PRESTONSBURG, Ky. — As expected, the prosecution has filed a motion seeking a delay in the Amber Spradlin murder case, saying not all of the evidence will have been examined before the start of the trial.
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 three men are currently scheduled to go on trial Dec. 1. Commonwealth’s Attorney Brent Turner filed a motion seeking a continuance on Monday, saying at least 33 items of evidence will not have been analyzed before that date.
“As the court knows, the commonwealth only gets one shot at this, and we have no ability to appeal an adverse outcome at trial,” Turner wrote in the motion. “We simply cannot be ready for trial on Dec. 1, and it would be prejudicial to the commonwealth, the victim and the victim’s family if we were required to go to trial on that date.”
Turner also says a delay also is in the defendants’ best interests.
“It would also not be in the interest of any defendant to go to trial with such a large number of items still untested,” Turner wrote. “There is always the possibility that some of the test results could be exculpatory to one or more defendants. And this does not even take into account the fact that there are experts for both sides who would not be able to render an informed opinion without all of the test results.”
The issue of whether or not the trial should be delayed is likely to come up later this week, when the next hearing in the case is held on Thursday. Special Judge Eddy Coleman could rule on the request that day, or he could ask all attorneys to submit briefs arguing their positions and rule at a later time. Mountain Top News plans to stream the hearing on the Mountain Top News Facebook page, the Mountain Top TV app and on Mountain Top TV.
A copy of Turner’s motion for a continuance follows:
