(WYMT/WKYT
) – Prosecutors filed a motion to continue the trial date involving Michael “MK” McKinney III, who was charged with murder in the Amber Spradlin case.
In the motion filed, prosecutors cited that ongoing forensic DNA testing would not be complete in time for the trial, which is scheduled for May 11.
Court records show the trial had previously been rescheduled after prosecutors requested more time for forensic testing. In that earlier order, the court found delaying the trial until DNA testing could be completed was justified, comparing the lack of DNA evidence to a “missing witness,” and noted incomplete testing could potentially prejudice the defendants by preventing them from obtaining possible exculpatory evidence.
In the newly filed motion on Wednesday, the Commonwealth says it is still waiting on results from two large DNA submissions. Prosecutors state the Kentucky State Police lab has begun testing the final submission, but the lab informed the Commonwealth the work will not be completed before the trial date. Prosecutors also said testing has been completed on another submission, but that report remains in the peer review process and has not yet been released.
The motion also notes the defense previously objected to a continuance largely because McKinney was incarcerated and unable to make bond at the time. Prosecutors say McKinney has since posted bond and is now out of custody. With all three defendants now out on bond, the Commonwealth argues there is no need to rush the case to trial without all evidence available.
The Commonwealth is asking the court to continue the trial date and instead schedule a status conference in May or June to evaluate where testing stands and to set a new trial date.
The motion was filed in Pike Circuit Court.