BENTONVILLE — Prosecutors can use a murder suspect’s statement to police as evidence at his trial, a circuit judge has ruled.
Michael Eugene Conklin , 27, of Bentonville is charged with capital murder and aggravated robbery in the death of his grandmother, Nelma Darline Conklin, 76, in her Bentonville home in July 2014. Stab wounds in the neck were the cause of death, according to court documents.
He has pleaded innocent to the charges and is being held without bail in the Benton County jail. His jury trial is set to begin Jan. 19. Prosecutors will seek the death penalty.
Conklin’s attorneys filed a motion that claimed he didn’t voluntarily give a statement to police. The suppression motion claims the State Hospital found Conklin has an IQ of 76 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 at a hearing Thursday.
The defense also claimed that environmental conditions may have made Conklin susceptible during interrogation. The four-hour interview was not played in court. Circuit Judge Robin 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 had watched all of the interrogation and it was given voluntarily, based on her review.
Conklin testified Thursday concerning an issue separate from the suppression matter. He wrote a letter to Green in September that claimed he smelled alcohol on Scott McElveen, one of his attorneys, during court appearances.
McElveen testified and denied the allegations. McElveen said he and Conklin have never had any issues.
Conklin, questioned by his other attorney, Ernie Witt, admitted the allegations were not true. Conklin said he wrote the letter while upset and angry.
McElveen told Green the letter would not affect his representation of Conklin, and he will 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 the Wal-Mart store on Pleasant Grove Road in Rogers since July 14.
Police found her dead in the garage at 3300 SW. 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.