CONWAY -- The oldest of four teenagers accused of murdering a Conway couple last year will get to keep secret a document arguing why his case should be transferred to juvenile court even though his co-defendants' similar motions were open to the public.
Two other motions on behalf of defendant Hunter Drexler of Clinton also have been sealed. One seeks to bar a life-without-parole sentence if he is convicted; the other deals with jury selection.
Drexler was 17 at the time of the shooting deaths July 21, 2015. He turns 19 today.
Drexler is charged with two counts of capital murder in the shooting deaths of Robert and Patricia Cogdell, both 66, but cannot be sentenced to death because of his age when the crime took place.
In asking to keep certain documents secret, Drexler's attorney, Patrick Benca, cited "the high level of publicity associated with" the case.
"The anticipated motion and memorandum in support thereof will include, as exhibits, several news articles and comments from social media users reacting to those articles," Benca wrote. "These exhibits also include user names associated with the majority of the comments.
"Defendant believes that his reliance on comments of potential jurors in support of his motion and the content of the comments themselves may further antagonize and prejudice the juror pool if these filings are made public," Benca added. "An additional concern is that the pleadings will reveal which attitudes and statements defense counsel finds objectionable such that a potential juror might attempt to frame his or her answers ... in a way that either conforms with or differs from these attitudes."
Judge Troy Braswell, ruling in Faulkner County Circuit Court, granted Benca's request Monday to file sealed documents seeking a questionnaire for and extended questioning of prospective jurors. Benca's motion had not specifically included the juvenile transfer or life without parole issues, but they were sealed on a court-records website Tuesday. Braswell also granted the request for a questionnaire for all prospective jurors.
Jailed without bail, Drexler is scheduled for trial starting Oct. 17 in Faulkner County Circuit Court. His would be the first case to go to trial in the killings of the Cogdells, who were the legal guardians of the youngest teenager, Justin Staton, now 15. Staton, who was 14 when the crime occurred, pleaded guilty in May to the less-severe first-degree murder and other charges and was sentenced to 35 years in prison.
According to the online court records site, Benca's motion to exclude a life-without-parole sentence asked that, in the alternative, special jury instructions be given "regarding juvenile factors at sentencing."
Benca cited a January decision by the U.S. Supreme Court that ruled more than 1,000 prisoners across the country, some jailed for more than 50 years for murders they committed as teenagers, would get a chance to seek their freedom. The justices voted to extend a 2012 ruling that struck down automatic life terms with no chance of parole for teenage killers. Now, even those who were convicted long ago must be considered for parole or given a new sentence.
The January decision did not expressly bar judges from sentencing teenagers to life in prison. But the Supreme Court has said such sentences should be rare and only for the most heinous crimes.
Drexler and Anastasia Roberts, 18, of Conway, are the only two of the four teenagers still awaiting trial.
Roberts' juvenile transfer hearing is set for Sept. 22, and she faces less-serious charges than Drexler: two counts each of first-degree murder and theft by receiving.
Her boyfriend, Connor Atchley, 18, of Conway, faced the same charges as she and was sentenced to 25 years in prison after he pleaded guilty in July. Atchley also was sentenced to the suspended imposition of an additional 15 years.
Staton and Atchley had asked Braswell to move their cases to juvenile court but pleaded guilty before hearings were held on those requests.
State Desk on 09/14/2016