Judge rules on evidence ahead of first trial involving kidnapping, murder of Kamille ‘Cupcake’ McKinney
BIRMINGHAM, Ala. (WBRC) - A judge cleared the way for statements Patrick Stallworth made to Birmingham Police to be used in his upcoming federal trial.
Stallworth and his co-defendant Derick Brown are charged with state and federal counts connected to the 2019 kidnapping and death of three year old Kamille ‘Cupcake’ Mckinney. Both will stand trial individually in federal court on kidnapping charges in 2022 and will likely go to trial on state capital murder counts in 2023.
During a hearing in early August, defense attorney Derrick Collins argued Stallworth’s rights were violated when he asked for an attorney during an interview with investigators in 2019. He alleged the investigators continued to engage Stallworth instead of ending the conversation. The law requires police to cease communication if a suspect invokes their right to an attorney.
Stallworth met with police five times during the course of the investigation. His defense team filed a motion to suppress statements he made to police during their fourth meeting on October 22, 2019, prior to being charged with Capital Murder.
Federal District Judge Scott Coogler denied the motion to suppress Stallworth’s statements. In the order, Coogler explained the investigators followed proper protocol, noting after Stallworth asked for an attorney both detectives ended the interview and were walking out of the room when Stallworth reengaged them.
“There is no doubt that Stallworth did in fact indicate such a desire to discuss the investigation a few moments later when he stated to Detective Ross as he was again attempting to leave the room: ‘Look, detective. Talk to me. Talk to me,’” Coogler’s order cited.
It’s unclear what Stallworth said to police during that meeting. He’s scheduled to stand trial for federal kidnapping counts in October.
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