CONWAY -- Prosecutors urged a judge Thursday to deny a defense motion that 14-year-old Justin Staton appear only in civilian clothing and without restraints when he is in court on capital-murder charges in the shooting deaths of his legal guardians.
Staton is set to enter a plea Tuesday.
The decision on whether a defendant wears civilian clothing rather than jail uniforms and restraints is up to the sheriff's office "and the bailiffs who are responsible for courtroom security," Deputy Prosecuting Attorney Hugh Finkelstein wrote.
Prosecutors also asked that Staton wear jail clothing and restraints during all court hearings except for the jury trial.
Staton, of Conway, and Hunter Drexler, 17, of Clinton are charged as adults with two counts each of capital murder, aggravated robbery, theft of property by threat and abuse of a corpse in the July 21 killings of Robert and Patricia Cogdell, both 66.
Authorities have said the killings at the couple's Conway home were part of a plot aimed at stealing money and credit cards.
For several years, the Cogdells raised Staton. According to a 2010 court document in his guardianship case, Staton at that time still believed they were his paternal grandparents, despite 2008 genetic testing proving otherwise.
Prosecuting Attorney Cody Hiland has said he expects to file more charges against other people in the case.
Police in Texas arrested Drexler and two other teenagers on July 23, described them as "persons of interest" in the deaths and turned them over to Arkansas authorities. Staton was taken into custody at his mother's Conway home.
All four teenagers remain in custody.
Finkelstein also asked the court to deny a defense motion that would require investigative officers to retain their rough notes.
"The retention or destruction of rough notes is solely in the discretion of the officers, and the State will not instruct the officers to either retain or destroy rough notes unless ordered to do so by this Court," he wrote in documents filed in both defendants' cases.
In a response filed in Drexler's case, Finkelstein said the prosecution would "make copies of all video or audio recordings of all interviews available to the defense attorneys."
Drexler's attorney, Patrick Benca, also had asked that all blood samples taken during the investigation be preserved and that any sample be sufficient for "an independent blood analysis" of alcohol, drugs or other substances.
Finkelstein said the state has asked the lead investigator to contact the state Crime Laboratory "to ensure that blood samples are retained if practicable under the circumstances."
Another defense motion filed recently by Staton's attorney, Gina Reynolds, asked the court to prohibit the state "from informing witnesses what other witnesses may have said or from preparing its witnesses together."
Finkelstein countered, "The state shall prepare its witnesses in the way that it deems proper, and it shall comply with the [Arkansas] Rules of Professional Responsibility" for attorneys.
Drexler already has pleaded innocent.
State Desk on 08/21/2015