PRESTONSBURG, Ky. (WMDJ) – Special Circuit Judge Eddy Coleman says he’ll decide on a bond reduction for Amber Spradlin murder suspect Michael "M.K." McKinney III no later than Monday.
In a pretrial hearing held today, Coleman heard arguments from both sides of the case concerning McKinney’s risk of flight or being a threat to the community.
Defense attorney Steve Romines indicated that his side was ready to post a $1 million property bond or a half-million bond cash bond (10% of current $5 million bond), arguing that McKinney presents zero risk to the community and is not a flight risk based on pretrial risk assessment.
Romines showed evidence that McKinney has no prior arrest record and only has a single speeding ticket for traveling five miles above the posted limit.
Prosecutor Brent Turner countered pretrial risk assessments were, “concocted in Frankfort many years ago by people whose goal it is to keep everyone out of jail, so the state doesn’t have to pay for it.”
Turner also argued that there is ample evidence that McKinney is unstable, hears voices in his head. Turner also indicated that McKinney has, “a pretty thick stack of medical health records” and that McKinney has instances where he, “cannot control himself or his anger.”
McKinney’s bond is currently set at $5 million. If Coleman rules in favor of a bond reduction, McKinney could be released on home incarceration, yet not in the same home as other defendants as his father Dr. Michael McKinney or Josh Mullins, who are currently free on bond and home incarceration.
Meanwhile, both sides indicated that it could be another year before DNA results are conclusive to possibly be used as evidence in the case. Turner indicated that the state forensics laboratory, which handles all testing for every law enforcement agency in the state, is understaffed and backlogged with cases.
Turner told the court that the prosecution wanted to submit 30 items, yet the lab would only accept 10 initial items to be tested.
Romines argued that based on the time frame of returning evidence and pretrial risk assessment, the rule of law should be followed by allowing a bond reduction.
“As long as we may have to wait to get evidence back. If he’s sitting in jail that entire time, that’s a miscarriage of justice, because it’s not his responsibility to do this testing and may put us in a position to ask for a speedy trial. Which puts the court and everybody in a very difficult position to go to court without certain evidence, some of which could be exculpatory, but that’s a risk we have to take if we have to wait a year or more to get back evidence,” Romines said.
The next hearing in the case has been set for February 27th, 2025.
