Prosecutors spent the remainder of the day two calling witnesses and introducing evidence that would put Patrick Stallworth at Tom Brown Village around the time Cupcake went missing.
BIRMINGHAM, Ala. - A jury was seated Monday in the first trial involving the death and disappearance of Kamille ‘Cupcake’ McKinney. Patrick Stallworth will stand trial on two federal kidnapping charges. He also faces a state capital murder count.Day 2: Tuesday, October 4, 2022 - final update:
Defense attorney Derrick Collins cross-examined the Spaeth asking whether he could prove that was Stallworth on the video.Collins pressed Spaeth, questioning whether he could prove that was Cupcake. Today the jury was able to see that plastic cover in person. Two FBI agents opened the evidence packaging and unfolded it in front of the jury. During opening statements, the prosecution said an expert witness would testify that both defendants DNA and Cupcake’s DNA were found on a plastic mattress cover inside Stallworth’s apartment.
When it was time for McKinney and her family to leave, Long said McKinney’s older brother ran inside and said he couldn’t find her.“I asked Ava - where was Cupcake,” Long testified. “She said ‘Cupcake got in the car with that man, he took her to get candy at the store.’” The government also called the FBI Case Agent Eric Salvador, who recounted the initial days of the investigation and how the agency developed its case.
“I will warn you that some of this evidence will not be easy to see or hear, but in order to bring justice we are going to ask that you do exactly that,” Peeples explained. Defense Attorney Derrick Collins quickly told the jury there’s only one fact established in this case right.Collins said Stallworth wasn’t involved in the crime and went as far to say the government doesn’t have the evidence to prove its case beyond a reasonable doubt.
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