Judge gives permission to preserve phone records as evidence in Cape murder case

A Jackson man charged with a murder in a fatal stabbing outside a downtown Cape Girardeau bar earlier this month was granted permission to preserve any calls he made immediately after the incident as evidence Tuesday.

Ryan Harkey, 23, waived his formal arraignment and will appear back before Judge Scott Thomsen on Jan. 24 for a preliminary hearing that will last up to two hours, Cape Girardeau assistant prosecuting attorney Julia Meiner said in court.

In the early morning of Dec. 9, Harkey allegedly stabbed Jerry Conrad in the heart following an altercation that began inside Rumors, 36 N. Spanish St.

Police said it was Harkey who first called 911, saying he had just been in a fight and that he "may have possibly stabbed someone."

"Those were statements that he was purported to have made at the time," said Harkey's attorney, Arthur Margulis, in a phone interview Tuesday afternoon. "He has not made any kind of a confession."

An officer went to look for Harkey in the area. About the same time, a probable-cause statement filed with the court says, other officers were near North Spanish Street and Broadway, where they were flagged down by several people just west of Rumors Bar and Lounge.

Police found Conrad in the southeast corner of the Common Pleas Courthouse lawn. Conrad had been stabbed three times in the upper chest, the statement says.

Police found no pulse and administered CPR until an ambulance arrived. Conrad was pronounced dead at 1:23 a.m. at Saint Francis Medical Center.

Harkey was charged with second-degree murder the same day. He stayed in custody until Dec. 13, when a bondsman for Philip Wayne Childress Bail Bonds posted Harkey's $250,000 surety bond, according to Missouri Case.Net.

Harkey cannot leave his home and must wear a house arrest device at all times, per the conditions of his release.

Harkey maintains his innocence, Margulis said, noting that he doesn't yet know what methods he will use in Harkey's defense.

"It would be premature to determine what the defense would be at this point," Margulis said. "We're at the very beginning of this. I haven't seen any police reports. I've seen a probable-cause statement but I don't have near enough information to make a decision on that."

Margulis, who is based in St. Louis, filed a motion Dec. 21 to preserve any cellphone calls, 911 calls and police radio transmissions relevant to the case. Thomsen granted that motion Tuesday.

psullivan@semissourian.com

388-3635

Pertinent address:

36 N. Spanish St., Cape Girardeau, MO

100 Court St., Jackson, MO