PHOENIX — Child murder defendants Lisa and Germayne Cunningham are being released from custody with electronic monitoring after their trial was suspended indefinitely.
The pair is charged with murdering their 7-year-old daughter.
On Monday, the Judge ordered that while on release, the couple will have electronic monitoring and can reside together within Maricopa County.
ABC15 first reported that this trial was in jeopardy due to evidence issues in the Goodyear Police Department.
See our previous coverage on this case in the player above.
Internal police documents obtained by ABC15 reveal that Goodyear has long-standing issues with its evidence-tracking software, impacting the chain of custody in the Cunningham case and potentially many others.
Last week, Judge Patricia Starr told jurors that she was unsure when they would return for trial.
The court wants to hold an evidentiary hearing before deciding how to proceed. That hearing has not been scheduled.
The trial has been underway since September, but prosecutors still have not finished presenting their case.
Judge Starr said in court that she doesn't know if the trial will finish in the remaining time.
ABC15 is committed to finding the answers you need and holding those accountable.
Submit your news tip to Investigators@abc15.com
"I may grant the motion to dismiss, with or without prejudice," said Judge Starr. "I don't know what this time, because I haven't had a hearing. If I don't and the trial concludes, there's the very real chance of a mistrial, because we've kept these jurors already two months over, or screen them already two months over what they were originally screened for."
She is allowing the Cunninghams to also have video or phone visits with their two youngest children and their custodial guardian.
ABC15 is continuing to investigate the evidence issues at the Goodyear Police Department and how many cases could be impacted.
Prosecutors with the Maricopa County Attorney's Office addressed this briefly in court.
"We are, and the administration is making it known that Goodyear has this issue," said prosecutor Jessi Wade. "So, it's being disclosed to all prosecutors. So that they're aware. In case they have a Goodyear case, this is information that may need to be disclosed in that Goodyear case."
The parties are set to meet again virtually later this week.
