Attorneys argue over evidence

Defense attorneys for a homeless man charged with fatally stabbing a Warren man in March are trying to keep his hospital interview with police from counting against him during a trial.

Richard Clark, 39, formerly of Warren and Niles, is facing aggravated murder, robbery and heroin possession charges for fatally stabbing Dwayne Hickman, 39, in his Williamsburg Street N.W. home.

Clark’s attorney, Matthew Pentz, said Friday during the suppression hearing in Trumbull County Common Pleas Court that Clark’s interview should be barred from proceedings because he had just come out of a coma.

Pentz also argued that a search of a home where Clark was staying at the time of the murder was illegal because Clark never gave permission.

Clark, who was homeless at the time, was staying with Melody McGlothlin. Police found Hickman’s car at McGlothlin’s home and inquired about it. McGlothlin told police Clark brought the vehicle home.

She went to find Clark, but found him passed out in her bathtub from a drug overdose. Clark was then taken to the hospital.

Police then asked to search the room Clark was staying in and McGlothlin granted it.

Prosecutors said Clark was allowed to give permission for the search because she lived in Section 8 housing and was not officially allowed to sublet her apartment, meaning she was able to consent to the search.

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