Proffitt Defense Wants To Suppress Statements

— Defense attorneys who represent a Rogers man accused of killing an 11-month-old boy don’t want his statements to police used as evidence at trial.

Michael Proffitt Jr., 38, is charged in connection with capital murder. He could be sentenced to life in prison without parole or the death penalty if convicted. Proffitt is being held without bond in the Benton County Jail.

Rogers police arrested Proffitt on June 4 in connection with the boy’s death. Proffitt is accused of killing the boy while watching him for his stepson and his stepson’s fiancee May 30, according to court documents.

The four, including the child, lived at the 8th Street Motel in Rogers after being evicted from their apartment. The child’s mother, Chantel Martinez, told police she noticed bruising on her son after she left him with Proffitt in the past, according to a probable cause affidavit.

Tim Buckley, one of Proffitt’s attorneys, recently filed a motion to suppress statements Proffitt gave to police on three days.

According to the motion, Proffitt initially was interviewed at the motel May 30. The motion claims Proffitt wasn’t under arrest, but describes the situation as coercive since Proffitt was in a small hotel room with two Rogers police detectives who wanted information. Buckley’s motion claims Proffitt functions at a low level intellectually, was intimidated by the officers, felt he couldn’t leave the room and couldn’t refuse to answer questions, thus making the statement involuntary.

The motion claims a May 31 statement Proffitt gave police wasn’t voluntarily given even though Proffitt was read his Miranda rights by police.

Proffitt gave a third statement June 4. He was again given his Miranda rights, but Buckley’s motion claims the statement was given under coercive police tactics.

Prosecutors haven’t filed a response to Buckley’s motion.

Proffitt initially told police the child fell off a bed, according to the probable cause affidavit. He later said the infant fell from his bassinet. He also said he shook the child and hit the boy’s head on a dresser, according to court documents.

Dr. Frank Peretti with the Arkansas State Crime Lab said the child suffered a skull fracture on the back of his head, blunt force head injuries and numerous bruises to his face, neck and head, according to court documents.

The child was pronounced dead at Arkansas Children’s Hospital in Little Rock, according to court documents.

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