He said he believed from early on that the case against Holley would be difficult to prove.
“The first trial proved that this is a tough case,” Trunfio said.
Trunfio said another hung jury would force prosecutors to take a hard look at whether pursuing a third trial would be practical — even though there is no legal limit on how many times a case can be retried.
“Technically, they could try it again,” he said. “But at some point, practicality and common sense have to step in.”
He noted that special prosecutors are handling the case, meaning additional financial considerations could come into play for the county if the case were tried again.
Trunfio said second trials can sometimes benefit prosecutors because they now understand the defense strategy and what issues jurors struggled with the first time. But he cautioned that if jurors again cannot agree, it could signal deeper problems with the state’s ability to meet its burden.
“In a criminal case, the prosecution has to prove every element beyond a reasonable doubt — unanimously,” he said. “The defense only needs one juror with reasonable doubt.”
If this jury also deadlocks, Trunfio said prosecutors would likely need to engage in “serious soul-searching” about whether moving forward again would be the right decision — especially in a case that has already spanned more than two decades.
Closing arguments are expected to continue tomorrow before the case is formally turned over to the jury for deliberations.
Holley has pleaded not guilty and remains in jail without bail. If convicted, he faces 25 years to life in prison.