Cupcake’s suspected killer’s state trial delayed

BIRMINGHAM, Ala. (WBRC) - One of the people accused in the tragic death of three year old Kamille “Cupcake” McKinney is back in state court Tuesday on capital murder charges.

A new hearing date has been set for Patrick Stallworth.

Judge Alaric May says right now the case is unable to move forward because the evidence is still in federal custody.

“where we find ourselves is unfortunately exactly where we found ourselves last hearing,” May says.

Judge May says he doesn’t see any other way to do it but to allow the federal appeals process to run its course. Then the state will have access to the necessary evidence.

Stallworth and Derick Brown were both found guilty of federal kidnapping charges in Cupcake’s death. They were sentenced to life in prison.

Judge May says it could be two, or three months, maybe even longer but he doesn’t expect the process to be done by September.

Now instead, Judge May is placing both Stallworth and Derrick Brown’s cases on Administrative Hold.

Another status hearing has been scheduled for September.

The state is seeking the death penalty in the capital murder cases against Stallworth and Brown.

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