The capital murder trial for Patrick Stallworth in the 2019 abduction and murder of 3-year-old Kamille “Cupcake” McKinney has been delayed.
Patrick Stallworth was set to go to trial March 11, but some of the evidence in the case remains in the custody of federal authorities pending appeal and authorities said there’s no way to take the case to trial without that evidence.
Stallworth, 43, and Derick Irisha Brown, 33, are charged with capital murder in Kamille’s slaying. Brown was set for trial for April 8 but that was already delayed while she undergoes mental evaluation.
Both were found guilty in federal court of kidnapping that resulted in death and conspiracy to kidnap a minor victim. They were sentenced to life without parole.
The are facing the death penalty in state court if convicted. Both have entered pleas of not guilty, and Brown additionally entered her plea of not guilty by reason of mental disease or defect.
Jefferson County Circuit Judge Alaric May on Monday continued Stallworth’s case until later this year.
“It’s frustrating but it’s no one’s fault and it’s just part of the process,’’ said District Attorney Danny Carr said. “We just have to be patient.”
Brown is represented by Adam Danneman and Blair Shores of the Jefferson County Public Defender’s Office. Stallworth is represented by attorneys Derrick Collins and Rolando Rankin.
Assistant District Attorneys Neal Zarzour and Misty Reynolds are prosecuting.
Prosecutors contended that Stallworth and Brown planned all day to kidnap a child and did so on Oct. 12, 2019, at Birmingham’s Tom Brown Village public housing community.
The motive, they have previously said, could have been for Stallworth’s sexual gratification or because Brown had lost custody of her six children and wanted another child.
Stallworth and Brown were in a relationship at the time of the abduction.
Testimony and evidence in both trials showed the couple’s movements all day that Saturday, which included a stop at a Shell service station near Tom Brown Village where Stallworth was seen on video buying $18.91 in candy.
Then, a short time later, a 12-year-old girl said Stallworth stopped her as she was leaving cheerleading practice at Hayes K-8 and asked her if she wanted some candy. She ran away.
Later, Stallworth and Brown were seen sitting in their Toyota Sequoia on a street and, when confronted by a resident, Brown asked where were all the children that used to play on the circle. That woman testified that Brown seemed overly interested in children.
Video from Tom Brown Village that night showed Stallworth talking to two little girls – Cupcake and her best friend/cousin Ava, also 3, before they walked off screen with him.
Ava, according to testimony, would later say when asked where Cupcake went, “Cupcake got in the car with that man. He took her to get candy at the store. I not want no candy.”
Since their 2019 arrests, Stallworth and Brown have blamed each other for the abduction and death of Cupcake.
Stallworth claimed Brown had taken the girl, saying she wanted to keep her, and he also said the Brown wanted him to sexually touch the girl. He told detectives that Brown “put Cupcake to sleep” by putting her hands over her nose and mouth.
Medical experts have previously testified that Cupcake died by asphyxia. She had methamphetamine, Trazodone and Benadryl in her system.
Dr. Daniel Dye, of the Jefferson County Coroner/Medical Examiner’s Office said the meth and Trazodone contributed to the baby’s death.
