PRESTONSBURG, Ky. (LEX 18) — Josh Mullins, through his attorney, filed a response to the Commonwealth's renewed motion to continue the trial in the Amber Spradlin case, stating the delay protects his constitutional right to a fair trial by ensuring all relevant evidence is obtained, disclosed, and reviewed before proceedings begin.
The filing states some of the outstanding evidence may be exculpatory. Mullins asserts no prejudice from the delay and submits the continuance is necessary to safeguard the integrity and fairness of the proceedings.
According to the filing, the Commonwealth's case is predicated on the theory that Mullins' statements, actions, behavior, and alleged plan to tamper with evidence were undertaken to protect co-defendant M.K. McKinney from a murder conviction.
The defense argues that outstanding forensic testing bears directly on that theory. The filing states that if testing of blood on a bedroom door or a handprint on a couch reveals the presence of Roy Kidd's blood, the victim's blood, or any mixture thereof, such results would be exculpatory and could materially undermine the Commonwealth's theory.
The document notes that Kidd provided detailed statements to detectives indicating he did not touch the "dried" blood on the victim's body and did not have blood on his hands when he touched the door.
The defense states the pending testing results are critical and further justify the requested continuance.
Amber Spradlin, 38, was found dead in the home of prominent Prestonsburg dentist Michael McKinney II on June 18, 2023. Investigators would later release that she’d been stabbed 12 times in the head, neck and torso, LEX 18 previously reported.
More than a year later, police charged McKinney’s son, Michael “MK” McKinney III, with murder and multiple counts of evidence tampering in the case.
Michael McKinney II and family friend, Mullins, were also charged with multiple counts of complicity to tampering with evidence.
