By John Estridge
The man accused of killing Denise Pflum in 1986, has his Motion for Suppression hearing set.
Shawn McClung, Connersville, has been charged with Voluntary Manslaughter (in sudden heat and without a deadly weapon), as a class B felony, regarding Pflum’s March 28, 1986, death.
His attorney, Jud McMillin, recently filed a motion to suppress McClung’s alleged confession to police about causing Pflum’s death. The hearing is now set for 1 p.m., Monday, September 28.
In his motion, McMillin said the confession should be suppressed because “…respectfully request that the Court issue an order suppressing the evidence obtained by the State in this matter for reason that the evidence was obtained in violation of Mr. McClung’s State and Federal Constitutional rights. The Defendant’s statements, which have previously been used against him as the sole basis for establishing probable cause, and which are likely to be used against him at trial, were obtained in violation of his State and Federal rights against self-incrimination, his right to counsel, and were not given freely and voluntarily.”
According to the Affidavit of Probable Cause filed in the case, police stated in July, McClung admitted to killing Pflum.
It appears McMillin is saying, in the motion, the admission came without McClung being read his rights and/or not allowing him to have an attorney present when the police questioned McClung.
Also, according to the Affidavit of Probable Cause, McClung previously told police he assisted Pflum in leaving the state in 1986, and she was still alive and living in another state. He also allegedly told police, in the past, that he had communicated with her subsequent to 1986.
And when McMillin stated “The Defendant’s statements, which have previously been used against him as the sole basis for establishing probable cause, and which are likely to be used against him at trial …” He apparently believes without the admission, the prosecutors do not have a case.
A Change of Venue hearing was held Friday afternoon, September 18, before Fayette Circuit Court Judge Hubert Branstetter. A decision on that hearing was not filed on the case that afternoon. If McMillin wins that motion, the trial will be moved out of Fayette County.
However, if McMillin wins the Motion to Suppress, there may not be a trial.