Judge suspends Drexler hearing after dispute over text messages

Hunter Drexler
Hunter Drexler

CONWAY -- The admissibility of text messages purportedly exchanged between two teenagers charged in a Conway couple's killing was the root of a court dispute Friday that prompted the judge to suspend the hearing until at least December.

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Hunter Drexler, 19, is charged as an adult with two counts of first-degree murder and other felonies related to the deaths of Robert and Patricia Cogdell, both 66, in July 2015. This week's hearing, paused on its fourth day, was to determine whether the case should be transferred to juvenile court, where Drexler would likely face a less-severe penalty if convicted.

The alleged role Drexler played in the Cogdell's deaths is one of at least nine factors that state law requires Faulkner County Circuit Court Judge Troy Braswell to consider before making the decision.

Prosecutors on Thursday and Friday sought to introduce as evidence text messages Drexler allegedly exchanged with 15-year-old Justin Staton, who lived with the Cogdells and who pleaded guilty earlier this year to two counts of first-degree murder.

"This evidence is necessary to know the truth," Chief Deputy Prosecuting Attorney Hugh Finkelstein said during arguments about the messages, which investigators lifted from Staton's iPod on April 28 after Staton shared the code to unlock the device, according to testimony.

Braswell told the court he would suspend the hearing to allow Drexler's defense attorney to retain or consult with an expert in data recovery from electronic devices. Braswell has not ruled whether the messages are admissible as evidence. A status review is set for Dec. 14.

Conway police detective Brian Williams, who testified that he received U.S. Secret Service training on how to extract information from devices such as the iPod, was on the stand when Braswell decided to suspend proceedings.

On Wednesday, Benjamin Churchwell, who was locked up in juvenile detention with Staton, testified that during a conversation, Staton took sole credit for shooting his legal guardians. Drexler's father, Michael Drexler, on Thursday testified that guns investigators have linked to shell casings found in the Cogdell residence were taken from the home he and his son shared.

Two other teenagers have been charged in the Cogdells' deaths. Connor Atchley, 18, has pleaded guilty to murder charges, and 18-year-old Anastasia Roberts is awaiting trial. None of Drexler's co-defendants were called to testify this week.

Drexler is also charged with two counts each of aggravated robbery, theft of property obtained by threat of serious physical injury and abuse of corpse, all felonies.

Close to 120 exhibits were introduced and 27 different witnesses were called to the stand, some multiple times, in the Drexler hearing. Attorneys on both sides said the hearing is unusually complex compared with juvenile-transfer cases they're accustomed to litigating.

Drexler's defense attorney, Patrick Benca, while presenting his case this week, first took aim at the credibility of the investigation, questioning detectives and officers about why they made certain decisions and did not collect specific evidence, including a droplet of blood on the kitchen floor.

Benca told Braswell he was trying to impeach the credibility of his own witnesses, explaining that the credibility of their investigation has a direct on bearing on their allegations of the role Drexler played before and during the killings.

Finkelstein on Thursday focused on Drexler's struggle to pass drug tests that were court-ordered after he was charged with possession of drug paraphernalia in 2014.

Drexler began missing school, uncharacteristically faltered in cross-country running events and failed 26 out of 50 drug screens administered during a three-month period, witnesses testified Thursday.

Police recovered credit cards belonging to Robert Cogdell and the city of Maumelle, where Cogdell worked as the head of public works, in Drexler's Chevrolet Tahoe after the killings, the lead investigator testified.

Benca said outside of court that Drexler "signed up for running away" after growing frustrated with and embarrassed by requirements imposed on him by the juvenile court system.

Finkelstein has said he's showing that Drexler "was just as responsible" as Staton for the Cogdells' deaths.

Braswell's decision to suspend the hearing followed a series of objections by Benca, who argued that the defense was not properly informed that an expert would testify and would require time to retain or consult with an expert of itsown.

Benca asked Braswell to disqualify Williams from testifying about the messages.

Braswell said that would be "too drastic a remedy at this time" and opted to suspend the proceedings, which Benca had requested as an alternative.

Finkelstein agreed that suspending the hearing was the best course of action, though he argued Benca knew that Williams' name was on a list of potential witnesses and on the cover page of a report concerning the contents of the messages that Benca received through discovery.

"Mr. Benca clearly had the information," Finkelstein said outside of court. "There's no reason to distrust that he didn't put one and one together."

Benca framed the issue as one of fairness, saying that allowing Williams to qualify and testify as an expert would put the defense at a disadvantage.

"If it comes in during this hearing, it comes in during trial," Benca told Braswell. "I can't unring that bell."

Finkelstein spent Friday morning calling witnesses who handled the iPod after Braswell ruled in Benca's favor on an objection the attorney made Thursday.

Benca argued the chain of custody had not been properly documented in court, so the integrity of the iPod's contents could not be trusted.

Braswell has not determined whether the witnesses called Friday sufficiently clarified the chain of custody, another necessity if the messages are to be introduced as evidence.

Staton gave the iPod to his sister Alexis Mitchell after the Cogdells were killed on July 21, 2015, Mitchell testified earlier this week. She said she put the device in a drawer.

Staton's public defender, Gina Reynolds, testified Friday that Staton's defense team received the iPod from their client's relatives on July 28, 2015.

No attorney working on Staton's case turned on or attempted to access the iPod's contents, Reynolds testified. It was stored in a locked filing cabinet, she said.

The defense team was court-ordered in March to turn the device over to investigators, Reynolds said.

Williams testified that he turned the iPod on after a search warrant was granted. He subsequently turned off the device after discovering it was pass-code protected, he said.

Staton later turned over the code and signed a document granting permission to search the device, Reynolds said.

Williams testified that the iPod was locked away in his office in the interim.

After Braswell's decision to suspend the hearing, Benca patted Drexler on the back before the defendant was handcuffed and taken back to jail, where he's being held without bail.

State Desk on 10/22/2016

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