By John Estridge
The man accused of killing Denise Pflum may have his alleged admission of guilt thrown out.
Shawn McClung is charged in Fayette County with Voluntary Manslaughter (in sudden heat and without a deadly weapon), as a class B felony, in the March 28, 1986, death of Pflum. Police allege McClung admitted to killing Pflum.
But that admission would be thrown out of court if McClung’s attorney Jud McMillin of Brookville wins his suppression motion.
In his motion filed on September 15, in Fayette Circuit Court, McMillin states “…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 the 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 after 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.
McMillin was McClung’s attorney of record. Then, McClung stated he was indigent and Fayette Circuit Court Judge Hubert Branstetter appointed McMillin to be McClung’s public defender.
No date has been set for a hearing on the suppression motion.
Also, earlier this summer, McMillin filed a motion for a Change of Venue. A hearing for that is set for 1:30 p.m., Friday, September 18.