Motion to Dismiss indictment in Spradlin case
By Roberta Cantrell
BSN Editor
No court date had been set in the near future to hear a motion filed by Michael (MK) McKinney III’s defense attorney to dismiss the indictment against him in the Amber Spradlin murder case.
McKinney (MK) is charged with murder and also seven counts of complicity of tampering with physical evidence.
According to the motion that was filed in the Floyd Count Circuit Court Clerk’s Office Thursday, August 8, MK McKinney’s attorney, Randy Martin O’Neal from Richmond, there was a breach of secrecy of the grand jury.
“In this case, it does not appear that the indictment was returned in open court or filed with the indictment returned in open court or filed with the Circuit Clerk prior to the indictment warrant being issued or served. This failure to comply with the procedural requirements required constitutes a significant defect in the indictment which cannot be cured at this point,” stated in a motion obtained by The Big Sandy News. “The court may direct that an indictment be kept secret until the defendant is in custody or has been given bail, in which event the clerk shall seal the indictment except when necessary for the issuance and execution of a warrant or summons, however, that did not occur in this case. In fact, it was just the opposite with media and members of the community were notified of the indictment and on standby to hold press for the arrest to be made so that it could be publicized. Clearly this was not a sealed indictment.”
The attorney also made reference to a Facebook post which he called “Exhibit 1” made by Amber’s family spokesperson. “We knew for two weeks that the grand jury would be meeting. It was worse than waiting on Christmas!!!! And we had to keep it quiet.,” said Debbie Hall. “All day Tuesday we waited for the text that indictments had been returned. As soon as we got the text, we took off for town. When we got there a helicopter was in the air then all of a sudden from nowhere there were all kinds of KSP marked and unmarked cars. Next thing I know KSP is leading the dentist (MK’s father) to patrol car and putting him in the back. It all happened so quickly and went so smoothly… I was very impressed. It felt great! Just wanted to brag on KSP. Job well done. Thank You!”
In a separate motion O’Neal asked for MK’s bond to be reduced saying the prosecutors could not come up with one single piece of evidence supporting their claims to the court stating “The allegations made by the commonwealth have been nothing more than a regurgitation of the theories promoted by the rumor mill.”
They continued stating that MK McKinney was not a flight risk and his bond should be reduced since the purpose of it is to ensure he appears in court.