BENTONVILLE -- Prosecutors can use an accused murderer's statement to police as evidence at trial, Circuit Judge Robin Green ruled Thursday.
Michael Eugene Conklin, 27, of Bentonville is charged with capital murder and aggravated robbery. He pleaded not guilty to the charges and is being held without bond in the Benton County Jail.
About The Case
Michael Eugene Conklin of Bentonville could be sentenced to life imprisonment or the death penalty if convicted of capital murder. He faces from 10 to 40 years or life imprisonment if convicted of aggravated robbery.
Source: Staff report
His jury trial is set to begin Jan. 19. Prosecutors will seek the death penalty.
He's accused of killing his grandmother, Nelma Darline Conklin, 76, in her Bentonville home in July 2014. Stab wounds to the neck were the cause of death, according to court documents.
Conklin's attorneys filed a motion claiming he didn't voluntarily give a statement to police. The suppression motion claims the State Hospital found Conklin has an 76 IQ and didn't voluntarily, knowingly or intelligently waive his right to refuse to speak to police without an attorney.
Conklin's statement should be excluded as evidence at trial, they argued.
The defense also claimed environmental conditions may have made Conklin susceptible during interrogation. The four-hour interview wasn't played in court. Green watched it outside of the courtroom.
Stuart Cearley, chief deputy prosecutor, told Green that Conklin gave a voluntary statement to police and told them what he did to his grandmother.
Green said she watched all of the interrogation and it was given voluntarily based on her review.
In a separate issue, Conklin wrote a letter to Green in September claiming he smelled alcohol on Scott McElveen, one of his attorneys, during court appearances.
McElveen denied the allegation. McElveen said he and Conklin have never had any issues. Conklin, questioned Thursday by his other attorney, Ernie Witt, admitted the allegation wasn't true. Conklin said he wrote the letter while upset and angry.
McElveen told Green the letter wouldn't impact his representation of Conklin, and he'll remain on the case.
Police went to Nelma Conklin's home for a welfare check July 20, 2014. She hadn't been to work at Walmart on Pleasant Grove Road in Rogers since July 14.
Police found her dead in the garage at 3300 S.W. Elm Manor Ave. Her body was concealed by trash bags and pieces of cardboard, according to a probable cause affidavit.
Michael Conklin lived with his grandmother. He was arrested several days later in Saline County.
Police interviewed Nelma Conklin's family and co-workers and learned she and her grandson hadn't been getting along, according to court documents.
NW News on 11/13/2015