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Prosecution seeks another delay in Amber Spradlin case
PRESTONSBURG, Ky. — The Amber Spradlin murder trial could be delayed again, after prosecutors asked for another postponement on Wednesday.
Spradlin’s body was found June 18, 2023, at the Arkansas Creek home of Prestonsburg dentist Michael McKinney. McKinney’s son, M.K. McKinney, has been charged with her murder, while both McKinneys and family friend Josh Mullins are charged with multiple counts of evidence tampering for allegedly trying to cover up the crime.
The case was originally set for trial Dec. 1, but Special Judge Eddy Coleman delayed it until May 11, after Commonwealth’s Attorney Brent Turner said the extra time was needed for the Kentucky State Police Forensic Lab to complete DNA testing on the final two batches of evidence.
But in a motion filed on Wednesday, Turner says the prosecution is still waiting for results on those final batches.
Turner said the final batch has begun testing, but is not complete. He added that he has been told testing will not be finished before the current trial date. The penultimate batch has completed testing, but is still undergoing peer review before the final report is written.
Turner noted that the court’s reasons for the delay from December until May still stand.
“In doing so, the court found that delaying the trial until DNA testing could be completed was justified and that the absence of available DNA evidence would be equivalent to a missing witness,” Turner writes in the motion. “The court further held that the failure to complete testing could prejudice the defendants by causing them to lose potential exculpatory evidence.”
And perhaps anticipating a possible objection from the defense, Turner argues that circumstances have changed since the last delay, now that M.K. McKinney has been released from jail to home incarceration.
“The defense’s objection to the previous continuance was based primarily on the fact that the defendant, M.K. McKinney, was still incarcerated and unable to make bond,” Turner wrote. “Since that time, he has made bond and is now out of custody. With all three defendants out on bond, there is no reason to rush the case to trial without all of the evidence being available.”
The motion asks the court to cancel the May 11 trial and set a hearing for sometime in May or June in order to select a new trial date.
A copy of Turner’s motion follows:
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