FLOYD CO. (LEX18 — The defense attorney for Michael McKinney III, who is charged with the murder of Amber Spradlin, filed a motion on Monday to dismiss McKinney’s indictment.
The motion, filed by Randy Martin O’Neal of Williams & O’Neal, argues that the court failed to make a return in open court and breached the secrecy of the grand jury.
O’Neal writes that the public was made aware of the indictment from social media posts “at least two weeks prior to this case being presented to the grand jury."
Law enforcement, O’Neal argues, were in place to serve an indictment warrant before an indictment was returned or filed by the circuit clerk.
O’Neal further argues that in this case, it does not appear that the indictment was returned in open court prior to the issuance of a warrant, constituting a violation of the Kentucky Rules of Criminal Procedure 5.20.
“This failure to comply with the procedural requirements required by RCr 5.20 constitutes a significant defect in the indictment which cannot be cured at this point,” O’Neal writes.
O’Neal writes that, as the circuit clerk can seal an indictment, information pertaining to the case “except when necessary for the issuance and execution of a warrant or summons” could have been kept secret.
However, O’Neal argues that the opposite took place: “...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.”
He acknowledges that although the indictment was not sealed, the indictment needed to be filed with the circuit clerk to consider a seal and to issue a warrant.
An August 5 motion also argues for the reduction of McKinney’s bond from $5 million full cash. The motion states that the Commonwealth “could not produce a single piece of evidence supporting their claims.”
A court date has yet to be set.
