Trial to begin in 2007 death of Glendale officer

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by The Associated Press

Video report by Mike Watkiss

Posted on May 12, 2014 at 5:12 PM

Updated Tuesday, May 13 at 1:02 PM

PHOENIX (AP) -- Jury selection began Monday for an Arizona man charged with fatally shooting a police officer seven years ago in metro Phoenix during a routine traffic stop.

Bryan Wayne Hulsey, 40, is charged with killing Glendale Officer Anthony Holly, 24, during the February 2007 stop.

Hulsey has pleaded not guilty to first-degree murder, attempted first-degree murder and misconduct involving a weapon. Prosecutors are seeking the death penalty.

Opening statements are tentatively set for June 2 and the trial is scheduled to run through mid-August.

The shooting unfolded after a vehicle in which Hulsey was a passenger was pulled over in the Phoenix suburb of Glendale.

Hulsey got out of the vehicle and started firing, authorities said.

The other officer at the scene returned fire and struck Hulsey in one of his legs.

Prosecutors say Hulsey killed Holly in the exchange of gunfire. Hulsey's attorneys have questioned whether Holly was unintentionally shot by the other officer.

Defense attorneys made the suggestion about the other officer based on the fact that the bullet that killed Holly wasn't recovered during the autopsy, though tiny metal fragments remained in his body.

A judge declined a request by Hulsey's attorneys to exhume the officer's body after his lawyers said a medical examiner who performed Holly's autopsy didn't extract a foreign substance that was visible from X-rays of the officer's head. A ballistic expert for Hulsey's defense said he believes those substances are metal fragments from the bullet that killed the officer.

Prosecutors said there was no credible evidence that Holly was shot by the other officer and that the exhumation request was "wishful thinking" by defense lawyers who hope they may turn up something from the body.

A judge turned down the exhumation request, citing that the body had already been cremated.

Hulsey's lawyers later asked a judge to dismiss their client's charges because they said evidence was destroyed in the cremation. A judge denied the request.

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