PRESTONSBURG, Ky. — The attorney for the man accused of killing Amber Spradlin last year has explained to the judge overseeing the case that he simply made a mistake when including false information in a motion to the court.
Randy Martin O’Neal, of Richmond, is representing M.K. McKinney, 24, of Martin, who is charged with Spradlin’s murder. McKinney is also charged along with his father, Michael McKinney, and Josh Mullins with seven counts of complicity to tamper with physical evidence for allegedly trying to cover up the crime.
Last week, O’Neal made a motion to dismiss the indictment against his client, saying it was not returned in open court as required and that the secrecy of grand jury proceedings was violated when police and media were tipped off to be prepared for potential arrests.
When making arguments, attorneys routinely cite previous cases which support their positions. But Special Judge Eddy Coleman questioned O’Neal’s citation of three cases in his motion, saying there is no evidence that the cases actually exist, and he ordered O’Neal to correct the citations or provide the cases.
In a corrected motion, O’Neal included copies of three different cases but provided no explanation for the earlier citations. Because of that, Coleman ordered him to show cause for why he should not be held in contempt of court when he holds a hearing on the motion next week.
In an email that has now been entered into the court record, O’Neal explained that the incorrect citations were simply placeholder text that were included for formatting reasons. O’Neal says in the email that he was working on versions of the motion that were saved on different computers, and when he went to make a last-minute change, he accidentally edited an earlier version that still had the placeholder text.
“I admit that this was solely my fault,” O’Neal wrote. “I was in a rush and didn’t even think to doublecheck the footnote to make sure it was the correct version before I filed it. I sincerely apologize for the confusion and extra work that I have caused you, Judge Coleman and everyone else involved due to my mistake.”
The judge has also given some indication about how the proceedings will go when attorneys gather Monday to discuss the motion to dismiss, and at least one of the grounds appears to be a long shot for the defense.
In addressing the matter of grand jury secrecy, the judge cited a 1958 case that says the secrecy of grand jury proceedings is to protect witnesses and people who are not indicted, but not for indicted defendants. As such, he has ordered the attorneys to address whether the defendants have standing to question the indictment on those grounds.
Judge Coleman also notes that he has reviewed a recording of the grand jury reporting the indictments to Circuit Judge Johnny Ray Harris at 1:04 p.m. He also included copies of the indictment, arrest warrant and order for a special judge that were sent to his office 13 minutes later.
A hearing will be held to address all pending motions and the question of whether O’Neal will be held in contempt Monday morning in Floyd Circuit Court.
