The man arrested last week and charged in connection with the 2003 murder of Megan McDonald will be released from jail Thursday, according to his lawyer, and the Orange County district attorney announced Wednesday that a special prosecutor would handle the case.
Edward Holley, arraigned last Thursday and charged with second-degree murder in the March 14, 2003, death of McDonald, was ordered released on the charge Wednesday by Judge Peter Green. According to Paul Weber, Holley's attorney, the decision comes after the Orange County district attorney's office did not indict Holley or present the case against him to a grand jury within the mandated six-day window.
Holley, however, remains in jail until Thursday on an unrelated druge charge, according to his lawyer.
The criminal complaint police filed last week portrayed an intimate relationship between McDonald and Holley, adding that McDonald ended it shortly before her death. On the night she died, New York State Police said McDonald was looking to buy marijuana from someone other than Holley, who usually provided it for her. But after trying unsuccessfully elsewhere, McDonald eventually turned to Holley, going to his apartment.
That’s where police alleged Holley killed McDonald while she sat in the driver’s seat of her car.
However, on Thursday, following Holley's arraignment, Orange County District Attorney David Hoovler said Holley had been arrested by New York State Police without the input from his office. He added the arrest meant a grand jury indictment must have been voted on within six days of the arrest, or Holley would be released.
"It is a better practice, and has long been customary in Orange County, for police agencies working on complex matters with our Office to consult with the District Attorney’s Office prior to formally filing charges," Hoovler said in a press release last week.
State Police are still charging Holley with second-degree murder. Holley is due back in court for the McDonald case on May 3.
In a statement released Wednesday afternoon, Hoovler announced he had requested a special prosecutor in the case due to a conflict of interest.
He said while in private practice prior to becoming district attorney, he represented a client in negotiations with the district attorney’s office regarding potential information that a client might provide regarding McDonald’s death. The client passed away prior to Hoovler taking office.
Julia Cornachio, an attorney who has prosecuted homicide cases in the Bronx County district attorney’s office and Westchester County district attorney’s office, was appointed special district attorney in the case and will be assisted by attorney Laura Murphy, was the chief of the Westchester County district attorney’s office cold case bureau, Hoovler said.