Defense: Release records of teen

Guardians slain, he can’t give OK

CONWAY -- The lack of a guardian for a 14-year-old defendant has become an issue in his capital-murder case.

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In a motion filed Tuesday and placed online Wednesday, public defenders asked a court to authorize the release of Justin Staton's records, such as medical and educational documents, because he is too young to consent to their release and has no living guardians.

Justin and Hunter Drexler, 17, of Clinton are each charged as adults with two counts of capital murder in the July 21 shooting deaths of the couple who had been Justin's legal guardians since he was 9 -- Patricia and Robert Cogdell, both 66, of Conway.

Both teenagers have pleaded innocent in Faulkner County Circuit Court.

The motion, filed by attorneys Gina Reynolds and Charlotte Aceituno, asks that the court "enter an order authorizing the release to defense counsel of any and all requested records, including but not limited to educational, medical, and mental health records, concerning" Justin Staton.

A private attorney, Patrick Benca, represents Drexler in his defense.

Justin's attorneys said they needed the records to prepare for trial and to provide effective representation. They noted that such records "may contain potentially exculpatory and/or mitigating evidence relevant" to the case.

"Defense counsel will be unable to obtain said records ... without the consent of Defendant's legal guardians, who are now deceased," his attorneys wrote.

"As a minor, Defendant is unable to consent to the release of certain records to defense counsel," they added. "Without the ability to consent to the release of necessary records, Defendant's ability to meaningfully assist in his own defense is severely hindered, thereby diminishing his capacity to stand trial."

Contacted Wednesday, Prosecuting Attorney Cody Hiland said, "Any response [to the motion] will be in writing" to the court.

In 2010, a judge in Conway County granted guardianship of Justin to the Cogdells after he found that the boy and two stepbrothers would have been "in imminent danger of irreparable harm" if they were placed back in the home of their mother, Michelle Staton, 36.

Police arrested Michelle Staton, who now lives in Conway, on outstanding drug and failure-to-appear charges on the same day they took her son into custody in the Cogdells' deaths. She remained in the Faulkner County jail Wednesday.

The boy's maternal grandfather, Randy Staton, filed a motion seeking to become the child's "substitute" guardian in April, but the case was still pending when the Cogdells died.

Justin and Drexler are being held without bail in the Faulkner County jail. Their cases are before Circuit Judge Troy Braswell, who presides over most matters involving juvenile defendants in the 20th Judicial Circuit.

Justin and Drexler also are charged with two counts each of abuse of a corpse, theft of property by threat and aggravated robbery. Because they are under 18, the two could face a maximum sentence of life in prison without parole if they are convicted, but cannot face the death penalty.

State Desk on 09/03/2015

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