GOODYEAR, AZ — A judge declared a mistrial in a major child murder case that started over six months ago.
The trial for Lisa and Germaine Cunningham was originally suspended indefinitely due to evidence issues at the Goodyear Police Department.
The Cunninghams are accused of murdering their seven-year-old daughter back in 2017.
The ABC15 Investigators broke the story that Goodyear police cannot prove "chain of custody" going back years.
The trial started all the way back in September, and on Monday, a judge said she did not believe they could finish the trial with the current jury.
RELATED: Parents accused of murdering their child to be released amid Goodyear PD evidence issues
The judge, Patricia Starr, called in the jury and told them the case was ending in a mistrial and their service on the case was over.
The parties had been preparing for an evidentiary hearing, and that is still going to be held.
Judge Starr set aside four days in May for that hearing.
ABC15 has also reported that defense attorneys have filed a motion to compel, asking the court to demand police and prosecutors turn over documents, notes, and emails they have requested.
The parties will be back in court next week for oral arguments on that motion.
"I do find a new trial is needed in this case, because we still have the issues regarding Goodyear's property and evidence," said Judge Starr. "They are going to have to be dealt with in some way if we continue with the trial."
Both defense teams and prosecutors told the judge in court they still thought they could find a way to finish with the current jury. Judge Starr disagreed, saying she was not going to continue to make the jury wait
"I understand why people want me to keep the jury, but I’m not going to keep people hanging on when I see no feasible way for this trial to continue with this jury," said Judge Starr.
If you were a juror on this case and want to speak with ABC15, you can write the ABC15 Investigators in confidence. Reach out by emailing ashley.holden@abc15.com and dave@abc15.com.
