EDITOR’S NOTE: There has been an update to this story, after the judge agreed to allow McKinney to meet with his attorneys on a more limited basis than the attorneys had been asking. You can read that story at https://mountain-topmedia.com/after-confusion-judge-allows-murder-suspect-limited-release-to-meet-with-attorneys/.
PRESTONSBURG, Ky. — Media reports that M.K. McKinney has been granted “temporary release” from house arrest are not accurate, Mountain Top News has confirmed.
McKinney is accused of the June 18, 2023, the murder of Amber Spradlin. Spradlin’s body was found in the home of McKinney’s father, Prestonsburg dentist Michael McKinney. Both McKinneys and family friend Josh Mullins are also charged with evidence tampering for allegedly trying to cover up the crime.
Media reports Friday morning suggested that M.K. McKinney had been given permission to travel to meet his attorneys in Louisville from 7 a.m. to 11 p.m. each day from April 28 to May 10, in order to prepare for trial. That information appears to have been based a mistaken assumption that proposed orders filed with the motions.
Anytime an attorney files a motion asking the judge to grant a request, they are also file “proposed orders” which would grant the request. However, those proposed orders are not in effect unless signed by the judge, and the proposed order granting M.K. McKinney temporary release from home incarceration has not been signed. And while judges can sign proposed orders when approving a motion, they often do not grant everything an attorney asks for and will instead issue their own orders reflecting the difference.
As of lunchtime on Friday, none of the proposed orders have been signed, and no additional orders have been issued.
Fox 56 News, which first reported the story, has since issued a retraction.
A similar request for release to meet with attorneys has also been filed by Michael McKinney.
M.K. McKinney’s attorneys are also asking the judge to force the prosecution to disclose any agreements with Roy Kidd, who was also in the house the night of the murder, in exchange for his testimony. From the early days of the case, defense attorneys have claimed that Kidd, not M.K. McKinney, is the most likely suspect in Spradlin’s murder.
There is no timeline for when the judge could issue a decision on the motions. Previously, Special Judge Eddy Coleman has said he will rule on pretrial motions after a jury is selected and before opening arguments begin.
The defendants are currently scheduled to go on trial May 11, but Commonwealth’s Attorney Brent Turner has renewed his request for a delay in the case in order to allow more time for DNA testing to be completed on some outstanding evidence.
