Appeals court denies teen's recusal bid in double killing

The Arkansas Court of Appeals has denied a teenager's request to have his murder case immediately sent back to Faulkner County Circuit Court so that he can again ask a lower-court judge to recuse.

The appeals court ruled Wednesday in the case of Hunter Drexler, who is charged with two counts of capital murder in the July 21, 2015, shooting deaths of Robert and Patricia Cogdell, both 66, of Conway. Drexler, 19, of Clinton also is charged with two counts each of abuse of a corpse, aggravated robbery and theft of property by threat.

The appeals court's ruling, posted online, did not elaborate on the decision. The court did grant Drexler's attorney, Patrick Benca, more time to file a brief in the appeal of Circuit Judge Troy Braswell's order denying Drexler's request to have the case moved to juvenile court. Benca now has until Wednesday.

Benca declined comment Thursday on the appeals court's denial in response to a question asking if he planned to appeal the ruling or had any other comment.

Details on the recusal request, which apparently has been made and denied previously on the lower-court level, have not been made public. Benca's motion seeking the immediate return to circuit court for an evidentiary hearing, bail reconsideration and other relief is under seal and also not open to the public.

Drexler has been jailed without bail since his arrest in July 2015.

Three other teenagers --Justin Staton, now 16, of Conway; Connor Atchley, now 19, of Greenbrier; and Anastasia Roberts, now 19, of Conway -- have reached plea agreements and are in prison on murder and other offenses. All four teenagers were under 18 when the killings occurred, but all were charged as adults.

The Cogdells had been Staton's legal guardians since he was 10 years old, even though they already had learned through genetic testing that he was not their biological grandson as they had thought.

The Arkansas Democrat-Gazette learned of the recusal issue when the clerk's office for the state appeals court did not immediately seal the state's response to Benca's motion seeking remand. The office later sealed the response.

Braswell, a former deputy prosecuting attorney, has presided over Drexler's case since shortly after the charges were filed.

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State Desk on 09/01/2017

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