Hearing today for teen charged in Conway couple's killings

CONWAY -- A judge is scheduled to hear arguments today in a dispute over subpoenaing witnesses to a hearing aimed at deciding whether Hunter Drexler's murder case will be transferred to a juvenile court.

ADVERTISEMENT

More headlines

Drexler, 19, of Clinton is charged in the July 21, 2015, shooting deaths of a Conway couple, Robert and Patricia Cogdell, both 66. Drexler, one of four teenagers who were charged in the case, is awaiting trial on two counts each of capital murder, abuse of a corpse, aggravated robbery and theft of property.

Drexler's transfer hearing is set for Oct. 18-21 in Faulkner County Circuit Court before Judge Troy Braswell, who will preside over today's hearing.

During a court session Sept. 20, defense attorney Patrick Benca said both sides would treat any subpoena as one for both parties, "meaning that no person could be released from a subpoena without the agreement of both parties," he and Drexler's other attorneys wrote in a motion filed Tuesday.

On Friday, the defense gave the state a list of witnesses it wanted for the October hearing, they said.

The state responded that it would honor the reciprocal agreement for the October hearing only and not for the trial, they added. "Defense Counsel agreed that it was appropriate for each side to issue its own subpoenas for trial," they wrote.

But on Monday, Drexler's attorneys said, "the State reneged on its stipulation for reciprocal subpoenas via email ... and stated after 'thinking about the subpoena issue a lot over the weekend ... I do not believe it is possible for us to agree to subpoena your witnesses to the juvenile transfer hearing for you.'"

The defense said such stipulations are intended to "simplify, shorten, and save costs to both parties."

"It is imperative stipulations are enforced in order to ensure fair play is conducted by both parties, to encourage judicial economy, and to prevent irreparable harm from a party trying to withdraw from a valid stipulation," the defense argued.

Chief Deputy Prosecuting Attorney Hugh Finkelstein said Wednesday that the parties had discussed "reciprocal subpoenas when we were having a jury trial where the State has the burden of proof."

"The more we looked at doing the same thing for a juvenile transfer hearing where the defendant has the burden of proof, it became apparent that it was not a tenable process," Finkelstein said. "As always, we will allow the judge to decide, and abide by his decision."

Two of Drexler's co-defendants have pleaded guilty to murder and other charges and have been sentenced to prison. They are Connor Atchley, 18, of Greenbrier and Justin Staton, 15, of Conway. Staton lived with the Cogdells, who were his legal guardians.

Another defendant, Anastasia Roberts, 18, of Conway, is awaiting trial on two counts of first-degree murder and felony theft by receiving.

State Desk on 09/29/2016

Upcoming Events