Prosecution seeking motion to delay Spradlin trial

By Roberta Cantrell
BSN Editor

PRESTONSBURG — The prosecution in the murder trial of Amber Spradlin is asking the Dec. 1 trial date be delayed.

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 McKinney’s and family friend Josh Mullins are charged with multiple counts of evidence tampering for allegedly trying to cover up the crime.

In a motion filed Monday to continue the case, Commonwealth’s Attorney Brent Turner says the last submission of evidence, which includes at least 33 items to be analyzed for DNA, will not be completed prior to Dec. 1.

The motion says the victim’s family agrees with the request to continue the trial. It also argues continuing the trial to allow the completion of forensic testing of the evidence does not violate the right to a speedy trial.

“It would 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 Commonwealth is asking that a status conference be scheduled in December to see where the testing is at that point and to select a more appropriate trial 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.”

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.